James Pearce Smith

Year of Call: 2002

Inn: Inner Temple

Solicitor: 1994

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A careful and tidy operator, who is a hard fighter.”

Chambers UK,  2021
Professional Negligence

James has particular expertise in professional negligence disputes.  He specialised in professional negligence claims as a solicitor, and has continued to do so as a barrister. He generally acts for claimants, but is also instructed from time to time to advise professionals in claims against them.

Professional Negligence in Banking

James has particular expertise in professional negligence claims brought by lenders against solicitors and surveyors.  As a solicitor he had conduct of two of the claims in Nationwide BS v Balmer Radmore.  As a barrister he has represented Nationwide BS, Lloyds Bank, Bank of Scotland and Platform Home Loans and other lenders in more than 60 claims, many of them were complex multi-million pound claims relating to commercial or investment properties

Professional Negligence in Company and Commercial

He has considerable experience of acting for parties (usually claimants) in a wide range of professional negligence claims against:

  • solicitors concerning share sale/purchase agreements;
  • solicitors and surveyors in connection with conveyancing transactions;
  • solicitors and barristers about the conduct of litigation;
  • accountants concerning the preparation of accounts and the failure to warn about unlawful dividends.

He also has particular expertise acting for parties (usually claimants) in a wide range of other types of professional negligence claim, including claims against construction professionals.

Professional Negligence in Real Estate

James acts for parties (usually claimants) in a wide range real estate claims. He has advised on claims against:

  • solicitors for negligent conduct of conveyancing transactions;
  • surveyors for negligent surveys (including failure to identify damp, dry rot, and the presence of asbestos);
  • architects planning consultants.

The lenders’ claims invariably relate to real estate as well.

Professional memberships:

  • Chancery Bar Association

Qualifications & awards:

  • MA (Cantab)
  • Admitted as a Solicitor 1994