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Stephen Smith Q.C.
Call: 1983
Silk: 2000
Stephen Smith was called to the Bar in 1983 and took silk in 2000. He was appointed a Recorder of the Northern Circuit in 2004; and a deputy High Court Judge (Chancery and the Commercial Court) in 2006. Stephen has also been called to the Bar of the Eastern Caribbean Supreme Court, where he has appeared on numerous occasions, at first instance (including at trial), on appeal to the Court of Appeal of the Eastern Caribbean, and on further appeals to the Privy Council; he appears mainly in the British Virgin Islands but has also appeared at hearings on St. Kitts, St. Vincent and St. Lucia. He has also been called to the Bar of the Bahamas and has appeared in the Supreme Court and Court of Appeal of the Bahamas, and on further appeal to the Privy Council. He is a licensed advocate in the Isle of Man. He has also carried out advisory work pre-trial for cases in the Cayman Islands, Bermuda and Hong Kong. Stephen specialises in complex and heavy commercial litigation, usually with a chancery or jurisdictional element (especially issues arising under the Brussels/Lugano Conventions and the Judgments Regulation) and which often involves the tracing of stolen funds and restraints on disposals of assets. In addition, his practice covers professional negligence, civil fraud, insurance, property disputes, company, insolvency and money laundering issues and also animal health and judicial review. Notable cases in which he has been involved include Derby v Weldon and several aspects of the BCCI and Maxwell litigation. He has conducted numerous witness examinations, including several in the USA and New Zealand. He was heavily involved in litigation arising out of the foot and mouth epidemic in the UK in 2001, including the cases of MAFF v Upton, R (Persey) v Secretary of State (refusal to hold public inquiry), R (NFU) v Secretary of State (LWDS payments) and R (Feakins) v Secretary of State (disposal options for pyre ash). Since 2002 Stephen has acted as leading counsel to the (provisional and full) liquidators of RBG Resources Plc, see Shierson v Rastogi (examinations under s. 236 of Insolvency Act 1986), and RBG Resources Plc v Rastogi (2004: summary judgment for in excess of $300m for fraudulent breach of fiduciary duty by directors 2005: determination of terms as to costs upon discontinuance of action); and for the trustee in bankruptcy of Viren Rastogi (Shierson) v Rastogi (suspension of discharge from bankruptcy). Stephen was retained by the Alfa Group (Russia) as its leading counsel in the British Virgin Islands (and Bermuda) in proceedings concerning Alfa's interest in a major Russian mobile telecommunications company (MegaFon) from 2003-2007 (IPOC v LVFG); and since 2007 in connection with the Alfa Group’s disputes concerning the ownership of a significant stake in a mobile telecommunications company in Turkey, Turkcell, see R (on the application of Cukurova Finance International Limited) v HM Treasury (England) and Cukurova Finance International Limited v Alfa Telecom Turkey Limited (BVI). He is also acting for Alfa Group companies in the Isle of Man in disputes concerning the ownership of a substantial stake in the mobile telecommunications industry in the Kyrgyz Republic, see Bitel LLC v Kyrgyz Mobil Tel Limited. Other notable recent cases in which Stephen has appeared include Severn Trent Water v Holleran (acted for Severn Trent in a dispute concerning the domestic and EU contracts procurement legislation and a related fraud trial); Dian v Davis Fraenkel & Mead (acted for Alfa Eco in its attempts to obtain material from the Court file of a case in England for use in proceedings abroad); Fortis Fund Services (Bahamas) v Seward & Kissel (a claim of professional negligence in the Bahamas arising out of the collapse of the Oracle investment fund). Stephen has appeared in the Privy Council on 6 occasions (twice in 2009). In June 2008 Stephen was involved in the first Court Appointed Arbitration in the British Virgin Islands (Lord Millett as Arbitrator). When not in chambers or sitting as a judge, Stephen's interests are his family and the deer and alpacas he and his family breed at home.  Areas of practice
Commercial Chancery
