Julia Smith > Chambers of Charles Gibson KC > London, England > Barrister Profile
Henderson Chambers Offices
Henderson Chambers
2 HARCOURT BUILDINGS, TEMPLE
LONDON
EC4Y 9DB
England
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Julia Smith
Position
Specialist practice areas: banking and finance and consumer law, including consumer credit, mortgages, sale and supply of goods, unfair contract terms and unfair commercial practices. Cases include: Office of Fair Trading v Ashbourne Management Services Limited [EWHC] 1237 (Ch), [2011] All E R (D) 276 (May) – unfair terms and unfair commercial practices in relation to gym membership agreements. Sternlight v Barclays Bank plc [2010] EWHC 1865 (QB) – test cases on whether mismatch in credit card agreement between stated APR and stated interest rate renders interest rate inaccurate and agreement unenforceable under the CCA; Adris v The Royal Bank of Scotland plc [2010] EWHC 941 (QB), [2010] 4 Costs LR 598 – non-party costs orders against claimants’ solicitors and a claims management company; Carey v HSBC Bank plc, [2009] EWHC 3417 (QB), [2010] BusLR 1142 – test cases on the true copy requirements, unfair relationships and the burden of proving improper execution under the CCA; McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm), [2010] 1 All E R 634 – test case on whether banks may report unenforceable debts to credit reference agencies; Abbey National Bank Plc v Stringer [2006] EWCA Civ 338, CA – whether express agreement for property to be held on trust for the sole benefit of one of two registered proprietors could be inferred; Office of Fair Trading v Lloyds TSB and others [2004] EWHC 2600 (Comm); [2005] 1 All E R 843 – whether arrangements between card issuers, card networks, merchant acquirers and suppliers are ‘arrangements’ for the purposes of section 12(b) of the CCA; Thew v Cole [2003] EWCA Civ 1828, [2004] RTR 25, CA – whether credit hire agreement was exempt and so not a regulated credit agreement for the purposes of the CCA; Farrell v Sandwell MBC, [2001] EWCA Civ 1107, [2002] RVR 11 – level of compensation payable for the compulsory purchase of property; Royal Bank of Scotland plc v Etridge (No2) [2001] UKHL 44, [2002] 2 AC 773 – undue influence and extent of a solicitor’s duty when advising a third party provider of security; Jarrett v Royal Bank of Scotland Plc [1999] QB 1, CA – jurisdiction of UK courts to hear a claim under section 75 of the CCA where credit was provided to finance a timeshare in foreign property; First National Bank plc v Syed [1991] 2 All ER 250, CA – discretion to make a time-order under section 129 of the CCA.
Career
Called 1988. Publications of note: Julia is co-author of ‘The Consumer Credit Act 2006: A Guide to The New Law’ (Law Society Publishing, 2006) and of ‘The Law of Consumer Credit and Hire’ (Oxford University Press, 2009). She is also a contributor to ‘Atkins Court Forms on Consumer Credit’.
Memberships
London Common Law and Commercial Bar Association.
Lawyer Rankings
London Bar > Consumer
(Leading Juniors)Ranked: Tier 2Julia Smith –Henderson Chambers ‘Julia is very efficient and responsive on time-sensitive instructions. Her technical expertise is clear from her advice, and she has a very logical approach.’
London Bar > Financial services regulation
(Leading Juniors)Ranked: Tier 2Julia Smith –Henderson Chambers ‘Julia is very efficient and responsive on often quite time-sensitive instructions. Her technical expertise is clear from her advice, and she has a very logical approach.’
Henderson Chambers is ‘excellent for financial services litigation and regulatory work’, with members being increasingly called upon to advise on matters governed by the FSMA and FCA regulatory regime related to consumer credit legislation and unfair business-to-consumer practices. In Intrum Finance v Baldwin, Toby Riley-Smith KC was instructed by the financier to appear in its appeal concerning if a debt-purchase company requires authorisation from the FCA to engage a third-party debt-recovery agent. Thomas Samuels is advising Google on the financial services aspects of a dispute regarding the right of insolvency practitioners to place search advertisements. Julia Smith continues to advise banks and other businesses on issues arising from the FSMA and FCA notification requirements.
London Bar > Banking and finance (including consumer credit)
(Leading Juniors)Ranked: Tier 1Julia Smith –Henderson Chambers ‘Julia is very efficient and responsive on often quite time-sensitive instructions. Her technical expertise is clear from her advice, and she has a very logical approach.’
Henderson Chambers is described by one client as ‘one of – if not the – leading set of consumer finance‘ and is focused on advising on consumer credit and consumer protection, with members acting predominantly for banks. Some of the set’s highlights include advising and acting for the UK’s five largest retail banks on a range of matters, including financing of FSMA regulated mortgage contract businesses. Toby Riley-Smith KC has experience in litigation involving consumer credit and hire agreements, alongside William Hibbert being a leading junior in consumer credit and consumer-facing financial services, including regulated credit and secured borrowing. Julia Smith is a specialist in banking and financial services, regularly receiving instructions advising banks and other businesses as to issues arising under the Financial Services and Markets Act 2000.