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Work 0121 643 8777
Fax 0121 643 4909
Belfast, Birmingham, Bristol, Cardiff, Derry, Dublin and 8 more

Julian Smart

Work 0121 643 8777

Work Department

Recovery/professional indemnity.


Partner, who moved from the London office to head up a recovery and professional indemnity team in Birmingham; specialises in recovering misappropriated funds on behalf of financial institutions and insurers; wide experience in freezing and tracing assets; obtaining and executing search orders. Instructed by fidelity guarantee insurers to bring subrogated recovery claims against dishonest employees; also instructed by professional indemnity insurers to defend claims against surveyors, accountants, architects and designers. Recently successful in the Court of Appeal case of Asif v Stirling Ackroyd and Others in reversing the first instance decision that a duty of care was owed to a mortgagor by a surveyor, who was instructed by the mortgagee. Also successful in the Court of Appeal case: Liverpool Freeport (Electronics) Ltd and Others v Habib Bank Ltd, in which he was instructed by the bank.


Trained Jack Danaher & Co and George Ide Philips; qualified 1997; assistant solicitor Edward Lewis 1998-2000; joined Berrymans Lace Mawer 2000; partner 2003.




Leeds Grammar School; Leicester and Strasbourg Universities (LLB with French); York College of Law.


Walking, cycling and horse riding in the Cotswolds.

West Midlands: Dispute resolution

Commercial litigation: Birmingham

Within: Commercial litigation: Birmingham

BLM ‘works hard to grasp the complexities of the situation in each individual matter’. Julian Smart, who ‘works tirelessly on clients’ cases from the beginning, staying on top of things’, continues to act for Towergate Financial in a piece of M&A litigation. Other work includes cartel follow-on damages claims and heavyweight civil fraud matters, often concerning insurance – Caroline Kane is a significant contact for this; she ‘has brilliant knowledge of ever case: she is like a walking dictionary and gets to the core points in ways she makes everyone understand’. Jagdeep Hayre handles a variety of cases for Birmingham City Council. The firm also acts for Fujitsu and European Risk Insurance Company.

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West Midlands: Insurance

Professional negligence

Within: Professional negligence

BLM is 'a strong firm in this region' with 'an established following' and 'proven expertise' in this field. Julian Smart  leads the team, and is 'pragmatic' , 'commercial' and 'has a very deep understanding of the sector'. He has extensive experience representing professional indemnity insurers in defending negligence claims against accountants, financial advisers, brokers, surveyors, architects and engineers. Lucy Tolond  has 'the understanding and range of expertise, crossing multiple different disciplines, necessary to answer the most complicated questions'. She focuses on claims against accountants, financial advisers, insolvency practitioners and insurance intermediaries.

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