Company and Insolvency Property Trusts and Estates Public Law Offshore work & other areas Directories and Acknowledgments Leader at the Bar - Chancery: Commercial - Chambers UK 2011 Leader at the Bar - Commercial Dispute Resolution - Chambers UK 2011 Leader at the Bar - Fraud: Civil - Chambers UK 2011 Leader at the Bar - Restructuring/Insolvency - Chambers UK 2011 "absolutely stellar advocate" "particularly recognised for his ability in chancery commercial cases with an international dimension to them" "Stephen almost has a conversation with the court; he doesn't lecture but when there are points which need making, he makes them." "has unparalleled experience of dealing with cases involving the British Virgin Islands" "extremely approachable, down to earth and a great team player" "Smith has unswervingly proven his worth on the international stage in multimillion and billion-pound cases" "He is a leader of choice for complex cases" "a real fighter in court" "he has a talent for making the hideously complicated appear obvious" "extremely intelligent advocate" "never makes bad points" Leading Silk - Chancery: Commercial - Chambers UK 2010 Leading Silk - Commercial Dispute Resolution - Chambers UK 2010 Leading Silk - Fraud: Civil - Chambers UK 2010 Leading Silk - Restructuring/Insolvency - Chambers UK 2010 Leader at the Bar - Dispute Resolution: Commercial Chancery (London) - Chambers Global 2010 "few here exceed Stephen Smith QC" "work is of the highest quality" "he is very pleasant to work with" "really exceptional" "relaxed advocacy style, but is hands-on, judges respect him" "technically extremely able and approachable" Leading Silk - Commercial Litigation - Legal 500, 2009 Edition Leading Silk - Company - Legal 500, 2009 Edition Leading Silk - Fraud: Civil - Legal 500, 2009 Edition Leading Silk - Insolvency - Legal 500, 2009 Edition "ferociously tenacious litigator who has a good rapport with the judges" "innovative, tactical and a strong team player" "tactical and pragmatic team player with a good sense of humour" "easy to work with" "Widely touted as 'a pre-eminent fraud specialist,' Stephen Smith QC is lauded for being 'incisive, easy to use and able to establish a great rapport with the judges.'" "Excels in cross-border and offshore civil fraud cases where his 'mastery of jurisdictional issues' is often called into play." Leading Silk - Chancery: Commercial - Chambers UK 2009 Leading Silk - Commercial Dispute Resolution - Chambers UK 2009 Leading Silk - Fraud: Civil - Chambers UK 2009 Leading Silk - Dispute Resolution: Commercial Chancery (London) - Chambers Global 2009 "easy-going, creative and experienced" "the ear of the court, with a relaxed, listener-friendly style" Leading Silk - Commercial Litigation - Legal 500, 2008 Edition Leading Silk - Company - Legal 500, 2008 Edition Leading Silk - Fraud: Civil - Legal 500, 2008 Edition Leading Silk - Insolvency - Legal 500, 2008 Edition Leading Silk - Dispute Resolution: Commercial (London) - Chambers Global 2008 Leading Silk - Dispute Resolution: Commercial Chancery (London) - Chambers Global 2008 "A brilliant advocate and lawyer and a fantastic team player." "Reassures clients with his "unflappable demeanour" and, in particular, his expertise in offshore disputes." "deemed invaluable in breach of fiduciary duty and trusts-related claims originating in locales such as the British Virgin Islands." "undeniably bright" "a valuable asset in an area such as this" "A long-time veteran in the field, his "vast" knowledge and experience makes him a "great architect of cases."" Leading Silk - Chancery: Commercial - Chambers UK 2008 Leading Silk - Fraud: Civil - Chambers UK 2008 "formidable operator: gives robust advice and follows it through". Leading Silk - Fraud: Civil - Legal 500, 2007 Edition "a brain on a stick with all of the character attributes to be an outstanding chancery silk." Clients deemed him "infinitely adaptable and marvellous at paperwork." "Down-to-earth and user-friendly in both domestic and international trust matters." "without a doubt an out-and-out fraud specialist." "Prized by clients for his user-friendliness, his "intelligent brain" and "excellent instincts" make him a popular choice for those looking for an experienced silk in the field." Leading Silk - Chancery: Commercial - Chambers UK 2007 Leading Silk - Commercial Litigation - Chambers UK 2007 Leading Silk - Fraud: Civil - Chambers UK 2007 |
About this barrister
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