James Smith

Year of Call:
2022
Direct Access:
No
james.smith@outertemple.com Email
+44 (0)20 7353 6381
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James Smith has a wide-ranging commercial practice which spans banking and financial services, civil fraud, commercial, company, insolvency, international arbitration, pensions, private client, regulatory, and sanctions matters. His international work is principally based in the Gulf.

Examples of James’ recent and ongoing instructions include:

  • Acting in an eight-day trial before the Dubai International Finance Centre first-instance court, defending the executor of an AED 350m estate against allegations of undue influence, lack of capacity, and want of knowledge and approval (led by David Russell KC).
  • Acting for the representative members in Jersey proceedings alleging breach of the implied duty of good faith by the principal employer of the HSBC International Staff Retirement Benefits Scheme (together with Andrew Short KC and Naomi Ling).
  • Acting for the Solicitors Regulation Authority to successfully resist an application for restoration to the Roll of Solicitors (as sole counsel; against a silk).
  • Acting for a former CEO in a USD $20m claim under a directors and officers insurance policy in a Dubai-seated DIAC arbitration (led by David Russell KC and Clare Baker).
  • Advising an investment partnership on a EUR €72 million claim against a financial services company for misrepresentation and negligent misstatement (led by Oliver Powell KC).
  • Drafting an expert report on English law for the Singapore High Court in a GBP £40m claim for fraudulent misrepresentation and breach of a loan agreement (led by Andrew Spink KC).

Formerly a law lecturer at the London School of Economics, James graduated with first-class honours in Law (LLB) from the University of Warwick and a distinction in International Commercial Law (LLM) from University College London. He served as a trainee at NATO Headquarters in Brussels, where he wrote speeches for the Secretary-General, Jens Stoltenberg.

He is a contributor to the latest edition of Lissack and Horlick on International Bribery and Corruption.

Expertise

Notable Banking & Finance cases

  • Advising an investment partnership on an intended GBP £63m million claim against a financial services company for misrepresentation and negligent misstatement (led by Oliver Powell KC).
  • Preparing an expert report on English law for the Singapore High Court in a GBP £40m claim for fraudulent misrepresentation and breaches of a loan agreement (led by Andrew Spink KC).
  • Advising a hedge fund on compliance with the Cayman Islands Beneficial Ownership Transparency Act 2023 (led by Oliver Powell KC).
  • Advising borrowers on intended group claims arising out of the alleged miscalculation of interest payable under commercial loan agreements (led by Helen Pugh).
  • Advising on the nature and scope of guarantee obligations under an ISDA Master Agreement (led by Sophie O’Sullivan).

Notable Civil Fraud cases

  • Acting for a travel company in an application for a worldwide freezing order and an interim proprietary order against a bookkeeper alleged to have misappropriated assets worth £360,000 (assisting Henry Reid).
  • Advising on an application for summary judgment and default judgment against “persons unknown” following a cryptocurrency fraud (assisting Henry Reid).
  • Drafting a skeleton argument for a Court of Appeal hearing in FS Capital & Ors v Adams & Ors [2025] EWCA 53, which arose out of the improper sale of loan assets with a book value of £410m (as a pupil).

Notable Commercial cases

  • Advising on the merits of resisting the enforcement of an Estonian judgment in England & Wales (led by Joshua Ray).
  • Acting for a multinational vehicle manufacturer, obtaining summary judgment in the County Court in a claim for breach of contract (instructed by Shoosmiths).
  • Defending a multinational insurance and appliance care provider against claims in the County Court for alleged breaches of insurance policies.
  • Acting for a Thai royal and businessman in an application to set aside default judgment in the County Court.
  • Acting in a two-day fast-track trial of a claim for defective construction works in the County Court.
  • Advising a financial advisor on the merits of a professional negligence claim against his former solicitor.
  • Advising in conference a FTSE 250 company on the merits of arbitration proceedings against a developer for defective workmanship in a construction project.
  • Advising an NHS trust on indemnity provisions in a contract with a medical services provider.
  • Advising on the merits of a £780,000 debt claim by a supplier against a UK retailer.
  • Advising on methods of enforcing a Swiss judgment in England & Wales under the Lugano Convention (as a pupil).

Notable Company & Insolvency cases

  • Acting for a former company director in a High Court claim by liquidators for repayment of an overdrawn directors’ loan account (instructed by Browne Jacobson).
  • Advising liquidators on the retention of sums under an asset purchase agreement.
  • Advising an insolvency practitioner on their fiduciary and regulatory duties when arranging for the sale of assets from an insolvent estate.
  • Acting for an insolvency practitioner in a claim against a former colleague in the County Court at Central London for breach of a partnership agreement.
  • Drafting particulars of claim for a declaration that a partnership at will has been dissolved, and that an account be taken of partnership dealings.
  • Applications for the rectification of the Register of Companies.
  • Applications for bankruptcy and winding-up orders.
  • Applications to set aside statutory demands.
  • Applications to restrain presentation and/or advertisement of winding-up petitions.
  • Applications to discharge bankruptcy orders.
  • Applications to annul bankruptcy orders.
  • Applications for final charging orders.
  • Applications for the consolidation of Part 7 and Insolvency Act proceedings.

Notable International Arbitration cases

  • Assisting with an arbitration under LCIA rules arising out of an alleged breach of a Cayman Islands partnership agreement (led by Olivia Kaye).
  • Advising on the merits of an arbitration under ICC rules arising out of the construction of a wind farm in Romania (led by Lucian Ilie).
  • Drafting a response to a request for arbitration under the LCIA rules, seeking dismissal due to lack of jurisdiction (led by Lucian Ilie).
  • Assisting on an arbitration under DIAC rules arising out of an alleged breach of a lease agreement.
  • Enrolled as an arbitrator in the Dubai International Arbitration Centre.

