Matthew has over 20 years’ experience in contract and property disputes. This ranges from simple contract disputes to advice and representation under the 1975 Act and trust disputes between co-habitees.
In the recently reported case of Forster v RSA (2022), Matthew successfully obtained specific disclosure under the DPA 2018 regarding a case involving fraudulent misrepresentation allegations under a consumer contract.
Matthew has a reputation for the thorough and effective cross-examine of witnesses.
Matthew Smith undertakes a variety of leasehold work including:
- Housing disrepair
- Breach of covenant
- PubCo work for both the Tied Pub Tenant and Pub owning business including MRO Notices and breach of tie injunctions.
Matthew’s practice also focuses on property fraud and dishonest property transfers; claims to and rights over land as well as the fraudulent construction, sale of property and first party fraud. Notable cases in this regard include the following:
- Wark v Sankey (2022): a successful residential property and land dispute concerning rights to services, rights of way and boundaries.
- Gibbon (2021): a commercial land dispute concerning several boundary issues; rights of way; rights to services and a dishonest claim for damages to which Matthew successfully defended.
- Lillian (2021): an international property dispute concerning fitness to occupy; misrepresentation and waiver.
- Muirhead (2020): a residential property fraud involving a Local Authority and a Developer in which Matthew successfully represented the owner occupiers.
- Butt (2020): a High Court property fraud concerning the fraudulent transfer of a large number of residential and commercial properties.
- Brewis (2018): an historic multi £million land dispute involving an Estate and centring on s.2 of the 1989 Act; variation; estoppel and allegations of dishonesty heard over several months and resulting in victory for Matthew’s client.
- Arshad (2018): a successful first party fraud indemnity claim for Direct Line.