Adam Smith-Roberts

Areas of expertise

• Property

  Property

  Adam has experience of all forms of property work, including housing, commercial landlord and tenant, real property, mortgages, trusts of land and leasehold disputes. His recent experience includes:

  • Representing a FTSE 100 company at trial in relation to a commercial lease renewal where the length of term and the appropriateness of a break clause were in issue (led by John de Waal KC).
  • Defeating an appeal against a possession order in a mortgage possession case on all grounds.
  • Advising on and drafting proceedings for possession of commercial premises following expiry of a section 25 notice under the 1954 Act.
  • Appearing in a summary judgment application in relation to a claim seeking to determine the rights over roads and the operation of restrictive covenants on a large private estate (led by John de Waal KC).
  • Advising on and drafting proceedings to regain possession of property sublet to local authorities for emergency accommodation.
  • Successfully representing a housing association at trial in a possession claim based on drug dealing at the property which was defended on Equality Act grounds.
  • Obtaining a possession order and judgement for rent arrears in excess of £75,000 on a summary judgement application in defended proceedings.
  • Advising on and drafting a defence in relation to a complex claim relating to the mooring of a houseboat on the river Thames.
  • Successfully resisting an application for determination of service charges which was withdrawn following written submissions.
  • Appearing in urgent possession proceedings issued against trespassers in the Queen’s Bench Division of the High Court.
  • Advising a property developer on a complex and unusual dispute involving competing and conflicting easements for parking and rights of way.
  • Advising on boundary disputes between neighbours of residential land in rural and urban settings.
  • Advising in conference and in writing in relation to a dispute by a leaseholder over noise nuisance from a shared roof terrace.
  • Working with senior Counsel including Faisel Sadiq in the Court of Appeal on a dispute over real property and resulting and constructive trusts.
  • Assisting senior Counsel advising a large water company in relation to statutory user rights.
• Private client

  Private client

  Adam has established a practice advising on and appearing in relation to contentious probate claims, as well as complex issues to do with non-contentious matters and the administration of estates and trusts. Adam has experience of dealing with TOLATA claims and claims under the Inheritance (Provision for Family and Dependents) Act 1975. He has been instructed to represent clients in a number of successful mediations of probate disputes and 1975 Act claims. His recent experience includes:

  • Advising a client in the Bahamas in relation to a will dispute relating to an estate with property spread across multiple offshore jurisdictions worth well in excess of £100 million.
  • Advising on and drafting trust documents to protect the assets of a party lacking mental capacity as part of the settlement of a dispute.
  • Being instructed to defend a multi-million pound claim under the 1975 Act by the wife of the deceased who subsequently lost capacity at trial (led by Brie Stevens-Hoare KC).
  • Drafting pleadings and advising on a will dispute involving multiple allegations of fraud and forgery (led by Brie Stevens-Hoare KC).
  • Drafting proceedings in a claim under the 1975 Act involving an estate worth in excess of £17 million.
  • Successfully settling a probate dispute involving lack of capacity, want of knowledge and approval, and undue influence.
  • Representing a client at a, ultimately successful, mediation in relation to a will dispute involving co-ownership of property and estate composition issues.
  • Defending proceedings seeking to disapply section 33 of the Will Act 1937.
  • Advising on proceedings relating to removal of an administrator.
  • Working on secondment with the Contentious Probate team at a leading national law firm.
  • Drafting proceedings seeking an order for sale of property co-owned by brothers.
  • Advising in relation to the costs of responding to an application made against an administrator under a limited grant.
  • Advising in relation to obtaining a grant of probate based on a will executed in a foreign jurisdiction.
  • Settling a Position statement for a successful mediation in a 1975 Act claim by a spouse.
  • Settling witness statements in a claim relating to the validity of a will on the grounds of lack of capacity.
  • Advising on the merits of a claim by the child of a deceased challenging the will on the on the basis of want of knowledge and consent.
  • Assisting in the preparation for a trial of a TOLATA claim between a father and son over the family home.
  • Advising on the proper interpretation of a gift of freehold and leasehold property in a will.
• Insolvency

