Toggle menu
 

Matthew Smith

Year of call:
1996
Education:
Durham University, BA Economics/Law (2:1)
Cambridge University, M.Phil
Appointments:
Circuit representative for the International Rule of Law Working Group
Memberships:
Member of PIBA and PBA

‘A fantastic barrister.’ – Legal 500 (2019)

‘He gains the interest and respect of judges for his efficient and well-directed cross-examination.’ – The Legal 500

Matthew has extensive experience and skill in commercial and chancery work, ranging from partnership and property disputes to indemnity.

Matthew specialises in Property Disputes & Civil Fraud.

Property Disputes

Matthew heads the Property Team at PSQB with a particular interest in property related fraud. Matthew has substantial experience in Property disputes ranging from trust issues to rights of way and tracing. This includes boundary disputes, rights of way, riparian rights, adverse possession, restrictive covenants and trusts as well as commercial landlord and tenant (including the Pub Code Regulations 2016).

Matthew also co-founded the Fraud Team at PSQB and utilises his knowledge and skill in many of his Property cases. Appeal Court work is a particular specialism of his in both fields.

Matthew is recommended in Legal 500 and Chambers & Partners.

He regularly appears on matters before the AHMLR and related matters in the High Court.

Matthew is a member of PBA and regularly lectures on matters surrounding property disputes.

Matthew also undertakes a lot of interim relief work including breach of trust in an employment context, freezing injunctions and delivery up.

Indemnity

Matthew undertakes insurance indemnity work which includes first party fraud, policy avoidance together with common law and contractual recovery.

International experience

He developed his practice with a sabbatical in New Zealand, working for one of the top-3 commercial firms, where he played an intricate part in a successful internet case involving contingent contracts, copyright and remoteness of damage.

Matthew is a member of the British-Russian Law Association and has a working knowledge of Russian. He takes an active interest in CIS litigation involving issues of cross-border fraud, litigation and arbitration disputes. He has been invited to Moscow as a keynote speaker and has written seminars and mock trials for the Bar Council as part of the Russian Exchange Programme and the Brazilian Exchange Programme.

Matthew speaks some Russian, Italian, French & German and is currently available for international gaming/licensing work.

Notable cases

  • Arshad v Direct Line: first party fraud indemnity case.
  • Pronet v NZ: A NZ$3m internet contract case heard in the High Court of New Zealand, Auckland.
  • Bateman v Morris & a TIB: a High Court case involving trust issues and a bankrupt.
  • Gill v Moss: A boundary dispute involving an informal boundary agreement.
  • Environment Agency v Kirkwood: A licensing and contractual matter involving flood defences in Hull.
  • W A Smith Ltd v Leeds Parcel Company Ltd: A case in the Court of Appeal involving tenancies at will, protected tenancies and equitable tenancies.
  • North Sea Ventilation Ltd v Consafe Engineering Ltd: A TCC case that went to the Court of Appeal on matters concerning waiver and estoppel.
  • Taylor v Knight: A boundary dispute heard by the Property Chamber concerning rectification under The LRA 2002.
  • AKA v Mazza: a commercial dilaps case involving oral variations and estoppel.
  • Clinton v Heslop: a boundary dispute concerning construction, section 62, Wheeldon v Burows, prescription and proprietary estoppel.
  • Audsley v BOS: a loss of profit case involving forensic accounting, loss of opportunity and mitigation of loss.
  • Alton Rowing Club: riparian rights and club constitutions.
  • McCelland v Elvin: a claim for adverse possession over several decades with issues of fraud, company law and estoppel.
  • K9: Interim injunction in a restraint of trade case.
  • Brewis: A multi £million land dispute in the high court spanning several decades involving contract, trust and estoppel issues.

