Matthew Smith

Year of call:

1996

Education:

Whitby School

Durham University

Cambridge University

ICSL

Memberships:

Member of PIBA and PBA

Awards:

Matthew Smith undertakes a variety of leasehold work including:

  • Housing disrepair
  • Dilapidations
  • 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.

Matthew specialises in Casualty & Property Fraud and is ranked in Chambers and Partners (2024) for Motor Insurance Fraud.

“He is a tenacious and able barrister.” – Chambers and Partners (2024)

In Casualty Fraud, Matthew heads the team in which he exclusively defends and has been at the forefront in the development of this ever-expanding area of law. This includes the following:

  • Forster v RSA (2022): a successful and reported appeal case concerning the DPA 2018, call recordings and misrepresentation.
  • Pervaiz et al (2021): a multi-handed fraud ring in which Matthew obtained a finding of fraud against the ringleader of the conspiracies.
  • Pegg v Webb (2020): Matthew successfully appealed a first instance decision to the High Court on the issue of fundamental dishonesty and costs setting an important and functional precedent; which now also features in the White Book 2022.
  • R v Ashraf (2019): this was the first Private Prosecution of a Public Liability fraud following the successful civil Trial Matthew defended in.
  • Howlett v Ageas (2018): the Court of Appeal scrutinised with approval one of Matthew’s Defences providing important guidance for future such defences.
  • Marwaha v Thaper (2018): a High Court committal of a claimant and his putative independent witness who were both sentenced to immediate custodial sentences thereby creating a major precedent and deterrent for other such cases.
  • Draper v NCC (2017): a successful and reported appeal regarding surveillance evidence that ultimately led to the claimant discontinuing her claim.

Matthew is also known for his effective and thorough cross-examination skills and has been consistently recommended in Legal 500 and Chambers & Partners, including Tier 1.

In large loss cases Matthew’s focus is in cases involving allegations of fundamental dishonesty and/or disputes on liability.

The Property Fraud side of Matthew’s practice focuses on 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.

Matthew’s practice is based upon Trials & Appeals. He is also happy to be instructed for CCMCs, interim injunctions and other contentious and substantive applications.

Matthew focuses on a client led service and is keen to expedite paperwork for pleadings, skeleton arguments and applications as and when required.

Matthew is a member of PIBA & PBA and regularly provides training in these areas.

If you would like to book Matthew for Court or paperwork, please see below.

Publications

Law in Popular Belief: Myth and Reality (2017, MUP)

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
  • Dilapidations
  • 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.

Matthew mainly represents defendant insurers in cases involving RTA, EL, PL & OL.  He has a reputation for thorough and effective cross-examination as well as a nuanced understanding and skill with statute and regulation.

Matthew’s involvement in large loss cases tends to involve allegations of FD or complex issues of causation.

In credit hire, Matthew tends to be involved in cases concerning misrepresentation and non-party disclosure.  A recently reported case of his (Forster v RSA) provides helpful guidance concerning DPA issues in a misrepresentation case.

Matthew has been ranked as a Tier 1 advocate and provides advice and representation at all stages of a case.

Matthew has over 20 years’ experience in family finance, property and inheritance. This ranges from advice and representation under the 1973 & 1975 Acts to trust disputes between co-habitees.

A particular feature of Matthew’s practice is his background and skill in civil litigation with an ability to thoroughly and effectively cross-examine witnesses.

Matthew has represented husbands and wives in high net worth financial remedies hearings from FA/FDR to Final Hearing as well as families in large Estate claims.

Property cases include straightforward TOLATA claims to complex leasehold, trust and estoppel cases.

Notable cases include:

  • W v H: a £mutli divorce with a foreign and trust element in which Matthew secured a very favourable judgment for the husband at the Final Hearing.
  • B v L: a large High Court estate claim under the 1975 Act concerning eligibility, proprietary estoppel and provision.
  • Lillian: an international property dispute concerning fitness to occupy, misrepresentation and waiver.
  • X v X: a case in which intervenors were joined and then discontinued.
  • Y v Y: an international big money case concerning hidden assets; disclosure and contempt.

Contact Matthew's Clerks

Claudine Cooper on 0113 202 8604

Paul Foster  on 0113 213 5209

Arnela Siranovic on 0113 213 5212

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