Jamie Smith QC

“An excellent advocate in writing and on his feet, running rings around the opposition. His advice is clear and methodical.” – Legal 500, 2022: Insurance and Reinsurance

“He gives very clear and pragmatic advice and is a pleasure to deal with. He is very collaborative and very thorough.” “His written opinions are first rate.” – Chambers & Partners, 2022: Insurance

“Provides a fantastic service – Jamie is thorough, insightful and a great support. His advice is detailed but engaging, his submissions (both on his feet and in writing) are clear and compelling, and he is quick to grasp the nuances of a case.” – Legal 500, 2021: Insurance and Reinsurance

“He’s very hard-working, has a sensitive understanding of clients’ needs and gets the whole picture. His written work is exemplary and he’s very good on his feet.” “He’s very practical, provides clear solutions and is very good on strategy.” – Chambers & Partners, 2021: Insurance

“He quickly soaks up all the detail utilising a methodical approach to produce a first-class result.” – Legal 500, 2020: Insurance and Reinsurance

“An incredibly brilliant intellect.” “Very good on his feet, very bright and very analytical.” “Quickly soaks up all the detail utilising a methodical approach.” – Chambers & Partners, 2020: Insurance

“Responsive, bright and commercial.” “He really knows his stuff and has the advocacy skills to make his views reality.” – Chambers & Partners, 2019: Insurance

“His work ethic and commitment are extraordinary and very admirable.” “He is an extremely capable advocate.” – Chambers & Partners, 2018: Insurance

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, and in delivering talks and seminars. Jamie is now seen as an experienced practitioner in this field and was Counsel in the ground-breaking Supreme Court case of IEGL v. Zurich case, exploring coverage issues in the EL field.

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. Similarly, he has wide experience of coverage issues arising under ICAEW model policies.

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:

• Dishonesty conferences
• Notification issues (particularly Rothschild ‘blanket’ notifications)
• Arbitrations where the market insurer is seeking a declaration that it is entitled to rely on the dishonesty exception in the MTCs

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 acted for MyLotto24 in its €24m dispute with Great Lakes following a jackpot win by one of its customers.

Jamie also has extensive D&O experience. He recently advised on notification issues in respect of a captive D&O reinsurance programme and he has been involved in coverage disputes following the Meinl Bank litigation, and the Topland affair. Jamie’s disciplinary work has also led to coverage disputes, particularly on the scope of cover side in FCA investigations.

Jamie also advises regularly on financial lines policies.

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“He is utterly brilliant, frighteningly intelligent and a delight to work with.” – Legal 500, 2022: Professional Negligence

“He’s really in a league of his own. He does the most thorough job and gets into the papers in a way I haven’t seen anyone else do. He’s an exceptionally talented lawyer.” “Very considered in his approach; when he expresses a view the client knows that he has looked at every angle. He’s a thoroughly decent, nice person and is very good with clients.” – Chambers & Partners, 2022: Professional Negligence

“He is a clear expert in his field, with a wealth of experience, which means that he is able to advise in a confident and authoritative way, whilst being very approachable. He can be relied upon time and time again to advise on the most complex matters with sensitivity to the individuals involved.” – Legal 500, 2021: Professional Negligence

“Absolutely brilliant: he is extremely technical and hands-on; he will give you a view and stick to it. Very client-friendly.” “Great intellect – a top-quality silk.” – Chambers & Partners, 2021: Professional Negligence

“Ridiculously hardworking, very perceptive, highly focused and thoroughly charming.” – Legal 500, 2020: Professional Negligence

“A fiercely intelligent silk who approaches a case from all angles.” “He is terrifyingly hard-working. I’ve not seen anyone as diligent as him; he knows the detail better than anyone on the case.” “He is an absolute pleasure to work with: incredibly user-friendly and down to earth. A highly reassuring presence to have on a case.” – Chambers & Partners, 2020: Professional Negligence

“One of the brightest of the bunch, and extremely user-friendly. Confident but self-aware.” “He is more than willing to jump into the trenches and get involved in the nitty gritty of a case. He is excellent in cases with complex issues that require a meticulous eye for the detail.” – Chambers & Partners, 2019: Professional Negligence

Jamie is ranked as a leading silk for his professional negligence work in both Chambers & Partners and the Legal 500. As a junior he was ranked in the ‘star’ category in this field by Chambers & Partners and he was nominated as Professional Negligence Silk of the Year in his first year of silk.

Jamie brings total commitment to his clients’ cause, whether on the claimant or the defendant side. He thrives on mastering the detail, but never loses sight of the bigger picture. Jamie is most at home working as part of a team.

In his 20 or so years of practice in this field, Jamie has handled the biggest cases across all professional disciplines, from actuaries to auditors, and solicitors to consulting engineers.

Jamie is an editor of Jackson & Powell (8th Edition), writes and speaks frequently on professional negligence topics and was for many years on the Committee of the Professional Negligence Bar Association.

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“He is very impressive on his feet and, yet, has a fantastic bedside manner when dealing with people who are usually feeling very vulnerable. He is totally unflappable.” – Legal 500, 2022: Professional Disciplinary and Regulatory Law

“A clear expert able to advise in an authoritative way whilst being very approachable.” – Legal 500, 2021: Professional Disciplinary and Regulatory Law

“A talented advocate, immensely hardworking and tactically astute.” – Legal 500, 2020: Professional Disciplinary and Regulatory Law

“He has really good judgement, and is also a decent man with a terrific sense of humour.” – Legal 500, 2019: Professional Discipline & Regulatory Law

Jamie regularly advises on regulatory matters in solicitors and accountancy/audit fields; such issues often arising alongside the professional liability work he does across the professions.

Jamie has a particular interest in FRC disciplinary proceedings, and he recently acted for Deloitte in relation to the proceedings arising from the collapse of Aero Inventory. That hearing lasted 5 weeks and involved detailed questions as to the meaning of Misconduct under the Accountancy Scheme.

Jamie is also familiar with judicial review challenges to decision-making in the regulatory sphere. He was Counsel to Deloitte LLP in the ground-breaking Lewin Maxwellisation case concerning the FRC’s Accountancy Scheme.

Jamie also has wide experience of the challenges faced by the professions when civil and regulatory proceedings overlap; and he recently advised a solicitor’s practice in that regard (on a confidential basis) as to how to respond to a section 44B notice.

Jamie is the first port of call for a number of professional services providers seeking advice as to how to comply with regulatory obligations and as to how to address incipient concerns.

Jamie has a particular interest in the new FRC AEP and has given a range of talks on that topic. He is a member of ARDL.

Cases

Since taking silk, Jamie has been heavily engaged in a number of large claims where very serious wrongdoing is alleged against professional persons: solicitors, valuers and estate agents. Jamie understands the acute reputational issues that arise in such cases and the heavy burdens placed upon those against whom such accusations are made. He immerses himself in the detail and fights tenaciously for his clients.

Jamie recently led a team that successfully defended a commercial partner at Mishcon de Reya facing a conspiracy claim. All claims were dismissed after a 5-week trial and indemnity costs were awarded. He has also just finished his long-standing involvement in the Accident Exchange litigation, a £100m + claim alleging conspiracy involving expert rates surveyors and three firms of solicitors.

Jamie understands the need to master a range of ancillary remedies associated with commercial fraud claims, such as freezing injunctions and security for costs application. He is also prepared to give bold advice to seek to bring such claims to an early resolution.

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