Public Access

Matthew Smith may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Contact Matthew’s clerks

Francine Kirk on 0113 202 8605

Talia Webster on 0113 213 5207

Patrick Urbina on 0113 213 5250

Ranked in Tier 1 for Personal Injury and clinical negligence – The Legal 500 (2019)

‘A fantastic barrister.’ – Legal 500 (2019)

“Very experienced. His technical knowledge and competence shine through every time.” “An excellent trial advocate, who is very well prepared and experienced in this type of work. He gets the ear of the judge and his advocacy skills really are top rate.” – Chambers and Partners (2019)

“Vastly experienced in fraudulent claims, and a tenacious and robust advocate.” – The Legal 500 (2016)

Matthew has extensive experience and skill in civil fraud work ranging from disease, casualty and EL/PL fraud to property and first-party fraud.

Matthew co-founded the civil fraud team in Chambers and has a national reputation in this field for effective and thorough cross-examination.

‘Strong in cross-examining fraud-related cases’ – Legal 500 (2014)

Matthew has undertaken a number of high-profile cases as well as multi-handed fraud rings in the High Court and Court of Appeal.

Enforcement, including High Court Committal, Charging Orders and Bankruptcy is another area of Matthew’s practice.

In addition, Matthew also advises and  lectures on bringing Private Prosecutions from Civil Fraud cases.  PSQB is the first and only Chambers in the country to advise on such matters and to then actually draft the proceedings and then represent the Prosecution in the Crown Court.

Notable cases

  • Mitchell v Whittaker:  A leading first instance decision on QOCS and fundamental dishonesty.
  • Noble v Advantage : A successful reported appeal where findings of fact were reversed.
  • Birch v Lowe & CIS:  An insurance fraud in which a tort of deceit claim was successfully made and in which an award of exemplary damages was made.
  • Ramzan and S9:  A multi million pound fraud ring that was discontinued on appeal.
  • Putnins v Gregory:  A High Court Civil Fraud ring.
  • Ellis & Hall; A fraud ring where exemplary damages were awarded.
  • Campbell v AVIVA:  A successful appeal to the High Court on a Civil Fraud costs matter.
  • Rasoul v Issa: a successful fraud ring defence also involving issues of service on a non-existent PH.
  • Iqbal v Singh & LV: a conspiracy also involving issues concerning the law on innocent TPs.
  • Finnerty: a successful appeal on the law concerning the dismissal of claims by ‘resorting to the burden of proof’.
  • Draper v Nottingham City Council: A successful reported appeal on surveillance evidence.
  • Morrow: A fraud ring involving members of the same family.
  • Rouse: the successful defence of a high-profile defendant.
  • Kader v Covea: Proven claim struck out at Trial under section 57 CJCA 2015 for claimant supporting the bogus claim of a passenger.
  • Burton v Advantage Insurance: A multi-track fraud finding of fundamental dishonesty.
  • Ashraf v Al-Halal: PL case with a vulnerable claimant, CCTV evidence and an allegation of professional negligence against a former solicitor’s firm.
  • Thaper v Banger: A High Court committal involving a bogus witness: 3 months custody, reported.

Public Access

Matthew Smith may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Contact Matthew’s clerks

Francine Kirk on 0113 202 8605

Talia Webster on 0113 213 5207

Patrick Urbina on 0113 213 5250

Ranked in Tier 1 for Personal Injury and clinical negligence – The Legal 500 (2019)

‘A fantastic barrister.’ – Legal 500 (2019)

“He is a brilliant advocate.” – The Legal 500 (2017)

Matthew’s PI practice involves the bringing and defending of large loss PI cases.  This usually involves the drafting of Schedules and representation at JSMs.

Matthew was recently part of the team that reached settlement in a case that settled for £10m and involved the drafting of complex and thorough PPOs.  17 experts were involved in relation to serious head and spinal injuries to a minor. Another case involved issues of capacity and binding offers.

Matthew is a member of PIBA and lectures and writes articles on large loss PI issues.

He is able to bring his vast experience of exaggerated claims to the table to ensure his clients are fully advised of all the points in their case.

Matthew is regularly recommended in the Legal 500.

Contact Matthew’s clerks

Francine Kirk on 0113 202 8605

Talia Webster on 0113 213 5207

Patrick Urbina on 0113 213 5250

legal 500 leading individual The Legal 500 2017 leading individual logo Chambers and partners 2018 Legal 500 Leading individual 2019