  Insolvency

  Adam has a good knowledge of both personal and corporate insolvency, appearing in the County Courts and the High Court and managing a busy advisory practice.  He has a particular interest in issues involving property which arise during insolvency proceedings. His experience includes:

  • Successfully resisting an administration application in relation to a property holding company.
  • Advising a company director in relation to a claim by a liquidator for the return of funds under section 212 of the Insolvency Act 1986, involving allegations of criminal conduct.
  • Successfully having statutory demand set aside at a first hearing.
  • Representing the joint liquidators in the High Court in relation to an appeal against rejection of a proof of debt in a two-day trial in the Chancery Division.
  • Appearing regularly in the Winding Up Court on behalf of creditors and companies.
  • Advising on the changes to insolvency procedures introduced by the UK departure from the European Union.
  • Drafting applications under the Insolvency Act 1986.
  • Representing trustees in bankruptcy in relation to an application to annul a bankruptcy order.
• Commercial dispute resolution

  Commercial dispute resolution

  Adam has significant experience of large commercial disputes both in the courts and in international arbitrations seated in England and other jurisdictions. His recent experience includes:

  • Working as part of the secondary counsel team on the highest-value commercial litigation in the courts of England and Wales in Municipio De Mariana and others -v- (1) BHP Group (UK) and (2) Vale S.A.
  • Acting in multiple arbitrations for large importers in Brazil in relation to disputes over the supply of goods affected by international sanctions following the Russian invasion of Ukraine.
  • Representing a boutique company in the travel and sports sector in relation to a £5 million dispute flowing from the Rugby World Cup in France in 2023.
  • Advising a national organisation on a novel costs point in the Competition Appeals Tribunal.
  • Drafting a detailed letter of claim in relation to proposed proceedings to rectify a company’s register of members.
  • Advising in relation to a shareholder dispute including a potential claim for unfair prejudice.
  • Assisting PJ Kirby KC in a successful application to strike out a claim involving more than 20 separate causes of action.
  • Drafting a Defence to proceedings on the basis of lack of apparent authority.
  • Successfully resisting an application to set aside a default judgment entered in a commercial contractual dispute relating to the provision of shared office space.
  • Representing major financial institutions in relation to consumer credit claims.
  • Drafting a Defence to a claim for unpaid invoices on the basis of later delivery of goods.
  • Attending CCMCs in high-value disputes in the High Court and Business and Property List of Central London County Court.
  • Advising in conference in relation to frustration of a commercial services agreement as a result of the Coronavirus pandemic.
  • Drafting pleadings in two limbs of a dispute involving carriage of goods and the rights of bailment.
  • Appearing in two applications for relief from sanctions and an unless order in a large dispute involving a joint venture worth in excess of £120,000.
• Professional liability

  Professional liability

  Adam has an interest in professional liability, particularly where it overlaps with his other areas of practice. His experience includes:

  • Advising on a complex professional negligence claim involving the valuation of property subject to coastal erosion.
  • Drafting advice and pleadings in relation to claims against solicitors for professional negligence.
  • Assisting senior Counsel with research into complex points relating to causation in professional negligence claims.
  • Working with senior counsel to advise in relation to claims against property professionals including surveyors, architects and engineers.
  • Drafting a skeleton argument in a strike out/summary judgement application on behalf of solicitor’s firm facing a professional negligence claim.
• International

  International

  Adam has worked on cross-border disputes involving multiple jurisdictions and conflict of law issues. He has particular expertise relating to the Middle East and North America.  His experience includes:

  • Working as part of the secondary counsel team on the highest-value commercial litigation in the courts of England and Wales in Municipio De Mariana and others -v- (1) BHP Group (UK) and (2) Vale S.A.
  • Acting in multiple arbitrations for large importers in Brazil in relation to disputes over the supply of goods affected by international sanctions following the Russian invasion of Ukraine.
  • Representing a boutique company in the travel and sports sector in relation to a £5 million dispute flowing from the Rugby World Cup in France in 2023.
  • Assisting the legal team on and international arbitration relating to a dispute governed by the law of the Dubai International Finance Centre.
  • Researching Californian law on gross misconduct and termination of employment contracts.
  • Advising in relation to the validity of wills executed in foreign jurisdictions.