Jeremy Stuart-Smith QC

Education

MA Cantab




Tel: 020 7822 2038
Email: j.stuartsmith@4newsquare.com
Email Clerk: a.call@4newsquare.com

Year of Call: 1978
Year of Silk: 1997

Profile

Jeremy brings a wealth of expertise in major commercial and common law litigation. He is described as 'an absolute delight to work with, a great mind and strategic thinker' who is “a true class act” who 'argues complex legal issues in a clear and persuasive way'. He is a ‘fantastic team player, who is brilliant with clients’ with his ‘ability to see the bigger picture and his deep and insightful approach’. And he is “a polished and excellent advocate” who is ‘very persuasive and has a sure touch of the court’.

His main areas of specialism are insurance, professional indemnity, and pharmaceutical and other product liability law and other commercial and technical disputes: he has appeared in many of the leading cases in all of his areas of specialism.

Jeremy is listed in Legal 500 as a leading silk for Insurance & Reinsurance and in both Legal 500 and Chambers Directories as a leading silk for Professional Negligence, Clinical Negligence and Product Liability. He is co-author with Professor Rob Merkin of The Law of Motor Insurance (Sweet & Maxwell 2004)

Jeremy was Head of Chambers from 2009 to 2011

Other:

Deputy High Court Judge

Recorder

MIB Arbitrator

 


Professional Liability

Clinical Practitioners

Jeremy has conducted a niche practice in the field of clinical negligence relating to wrongful birth and has been involved in many of the leading disputes since McFarlane v Tayside.

Litigated cases include:

Angela Parkinson v. St James & Seacroft University Hospital NHS Trust [2002] QC 266

Rees v. County Durham and Darlington Acute Hospital NHS Trust [2003] 3 WLR 1091 (HL)

As a spin-off, Jeremy has acted in claims against lawyers alleging failure to prosecute wrongful birth claims diligently.


International Arbitration

Jeremy acts as counsel and arbitrator in both domestic and international arbitrations.  Typical of his experience as counsel is the first major ALOP claim arbitrated in India, arising out of damage to a refinery in Gujarat caused by a cyclone.  Closer to home, an arbitration arising out of delay in the construction of a refinery in Italy required a combination of insurance expertise and construction law and practice.

As arbitrator Jeremy has accepted appointments under the LCIA and other bodies.  Since 2004 he has been an appointed MIB arbitrator.


Insurance & Reinsurance

Most of Jeremy’s work involves insurance or reinsurance, ranging from professional indemnity, via property to EL/PL coverage issues.  Recently litigated insurance cases include:

Current insurance arbitration work includes Essar Oil v United India Insurance (seat of arbitration in Mumbai): ALOP claim arising out of cyclone damage to refinery in Gujarat.

Typical examples of advisory work and expert determinations are:

Jeremy is listed in the Legal 500 as a Leading Silk for Insurance and Reinsurance which says: he is 'an absolute delight to work with, a great mind and stategic thinker' and refers to his "superb judgement and crystal- clear logic"


Product Liability

Jeremy has been involved in many of the major product liability issues and cases over the last 15 years, including:

The 2010 L500 says that in the field of Product Liability Jeremy 'argues complex legal issues in a clear and persuasive way'. Chambers and Partners (Product Liability)  2010 says:  ‘Another silk who receives rave reviews for is style of advocacy is Jeremy Stuart-Smith QC. "He's a smooth performer, very persuasive and has a sure touch of the court".’ Earlier editions of the directories refer to his “ability to see the bigger picture and his deep and insightful approach.” ‘This “extremely effective operator” recently provided advice on potential claims regarding pilots’ alleged exposure to organophosphates’.  He has an “acute understanding of what factors will influence the court’s decision” and is “able to argue difficult cases with considerable style.”