Graham Smith

Graham Smith

Barrister
Membership Status: Barrister - Full Member Called in 2009
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Graham is an experienced advocate who has a broad civil practice encompassing commercial and consumer contracts, land and property, wills and trusts, cryptoassets, family finance and personal injury. He is based in the home counties and regularly appears in courts throughout the country in all types of hearing from applications to multi-track trials. Graham is also able to help with drafting pleadings, applications, representation at mediation and negotiations. He is a formidable witness handler with an exceptional eye for detail.

Graham is a  barrister who is able to offer clear and constructive advice to help individuals and businesses to manage their legal issues in a cost-effective and expedient manner. He prides himself on having an approachable demeanour and taking a personalised approach to each case. 

As well as his work as a barrister, he has extensive experience in related areas. He was a non-executive director for NHS Bucks CCG for 8 years where he chaired a number of panels; including carrying out quasi-judicial functions whilst sitting on the Individual Funding Request Panel.

Commercial

Graham has a busy commercial and company law practice. He accepts instructions to provide advice, drafting and representation from businesses, owners, directors and lay individual clients on all aspects of commercial litigation and dispute resolution. Graham is able to assist with company, partnership and shareholder disputes, debt recovery, contractual disputes, insolvency, bankruptcy and professional negligence. He is routinely instructed to assist clients with obtaining and defending all manner of commercial injunctions before the High Court.

Land and Property Law

Graham accepts instructions in relation to a variety of property and land law disputes and has a particular expertise in commercial landlord and tenant, residential landlord and tenant, land registration, adverse possession, leasehold extension, business tenancy renewal, boundary disputes, easements, covenants, injunctions, unlawful eviction, section 8 and 21 notices and disrepair. Graham also offers experience of contractual disputes between builders, contractors and clients.

Cryptoassets

Graham is now able to take instructions in relation to asset recovery in relation to stolen non-fungible tokens (NFTs) and cryptocurrency. Graham can assist by making applications for interim injunctions for worldwide and domestic freezing orders. Graham can also offer non-contentious advice in relation to contractual and consumer law and provide regulatory advice on how to best conduct cryptoasset activity in the UK.

Family Finance

Graham is happy to be instructed in all areas of matrimonial finance, whether it is a first directions appointment, FDR or a multi-day hearing. Graham offers experience of financial settlement proceedings involving complex assets held in business and property, including those held overseas. He deals with cases featuring disputes relating to pensions and inheritance. Graham accepts instructions from parties looking to intervene in proceedings due to them having a beneficial interest in the assets involved in the case (usually property). He is very much driven to reach settlement at the earliest opportunity and has a proven track record of achieving desirable outcomes for his clients.

Wills, Trusts and Probate

Graham has developed a practice that can assist in disputes relating to breach of trust, rectification of wills, removal of executors and trustees, validity and construction of wills, proprietary estoppel and constructive trust claims.

Consumer Credit

Graham has vast experience dealing with consumer credit claims against banks and other lending institutions. He is well versed in the area of s.140A Consumer Credit Act and has a particular expertise in respect of mis-sold insurance policies, bridging loans and all other areas of consumer finance.

Personal Injury

Graham has vast experience in assisting both claimants and defendants in a wide range of personal injury claims, in relation to RTAs, occupier’s liability, employer’s liability and defective premises.

Areas of law

  • Commercial Litigation
  • Contractual Disputes, including breach of contract, bankruptcy and debt recovery
  • Land & Property Law, including Landlord & Tenant disputes
  • Insolvency and Bankruptcy
  • Trust, Wills and Probate
  • Divorce & Financial Settlement
  • Personal Injury

Education

  • Bar Vocational Course, BPP Law School
  • FSA Financial Regulation (Level 3), CISI
  • Bachelor of Law, LLB, Bournemouth University

Personal Interests

When not in court, Graham enjoys spending time with his three children, travelling, reading and playing golf. Graham is also a property developer and a private landlord.

Areas of Law

Graham Smith is happy to accept instructions as counsel who is:

  • Land & Property
  • Consumer Rights Act
  • Wills & Probate
  • Personal Injury
  • Land & Property
  • Business & Commercial Law
  • Family Law
  • Road Traffic
  • Consumer Rights Act
  • Clinical Negligence
  • Inquests
  • Professional Negligence
  • Public & Administrative Law
  • Commercial Arbitration & ADR inc Adjudication
  • Inheritance Act Claims
  • International Law
  • Personal Injury
  • Business & Commercial Law
  • Admiralty Law
  • Technology & Construction inc Adjudication

Outside of these key areas of law, Graham Smith is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Graham direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=514

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: [email protected]
Web: www.legalombudsman.org.uk

Privacy Notice

ICO Reference A1058351

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Graham Smith, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: [email protected], or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

Testimonials

Testimonials

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