James Smith

Year of Call:
2022
Direct Access:
No
james.smith@outertemple.com Email
+44 (0)20 7353 6381
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James has a broad practice which covers all aspects of Outer Temple Chambers’ business work, including commercial and chancery, pensions and employment, private client, and sanctions-related matters. He has appeared as sole counsel in the High Court, County Court, Employment Tribunal and First-tier Tax Tribunal.

Recent highlights of James’s practice include:

  • As junior counsel, acting in a c USD $20 million claim in the Dubai International Arbitration Centre under a directors’ & officers’ insurance policy following the insurer’s denial of coverage.
  • As sole counsel, successfully appealing against a decision of a district judge who had erred in an equitable accounting exercise as between tenants in common of a jointly-owned property.

James taught law at the London School of Economics and has been published in Trust Law International. He was awarded two scholarships for the Bar Course by Gray’s Inn. He achieved a Distinction on his LLM in International Commercial Law at University College London, coming top of his year in Company Law. In addition, he received a First Class LLB from the University of Warwick, where he was president of the law society.

Before starting pupillage, James was a trainee at NATO Headquarters in Brussels, where he worked on a range of defence and security issues related to the war in Ukraine. He also wrote speeches for the then-Secretary-General, Jens Stoltenberg.

Expertise

Notable Commercial Litigation & Arbitration cases

  • As junior counsel, acting in a c USD $20 million claim in the Dubai International Arbitration Centre under a directors’ & officers’ insurance policy following the insurer’s denial of coverage under the policy.
  • Drafting a skeleton argument for the Court of Appeal hearing in FS Capital & Ors v Adams & Ors [2025] EWCA 53, addressing whether as a matter of Jersey law the exercise of a power for an improper purpose was void or voidable (as a pupil).
  • Advising on methods of enforcing a Swiss judgment in England & Wales under the Lugano Convention (as a pupil).

James regularly acts as sole counsel in winding-up and bankruptcy petitions and related matters in the High Court and County Court. During his LLM, he came top of year in Company Law.

Notable Company & Insolvency cases

  • As sole counsel, assisting a company in a claim for late registration of a mortgage with Companies House.
  • Advising on the merits of an application under s 234 of the Insolvency Act 1986 (as a pupil).

Having previously been published in Trust Law International and taught trusts law to undergraduates at the London School of Economics, James is well placed to assist in a wide range of private client, wills and probate-related matters.

Notable Private Client cases

  • Advising on the merits of various applications to remove executors, including where executors have lost capacity, co-executors have fallen out, and where an executor has failed to progress the administration of an estate (as a pupil).
  • Assisting a supervisor with trial preparation for Rahman v Hassan & Ors [2024] EWHC 1290 (Ch), the first reported case to consider whether registered land can be the subject of a deathbed gift (as a pupil).
  • Assisting a supervisor with preparation for Re WCC Henchley Trust [2024] EWHC 607 (Ch), an application to approve and settle an account in common form (as a pupil).
  • As sole counsel, appearing in the First-tier (Tax) Tribunal challenging late filing penalties.

Notable Pensions & Employment cases

  • Advising a public body following mistaken over- and under-payments of benefits by a public sector pension scheme (as a pupil).
  • Advising the trustees of a private sector pension scheme on whether deeds of amendment had been validly executed (as a pupil).
  • Advising a franchisee on the effect of a post-termination restrictive covenant in a franchise agreement (as a pupil).
  • Drafting a letter before action for a wrongful dismissal claim (as a pupil).

James has experience on matters across a number of jurisdictions, including the DIFC, Romania, Guernsey, Jersey, the Isle of Man, the BVI, the Bahamas, the Cayman Islands, and Gibraltar.

James has a particular interest in sanctions-related matters. He has experience advising on the application of the Russia (Sanctions) (EU Exit) Regulations 2019.

James regularly appears as sole counsel in various possession-related hearings.

Notable Property & Real Estate cases

  • As sole counsel, successfully appealing against a decision of a district judge who had erred in an equitable accounting exercise after making a declaration as to the beneficial interests in a jointly-owned property.
  • As sole counsel, assisting a bankrupt to resist an application for an order for possession and sale of the family home.
  • Drafting particulars of claim and defences in various proprietary estoppel claims (as a pupil).
  • Advising on an appeal against a decision of the First-tier Tribunal (Property) Chamber in a claim for rectification of the Land Register (as a pupil).
  • Drafting a letter of claim for an order for the sale of jointly-owned property where one co-owner is in possession (as a pupil).

Related updates

To find out more, contact Matt Sale on +44 (0)20 7427 4910 or  Ellie Barra on +44 (0)20 7353 6381.

  • PgDip (Bar Vocational Studies), City, University of London: Distinction.
  • LLM (International Commercial Law), University College London: Distinction (top of year in Company Law).
  • LLB, University of Warwick: First Class (third in year, President of Warwick Law Society).

  • J Smith, “Rethinking the Role of Settlor Intent in the Variation of Trusts: Was the 1958 Act an Unfinished Revolution?” (2022) 35(4) Trust Law International 246-264.

  • Goldie Scholarship – Gray’s Inn.
  • Residential Scholarship – Gray’s Inn.
  • Academic Excellence Scholarship – City, University of London.
  • Bar Vocational Studies Scholarship – City, University of London.

  • Trainee, NATO Headquarters.
  • Guest Teacher, London School of Economics.

Read James’ privacy policy here.

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