Adam Smith-Roberts

Areas of expertise

• Property

  Property

  Adam’s primary focus is on property work including housing, commercial landlord and tenant, real property, mortgages, trusts of land and leasehold disputes.

  He has advised in relation to possession proceedings and the particular issues that have emerged during the Covid-19 outbreak and has knowledge of boundary disputes, rights of way and other easements, service charges and other leasehold issues.

  Adam has worked on significant disputes relating to service charges in large blocks owned by both private landlords and local authorities, involving multiple parties and millions of pounds of major works.

  He was part of a team in the Court of Appeal involving a dispute over real property and trusts of land. He has worked on written submissions to both the Supreme Court and Court of Appeal as well as researching complex areas of the law in both areas. Adam has drafted particulars of claim and advice relating to frustration of long leases, easements acquired by prescription, proprietary estoppel, and statutory property rights.

  Adam has previously accepted pro bono instructions through Advocate in property matters.

• Private client

  Private client

  Adam has worked on multiple cases involving the operation and administration of trusts, particularly as they relate to real property. He has a good knowledge of issues relating to constructive and resulting trusts, offshore trust structures and claim under TOLATA.

  Adam has also worked on contentious probate claims under the Inheritance (Provision for Family and Dependents) Act 1975 and he has helped advise on applications to the Court of Protection relating to mental capacity.

  Adam has represented clients before the First-tier Tribunal in relation to appeals against the denial of disability benefits on a pro bono basis.

• Insolvency

  Insolvency

  Adam has a good knowledge of both personal and corporate insolvency.

  He volunteered for a year at the High Court, advising small businesses facing winding up petitions and assisting in preparing evidence and submissions for court. He also has a good knowledge of insolvency injunctions and personal bankruptcy cases as well as associated issues involving property, probate and trusts.

• Commercial dispute resolution

  Commercial dispute resolution

  Adam has worked on major commercial litigation in the High Court involving cross-border companies and complex structures and previously worked as a legal assistant on a major international arbitration involving claims of breach of contract, dishonesty and employment law.

  In his own right, Adam has dealt with applications for relief from sanctions and costs budgeting in large commercial disputes and drafted pleadings in  contractual claims involving implied terms and penalty clauses.

• Professional liability

  Professional liability

  Adam has drafted advice and pleadings in relation to claims against solicitors for professional negligence as well as assisting senior Counsel with research into complex points. He also has experience of claims against property professionals including surveyors, architects and engineers.

• International

  International

  Adam has worked on cross-border disputes involving multiple jurisdictions and conflict of law issues. For three months he assisted the legal team on and international arbitration relating to a dispute governed by the law  of the Dubai International Finance Centre and California.