Notable Middle East cases

  • Acting in an eight-day trial before the Dubai International Finance Centre first-instance court, defending the executor of an AED 350m estate against allegations of undue influence, lack of capacity, and want of knowledge and approval (led by David Russell KC).
  • Acting for a former CEO in a USD $20m claim under a directors and officers insurance policy in a Dubai-seated DIAC arbitration (led by David Russell KC and Clare Baker).
  • Drafting an application for permission to appeal to the DIFC Court of Appeal against a first-instance decision arising out of an alleged breach of a maritime insurance policy.
  • Defending a multinational bank against claims in the DIFC first-instance court by a former employee for alleged repudiatory breach of an employment contract (instructed by Clyde & Co (UAE)).
  • Acting for a consulting firm in claims in the DIFC first-instance court against former employees for recovery of sign-on bonuses (instructed by Clyde & Co (UAE)).
  • Defending a Dubai investment fund against a claim in the DIFC by a former employee for unpaid salary and wrongful termination (instructed by Clyde & Co (UAE)).
  • Advising on an application for service out of the jurisdiction in a claim for the recognition and enforcement of an arbitration award in the DIFC (assisting Patrick Tomison).

Notable Pensions cases

  • Acting for the representative members in Jersey proceedings alleging breach of the implied duty of good faith by the principal employer of the HSBC International Staff Retirement Benefits Scheme (together with Andrew Short KC and Naomi Ling).
  • Acting for a retired justices’ clerk in a claim for the determination of “Crombie” compensation under the Justices of the Peace Act 1949 (Compensation) Regulations 1978.
  • Advising a member of the National Union of Mineworkers on their entitlement to a concessionary fuel allowance (instructed by the National Union of Journalists).
  • Advising the sponsoring employer of a public sector pension scheme on over-payment and under-payment of benefits to members following a miscalculation by the scheme’s administrator (assisting Saul Margo).
  • Advising on whether pension scheme deeds had been properly attested under the Law of Property (Miscellaneous Provisions) Act 1989 (assisting Nick Hill).

Notable Private Client cases

  • Drafting a claim against a luxury hotel for breach of bailment and conversion following the misappropriation of jewellery worth £185,000 (instructed by Kingsley Napley).
  • Appearing before a circuit judge in an appeal against a decision of a district judge who had erred in an equitable accounting exercise relating to the ownership of jointly-owned property.
  • Appearing before a circuit judge in an appeal under s 204 of the Housing Act 1996.
  • Acting for the executor of an estate facing a High Court claim, in which the will’s witnesses claimed they did not see the testator signing the will.
  • Advising on whether the Protection from Eviction Act 1977 applies to residential occupiers of houseboats.
  • Advising on the merits of applications to remove executors, including where an executor has lost capacity, failed to progress the administration of an estate, and where co-executors have fallen out.
  • Advising in conference on an application to the Court of Protection to remove a deputy.
  • Assisting a supervisor with trial preparation for Rahman v Hassan [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).
  • Drafting pleadings in proprietary estoppel claims (as a pupil).

Notable Public & Regulatory cases

Solicitors Regulation Authority v Gallagher [2026]

  • Acting for the SRA in an application against a solicitor who fabricated a court attendance note.

Kabir v Solicitors Regulation Authority [2026]

  • Acting for the SRA to resist an application for restoration to the Roll of Solicitors (against a silk).

Solicitors Regulation Authority v Wood [2026]

  • Acting for the SRA in an application against a family law solicitor who hired a private investigator to find out the address of a litigant in person.

Solicitors Regulation Authority v Simpkins [2026]

  • Acting for the SRA in an application against a solicitor who breached client account rules.

Notable Sanctions & Export Controls cases

  • Advising HM Treasury’s Office of Financial Sanctions Implementation (OFSI) on high-value sanctions enforcement matters.
  • Advising an interior design company on the impact of trade sanctions under the Russia (Sanctions) (EU Exit) Regulations 2019 (as sole counsel).
  • Advising a Chinese state-owned insurer on sanctions issues arising out of potential liquidation proceedings in the Cayman Islands (led by Joshua Ray).
  • Advising a Russell Group university on the impact of trade sanctions under the Russia (Sanctions) (EU Exit) Regulations 2019 on the establishment of a joint education initiative with a Chinese university (led by Sophie O’Sullivan).
  • Advising a luxury apartment management company on the impact of financial and trade sanctions under the Russia (Sanctions) (EU Exit) Regulations 2019 on the collection of service charge payments from a designated person (led by Oliver Powell KC).
  • Advising vessel-owners on whether the trust services prohibition in the Russia (Sanctions) (EU Exit) Regulations 2019 permits the receipt of payments from designated persons via an escrow account (led by Oliver Powell KC).
  • Advising a UK-Russian dual national on whether the receipt of a legacy from a Russian estate is permitted under Russia (Sanctions) (EU Exit) Regulations 2019 (led by Joshua Ray).
  • Advising an aerospace company on whether the export of aviation products to Chinese customers is permitted under export control legislation (led by Oliver Powell KC).

Related updates

To find out more, contact Matt Sale on +44 (0)20 7427 4910 

  • Attorney General’s Junior Junior Scheme.
  • Commercial Bar Association (COMBAR).
  • Chancery Bar Association (ChBA).
  • London Bar Association (LBA).
  • Financial Services Lawyers Association (FSLA).
  • Young Fraud Lawyers Association (YFLA).

  • 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).

  • James Smith, “Proportionality in UK sanctions law: Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30” (2025) 10 Journal of International Banking & Financial Law, 672.
  • James Smith, “Russia sanctions and the prohibition on trust services” (2025) 31 Trust & Trustees, 1-5.
  • James 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.

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