Jamie Smith

Education

M.A. (Cantab.)




Tel: +44 20 7822 2079
Email: j.smith@4newsquare.com
Email Clerk: d.peck@4newsquare.com

Year of Call: 1995

Profile

"He is a good team player with a fine legal brain. He is highly analytical and is able to see through complicated legal issues and distil them down to the essential points." "He is extremely intelligent, very approachable and a strong advocate. He adds value throughout the process and he's always engaged." (Chambers & Partners 2015)

During his time in Chambers, Jamie has built up a practice embracing professional liability work, insurance matters and commercial dispute resolution. In all that he does, Jamie brings a meticulous eye for detail and a complete commitment to the cause.

In recent years, Jamie has been involved in several high-profile lawyers’ liability cases, which have taken him to the House of Lords (Moy v. Pettman Smith), to football stadia (Football League v. edge ellison) and to a different world (The TAG litigation).

Jamie’s achievements have long been recognised by the Directories. Described as “devastatingly intelligent” and as having “a phenomenal work rate, and the rare skill of being able to pinpoint the heart of a case very quickly”, Jamie has been in the top category of professional negligence juniors since 2008. He received the Chambers & Partners’ ‘Professional Negligence Junior of the Year’ award in 2011, and is in the ‘Star’ category for professional negligence.

Jamie is a committee member of the Professional Negligence Bar Association and a member of the Chancery Bar Association, London Common Law & Commercial Bar Association and the British Insurance Law Association.

 


Commercial Dispute Resolution

Jamie’s commercial dispute resolution experience includes freezing and proprietary injunctions (see, for example, Cherney v. Neuman [2009] EWHC 1743), pre-action disclosure applications and foreign jurisdiction issues. He also appears in arbitrations.

In particular, Jamie has:

A sizeable element of Jamie’s work is in the Commercial Court. His current workload includes a claim against a major City investment bank in respect of credit derivative swap transactions and a £40m claim against an aerospace company for an alleged failure adequately to insure MOD stock and equipment.

Jamie recently successfully defended MF Global against allegations of negligent advice in respect of derivatives transactions – Wilson v. MF Global [2011] EWHC 138.


Insurance & Reinsurance

Jamie’s first exposure to insurance issues arose as part of his professional liability work. Insurance has since grown to become a key area of Jamie’s practice and one in which he is both deeply interested and deeply committed: in Court, in arbitration, as an arbitrator and in delivering talks and seminars.

On the professional indemnity side, Jamie has very extensive experience of market policies. He has a particular specialism in the Minimum Terms and Conditions (MTCs), as applying to primary layer solicitors’ policies. He is regularly appointed to arbitrate issues arising under the MTCs and he lectures on the topic.

The wide incidence of mortgage fraud has led market insurers to pay close attention to aggregation and dishonesty clauses in their policies and Jamie has repeatedly been engaged to advise on these matters. This includes:

Away from the professional indemnity insurance arena, Jamie advises on a very wide range of topics, from warranties in domestic household policies to exotic ‘prize’ insurance in the on-line gaming industry. As to the latter, Jamie is currently representing the insured in a €25m claim against insurers arising from a ‘Jackpot’ win on the German Lotto. He is also advising on EL insurance issues in respect of mesothelioma claims (following Fairchild v. Glenhaven and the Compensation Act 2006).

Examples of Jamie’s practice include:


Professional Liability

Jamie was only 4 years call when he was first recognised in the Directories for his professional liability work and since 2008 he has been in the top category in Chambers & Partners for professional negligence juniors. He has for the last 3 years been nominated as professional negligence junior of the year.

The Directories describe Jamie as “totally unflappable and brilliant on his feet”, “devastatingly intelligent” and as having “a phenomenal work rate, and the rare skill of being able to pinpoint the heart of a case very quickly”. Jamie prides himself on his total commitment to his clients’ cause and on his meticulousness.

Jamie’s interest in this field is not just confined to the cases he conducts and defends. He is a voracious reader on the topic, gives talks whenever he has time and is a committee member of the Professional Negligence Bar Association.

Accountants, Auditors & Actuaries

Jamie acts both for and against accountants and auditors. Examples of his wide experience in this area include:

Jamie also represented the Learning and Skills Council in a £40m claim against Deloitte & Touche for alleged negligent auditing of a further education institution (with John Powell QC).

In recent years, Jamie has been heavily engaged in various pieces of litigation involving tax deferral and avoidance schemes involving film finance (for example, The Bedford Row Litigation) and Information and Communication Technology (The Innovator Litigation).

Construction Professionals

Jamie has a particular interest in cases involving complex scientific issues. He regularly acts for and against structural engineers in relation to domestic and commercial underpinning and ground stabilisation schemes. He has often been retained by the Royal & Sun Alliance (now RSA) in claims against construction professionals (to include loss adjusters) arising out of failed underpinning/fire repair projects.

By way of example of Jamie’s work in this field:

Financial Services Professionals

Jamie is regularly instructed in claims involving financial services professionals. This aspect of his professional liability practice has come to the fore in recent years with the rise of litigation involving tax deferment schemes – such as The Bedford Row Litigation and The Innovator Litigation.

Examples of Jamie’s recent work include:

Jamie has just concluded his involvement in a large, multi-party dispute arising from a failed bank guarantee deposit scheme (where £10m of investors’ funds was lost). There were claims against several IFAs and financial intermediaries.

Insurance Brokers & Agents

Jamie’s specialism in claims involving insurance brokers and agents complements his insurance practice. Often, Jamie acts in multiparty disputes where both insurers and insurance intermediaries are defendants.

Jamie’s work in this area includes:

He has a particular interest in cases examining the scope of an insurance broker’s duty to advise as to the meaning and effect of a policy. Thus, Jamie acted for a commercial manufacturer which alleged that its broker did not advise as to the most suitable type of business interruption cover.

Lawyers

In recent years, Jamie has spent much of his time acting in various high-profile lawyers’ liability cases – both solicitors and barristers. That work has entailed court and arbitration work for both claimants and defendants/respondents and has taken him to the Court of Appeal and the House of Lords. The underlying subject matter of the dispute has been very diverse: from the purchase of football rights to the purchase of London property by a Russian Oligarch.

Jamie also undertakes wasted costs work, again for both solicitors and barristers.

The following is but a selection of Jamie’s work in this field:

Jamie has also been advising of late on various issues relating to lenders’ claims against solicitors. These include:

Surveyors & Valuers

Jamie’s practice has for a long time included claims against surveyors and valuers. This is coming to prominence with the next wave of lending claims. Jamie is currently advising a number of lenders in respect of such claims, with a heavy emphasis upon actual or potential mortgage fraud. Similarly, he has been advising professional practices on the merits of various aspects of the lenders’ claims (to include syndication and contributory negligence issues).

Jamie has a full range of experience in:

Patent Agents