Roger Smithers

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Called to Bar:
1990 Inner Temple

Practice Areas

Education:

London University (Chelsea College)
London University (University College)
University of Westminster
ICSL, Holborn, London

BSc.; PhD (Organic Chemistry). Dip.Law

Property

  • Contracts for the sale of land, misrepresentation, rescission, specific performance and other claims or remedies for breach of contract.
  • Extent of registered title and rectification of the Land Register, effect of pre-registration deeds and plans. Notices and Restrictions on the Register.
  • Adverse possession and boundary disputes, rights of way, and restrictive covenants. Easements and profits over land (and other property such as rivers).
  • Interests in land claimed by virtue of proprietary estoppel. Leases and mortgages, including private legal charges.
  • Advice and interpretation in respect of statutory powers granted to local (and other authorities) to licence private acts in or on public property such as rivers.
  • Residential tenancies under the Housing Act 1988 and Business Tenancies under the 1954 Landlord and Tenant Act. Actions for possession, rights and remedies of landlord and tenant under the 1954 Act. Dilapidations.
  • Advice and conduct of applications to the court (or opposition to such ) by a trustee or beneficiary for a declaration as to beneficial interests and/or an order for sale of property subject to the 1996 Trusts of Land etc. Act.

Wills, Trusts and Probate

  • Contentious probate; the validity of wills, formalities and equitable bars such as undue influence and testamentary incapacity. Non-contentious probate; advice and proceedings in the Registry. Advice as to the impact of Inheritance Tax on estate planning. Deeds of Variation.
  • Interpretation and advice as to the meaning and/or the effect of intended or existing express trust schemes for settlors, trustees, and beneficiaries. Impact in general terms of tax considerations. Constructive trusts imposed by considerations of e.g. estoppel.
  • Advice and conduct of applications under the Inheritance (Provision for Family etc). Act 1975 (or resisting the same).

Commercial

  • Advising on the effect of contracts or their particular terms and any associated remedies. Some Intellectual Property: general advice as to subsistence and infringement of rights held under copyright, design right or trade mark law.
  • Company voluntary arrangements, adjustment of prior transactions by insolvent companies or companies in liquidation. Personal insolvency: Individual Voluntary Arrangements, statutory demands, debtor and creditor petitions. Conduct of trustees and applications for annulment. Procedure under the Insolvency Rules.
  • Drafting including Deeds (and Deeds of Variation). Amending draft contractual terms, and leases with advice as to the effect of original and amended provisions.

Professional Negligence

  • Advising on claims against solicitors and surveyors who have given wrong advice; advising as to evidence and the quantum of damages.

Reported Cases

  • Environment Agency -v- John Bushnell Ltd [2001] EWCA Civ 517. Guidelines as to the factors the licensing authority ought to take into account when assessing a fair and reasonable charge for licensed accommodations in the River Thames under their statutory powers.
  • Paragon Investments Inc. -v- Sudheer Kumar Sharma [2002] LTL 22/11/2002 Appeal as to Security for Costs. Consideration of CPR Order 25.13(2)
  • Worth -v- Turner [2004] LTL 11/05/04. Right of way: extent of grant and whether Defendant’s works constituted an interference.
  • The Queen on the Application of Jones -v- Environment Agency [2005] EWHC 2270 (Admin) Judicial review of exercise by the Agency of its statutory powers to remove unlicensed works from the River Thames. Interaction between licensing powers and enforcement powers.
  • Newlands Educational Trust: Chittenden -and- Pepper & Beveridge [2006] EG 100; [2006] 27 EGLR 234; [2007] BCC, 195. Company Voluntary Arrangements; operation of insolvency rules, whether chairman has duty to estimate a minimum value of creditor’s claim for £1.175 million; whether open to him to value it at £1. Liquidated and unliquidated claims

Further Information

Published “Trust or Trussed?” Solicitors Journal; 1079 [2002].
[and more than 30 academic publications in scientific journals].

Roger accepts Direct Access instructions.

VAT Number 614635940


Guildford Chambers Stoke House, Leapale Lane, Guildford, Surrey, GU1 4LY