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James Bickford Smith

James Bickford Smith

Call: 2008

Barrister

"A brain on legs who goes the extra mile for his instructing solicitor."

Chambers & Partners 2024

"James has an encyclopedic knowledge of post-termination restriction issues and, equally impressively, knows how to utilise that knowledge to provide practical advice. Clients appreciate his calm and detailed approach."

Legal 500 2024

“Has standout expertise acting for individual LLP members in high-stakes exit disputes.”

Legal 500 2023

"He is very good at detail, he leaves no stone unturned and he is a good person to have on your side." "He is a very clever barrister and he is the one to go to for a novel idea."

Chambers UK Bar 2022

"James is fiercely intelligent, commercially astute, and has an easygoing but disciplined style with clients and the court alike. He knows when to seek specialist input on cases of his, and works diligently and rigorously in everything he does - an excellent lawyer."

Legal 500 2022

"An intelligent and knowledgeable barrister with a good sense of how a matter is likely to play out."

Legal 500 2022

"He's a pleasure to work with, grasps issues quickly and is prepared to work extremely hard to deliver the required output." "He's commercial, supportive and adds great value."

Chambers UK Bar 2021

“A brilliant advocate who understand cultural variables and has the ability to stay calm in some heated negotiations."

Legal 500 EMEA

James Bickford Smith

"A brain on legs who goes the extra mile for his instructing solicitor."

Chambers & Partners 2024

"James has an encyclopedic knowledge of post-termination restriction issues and, equally impressively, knows how to utilise that knowledge to provide practical advice. Clients appreciate his calm and detailed approach."

Legal 500 2024

“Has standout expertise acting for individual LLP members in high-stakes exit disputes.”

Legal 500 2023

"He is very good at detail, he leaves no stone unturned and he is a good person to have on your side." "He is a very clever barrister and he is the one to go to for a novel idea."

Chambers UK Bar 2022

"James is fiercely intelligent, commercially astute, and has an easygoing but disciplined style with clients and the court alike. He knows when to seek specialist input on cases of his, and works diligently and rigorously in everything he does - an excellent lawyer."

Legal 500 2022

"An intelligent and knowledgeable barrister with a good sense of how a matter is likely to play out."

Legal 500 2022

"He's a pleasure to work with, grasps issues quickly and is prepared to work extremely hard to deliver the required output." "He's commercial, supportive and adds great value."

Chambers UK Bar 2021

“A brilliant advocate who understand cultural variables and has the ability to stay calm in some heated negotiations."

Legal 500 EMEA

Contact

James has secured repeated directory recognition for his practice in commercial, partnership and employment work in the UK and the Middle East. He is rated as a leading practitioner by both L500 and Chambers & Partners UK for employment and partnership. He is ranked as a Band One Junior for both commercial and employment work in the Middle East. Directory quotes include:

‘James is fiercely intelligent, commercially astute, and has an easygoing but disciplined style with clients and the court alike… works diligently and rigorously in everything he does – an excellent lawyer’

“James is excellent to work with and a real team player.”

“He’s very good on the law. He knows how to deal with the more complicated parts of a case and develop evidence. I find him approachable, personable and quick to respond; he also gives a full, thorough answer, which is very helpful.”

A brain on legs who goes the extra mile for his instructing solicitor.’

‘Has standout expertise acting for individual LLP members in high-stakes exit disputes.’

‘Highly sought after for complex employee disputes which span multiple jurisdictions, including the DIFC, Abu Dhabi and Saudi Arabia.’

Sources repeatedly stressed the high quality of his advocacy, as well as his powerful intellect. He is an advocate experienced in the tribunal and courts at all levels.’

His practice includes heavy trial, appellate and interlocutory work in courts and tribunals internationally. Most recently:

  • Ten day trial in the Court of First Instance of the DIFC (Feb/March 2024). Sole Counsel for Claimant, against a KC. This is the first discrimination claim under the 2019 DIFC Employment Law to be decided.
  • A Chancery appeal (January 2024), led by Charles Samek KC. This raised the issue of whether a Russian Judgment can be directly enforced by way of bankruptcy petition in London. Permission for a second appeal granted by Court of Appeal in April 2024.
  • Three week trial in the London Central Employment Tribunal (October/November 2023); sole Counsel for individual Respondent former CEO of law firm.
  • LLP arbitration (LCIA rules) – one of Counsel team of 4 barristers for leading US law firm.
  • Several interlocutory hearings in ET claim for disabled partner compulsorily retired by well-known City law firm, against KC and junior. The case is listed for trial later in 2024.
  • Obtaining summary judgment in a contractual dispute over perimeter advertising rights at the Copa America.

Alongside his Court work James is sought out as an adviser and to take matters to successful resolution out of court. His clients range from multinationals involved in high value commercial disputes to individuals seeking vindication of employment rights or partnership entitlements.

Examples of recent work in his areas of expertise:

Team moves

  • Leading Counsel team for professional services firm in DIFC team move dispute involving over 20 employee departures, and related bonus disputes. The case ended with a) mediation of the bonus dispute in Paris b) resolution of the team move dispute at principal level. James’ client protected its interests and received significant compensation.
  • Leading for Claimant in long-running London High Court team move/confidential information dispute, taking case over after challenging interlocutory hearing. The case settled after a) a successful specific disclosure application b) a successful application to amend the claim c) awards of indemnity costs.
  • Junior to Tom Montagu-Smith KC in DIFC Team Move claim arising out of vendor-purchaser dispute (settled). James earlier acted as junior to Tom Montagu-Smith KC in the first team move to come to trial in DIFC.
  • Defending insurance brokerage after UK recruitments of 50 brokers from competitor. No injunction application brought.

Partnership

James is instructed by individual partners facing career-threatening events and involved in financial/profit share disputes. He counts as some of his greatest successes cases no one will read about, with a network of former clients continuing in partner roles in London and internationally.

Where matters cannot be resolved without litigation, James has secured multimillion pound settlements for ex-LLP members and 1890 Act partners following the issue of arbitration or ET proceedings.

A number of LLPs instruct James in partner/team recruitment matters.

Executive disputes

  • Leading Counsel team for corporate defendants to ADGM claims brought by former CEO.
  • Sole Counsel for ousted SEO of DIFC bank in remuneration dispute.
  • Securing injunctive relief and orders for delivery up against former director in High Court.

Corporate and Commercial contract disputes

  • Contractual/insurance dispute following explosion of prototype in factory – ICC.
  • Contractual dispute over high profile platform business between shareholders and joint venture partners – KSA/DIFC.
  • Disputes between companies and lenders/security holders; James also has particular expertise in the law of (personal) guarantees, having at an earlier stage in his career gained significant experience of banking litigation.
  • 994 Petition – London, following earlier proceedings in High Court (where company controlled by majority had its claim against James’ client struck out).
  • Commercial contract and invoice factoring dispute in security industry.

Conflicts of law/jurisdiction

A significant minority of James’ cases involve questions of jurisdiction. James has appeared in jurisdiction challenges including at Court of Appeal level.

Qualifications

James joined Littleton after obtaining a Double First and Doctorate from Oxford University, where he worked as a College Lecturer. He was a Lord Haldane and Lord Mansfield scholar of Lincoln’s Inn and won a Buchanan Award for his performance in Bar Finals, in which he was graded ‘Outstanding’.

Commercial

International

Employment (High Court)

Employment (Statutory)

Banking & Finance Litigation

Insolvency

Partnership & LLP

Directory Recommendations

TUPE and Restructuring

Personal Background

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