Adam Smith-Roberts

Areas of expertise

• Property

  Property

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

  • 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 in relation to possession proceedings and the particular issues that have emerged during the Covid-19 outbreak.
  • Appearing in the County Court in possession proceedings involving defences of proprietary estoppel and mental capacity.
  • 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.
  • Advising on a possession claim involving allegations of unlawful eviction.
  • Drafting a defence to possession proceedings based on proprietary estoppel.
  • Advising on complex issues arising out of 1954 Act lease renewals.
  • Drafting submission to the First-Tier Tribunal resisting Rent Repayment Orders.
  • Working on two 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.
  • Working with senior Counsel including Faisel Sadiq in the Court of Appeal on a dispute over real property and resulting and constructive trusts.
  • Drafting particulars of claim relating to the frustration of a long lease.
  • Assisting senior Counsel advising a large water company in relation to statutory user rights.
• Private client

  Private client

  Adam is increasingly building 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 also has an interest in claims involving mental capacity. His experience includes:

  • Working on secondment with the Contentious Probate team at a leading national law firm.
  • Drafting proceedings in a claim under the 1975 Act involving an estate worth in excess of £17 million.
  • Advising on proceedings relating to removal of an administrator.
  • Drafting a response to a complex claim involving allegations of misleading information provided by an Executor.
  • 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. During his legal studies, he volunteered for a year supporting litigants in person in the Winding Up Court. His experience includes:

  • 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.
  • Attending directions hearings in the Insolvency and Companies Court.
  • 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 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. His experience includes:

  • Advising in relation to a shareholder dispute including a potential claim for unfair prejudice.
  • Drafting a detailed letter of claim in relation to proposed proceedings to rectify a company’s register of members.
  • Assisting PJ Kirby QC 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:

  • 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 solicitors 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:

  • 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.