James Pearce-Smith
Call 2002 (Inner Temple)
Qualifications MA (Cantab), Admitted as a Solicitor 1994
Professional Memberships Chancery Bar Association
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Areas of Practice
James is an experienced litigator who specialises in commercial and property disputes. His practice includes shareholder and partnership disputes, construction disputes and insolvency, and he is often instructed in complex disputes which span more than one of these disciplines. He has particular expertise in professional negligence claims. He also deals with more traditional chancery work, such as disputes in relation to trusts and wills.
Sources say he is “extremely clever and an excellent advocate who presents clearly and persuasively; he’s the kind of guy you want on your side.” Chambers UK 2011
Commercial disputes
James acts for businesses in a wide range of commercial disputes. His clients range from SMEs to supermarkets and cover many industries, including the agricultural sector. He also has considerable experience of commercial disputes from his time as a solicitor. Examples of James’ recent work include:
- Dunford v Cogent (2010) Acting for four farmers against a supplier of defective bull semen. James appeared for the farmers in a 10 day trial at the Mercantile Court in Bristol.
- Somerfield v Inbev (2011) Acting for a supermarket in a substantial claim against a supplier relating to the terms of a long-running supply contract. Settled before trial.
- V8 Club v Seraly (2010) Acting for a group of businessmen suing the directors of a company on their guarantees. 7 day trial in the County Court.
- Leycroft v AE David (2009) Acting for defendant company in a dispute concerning a joint venture between two companies. 4 day trial in the High Court.
- Clark v Thomas (2008) Representing the claimants in an 8 day trial in the Cardiff Mercantile Court in a dispute between investors/directors in relation to a plastic-recycling business.
Shareholder and partnership disputes
James regularly acts for shareholders in shareholder disputes, including unfair prejudice petitions, and for partners in partnership disputes. Examples of his recent work include:
- Huxtable v Jury (2011) Acting for a shareholder in unfair prejudice petition concerning a company formed as a joint venture to operate a waste disposal site. Claim settled before trial.
- Parsons v Parsons (2010) Acting for a partner in a dispute concerning a family partnership which operated a hotel. 7 day trial in the County Court.
- Gedge v Cresswell (2010) Acting for a shareholder in unfair prejudice petition concerning a family company formed to invest in property. Claim settled before trial.
Professional Negligence
James has particular expertise in professional negligence disputes as he specialised in these disputes as a solicitor (see ‘Background’ below). He generally acts for claimants, although he is sometimes instructed to advise professionals as to their position. He currently acts for a number of major lenders, including Nationwide BS, Platform Home Loans, Lloyds Bank and Bank of Scotland in claims against solicitors and surveyors. He is on Platform Home Loans’ panel of approved counsel.
James also acts for claimants in non-lender claims, especially in claims against solicitors for negligent conveyancing, negligent advice in relation to business agreements, and the negligent conduct of litigation. He also acts in claims against other professionals, such as accountants, surveyors and architects.
James has advised or settled pleadings in a large number of professional negligence claims although none of them has reached trial.
Construction
James has acted in a number of construction disputes. His clients include national house-builders, independent builders and employers. He has appeared in trials and arbitrations, and in relation to the enforcement of adjudication decisions. Examples of his work include:
- Jones & Maher v Jones (current) Acting for the employer in a claim relating to work to renovate a listed building. 1 day trial in the High Court (Cardiff TCC) on a preliminary issue regarding the scope of the builder’s duty of care.
- Russell Brickwork v Lavender (current) Acting for the employer in an arbitration concerning the construction of a new home.
- Breakspear v Skinner (2010) Acting for the employer in a dispute concerning the construction of a large pond. 7 day trial in the County Court.
- Munt v Lloyd (2009) Acting for the builder in a claim concerning works to renovate and extend a private dwelling. 9 day trial in the High Court (Bristol TCC).
- Waterhouse v Bakri (2009) Acting for the builder in a claim concerning work to renovate a private dwelling, culminating in a 3 day trial in the county court.
- Cedar v Zenith (2009) Acting for the employer in an application concerning the enforcement of an adjudication award. 2 day hearing in the High Court.
- Dudman v Taylor Wimpey (2008) Acting for house-builder in dispute concerning the construction of a new house.
Property disputes
James regularly acts and advises in property disputes, ranging from commercial landlord & tenant disputes to boundary and easement disputes. Examples of his recent work include:
- Lytton v Gurman (2011) Acting for private lender in claim to enforce a charge over a property. 3 day trial in the County Court.
- Sawyer v Mann (2010) Acting for a farmer in a dispute concerning a right of way over a private drive to the adjoining farm. The issues included the construction of a deed granting the right and the obtaining of a right by prescription. The claim settled on the 7th day of a trial in the High Court.
- Moon v Mountwaine (2010) Acting for the purchaser of a house in a dispute concerning an overage clause and an obligation to apply for planning permission to develop the property. 3 day trial in the County Court.
- MacLeod v Brooks (2010) Acting for house owners in a dispute concerning a boundary, a parking easement and a right of way over part of their garden. Issues included the construction of a deed, the existence of a quasi-easement and prescription. 3 day trial in the County Court.
- Pearce v Hunns (2010) Acting for a property owner in a boundary dispute. 2 day trial in the County Court.
- Kerdene v Purnull-Exell (2008) Acting for landowner in a claim for possession of land which the defendant claimed to have acquired by adverse possession. 2 day trial in the County Court.
Other work
James also acts and advises in a range of other areas of chancery and commercial work, including insolvency (corporate and personal), wills and probate, trusts and inheritance act claims.
Recommendations
Chambers UK 2012
- Commercial Dispute Resolution: James is deemed a “thoroughly commercial and pragmatic barrister.” He has a strong reputation on the circuit for his chancery and commercial practice, which he combines with extensive experience of professional negligence.
- Company: James is praised for his “sense of commercial acumen and knowledge of the law,” which “makes difficult issues more digestible for the clients.”
Chambers UK 2011
- Commercial Dispute Resolution: James Pearce-Smith has a wide-ranging practice covering commercial, professional negligence and chancery disputes. Sources say he is “extremely clever and an excellent advocate who presents clearly and persuasively; he’s the kind of guy you want on your side.”
Legal 500 2011
- James, who is “quick to master instructions and good with clients”, handles commercial, property and professional negligence claims.
Legal 500 2010
Background
James won the top scholarship to Radley College. He read history at Pembroke College, Cambridge, graduating in 1990 with a 2.1. He trained as a solicitor with Travers Smith Braithwaite, and joined Dibb Lupton Broomhead on qualification in 1994 where he specialised in professional negligence claims against solicitors and valuers as a member of DLB’s building societies team. In 1996 he joined the commercial litigation department of Burges Salmon where he specialised in high-value, complex commercial and corporate disputes, as well as continuing to act in professional negligence claims. He was seconded to Nationwide BS’s in-house legal team for 4 months in 1997. He had conduct of two of the claims in Nationwide BS v Balmer Radmore [1999] PNLR 606. He was also a member of the Burges Salmon team which represented First Great Western in the public inquiry into the Southall train crash. He left Burges Salmon to join St John’s and was called to the bar in 2002.
Other interests
James lives with his wife and two small children in Gloucestershire. When time allows, James plays cricket for Malmesbury Cricket Club (where he can still just about hold an end up) and hockey for Westbury & UB Hockey Club (where he is sinking back down through the teams and away from the forward line).
