Region Area

Barristers

Stephen Moverley Smith KC

Stephen Moverley Smith KC

Position

Stephen specialises in litigation and arbitration in the fields of commercial, company, trusts and business law.

With a background of high profile work for the DTI and Inland Revenue as junior counsel to the Crown (Chancery) prior to taking silk in 2002, Stephen has developed an extensive practice in the fields of hostile corporate and trust litigation, insolvency, civil fraud and joint venture disputes (in both a corporate and partnership context), often for private clients.

Stephen has practiced in the regulatory field for many years and was appointed a Joint Inspector by the DTI (now BERR) to investigate allegations of market abuse. His on-going regulatory work includes cases is in the area of collective Investment schemes and land banking.

Stephen has an extensive off-shore practice, particularly in the British Virgin Islands (since 1995) and Cayman Islands. He is regularly involved in multi-jurisdictional disputes, advising on global strategy, interim remedies, conflicts of law and asset recovery and appearing before courts and arbitral tribunals in a wide variety of jurisdictions.

Recent notable cases include acting for the successful claimants in Papadimitriou v Credit Agricole, a seminal decision of the Privy Council establishing a new test for constructive notice of beneficial interests; Re: China Shanshui, acting for the majority shareholders in successfully challenging the ability of directors to institute winding up proceedings without shareholder approval; Re Fairfield Sentry,  acting for members seeking to establish distribution entitlements in the liquidation of Madoff’s largest investor; TMSF v Merrill Lynch, a ground breaking decision of the Privy Council that a judgment creditor, for whom Stephen acted, could obtain the appointment of receivers over a power of revocation of a Cayman trust and for the Moscow patriachate in a dispute as to the ownership of the Russian Orthodox Cathedral in London.

Career

Called 1985, Middle Temple; junior counsel to the Crown, Chancery; called to the Bar of the Eastern Caribbean; Queens Counsel 2002.

Memberships

Bar of the Eastern Caribbean Supreme Court Bar of Saint Vincent and the Grenadines Chancery Bar Association COMBAR European Circuit Insolvency Lawyers Association

Education

Pembroke College Oxford (MA) Editorial Board, Tolley’s Offshore Service

Mentions

London Bar

Banking and finance (including consumer credit)

Leading silk3
Stephen Moverley Smith KC – XXIV Old Buildings ‘Stephen is an excellent commercial barrister. His advocacy is top-notch in complicated cases. He is also great at reading the court and figuring out which strategy will work.’
London Bar

Commercial litigation

Leading silk4
Stephen Moverley Smith KC –XXIV Old Buildings 'A pleasure to work with and highly recommended.'
London Bar

Company

Leading silk2
Stephen Moverley Smith KC – XXIV Old Buildings ‘Stephen displays an uncanny ability to make just the right points at just the right moment.’
London Bar

Fraud: civil

Leading silk2
Stephen Moverley Smith KC –XXIV Old Buildings 'Stephen is a go-to silk for all manner of offshore disputes.'
London Bar

Insolvency

Leading silk3
Stephen Moverley Smith KC – XXIV Old Buildings
The English Bar Offshore

The English Bar Offshore

Leading silk1
Stephen Moverley Smith KC –XXIV Old Buildings 'A real flair for advocacy. Energetic, engaged and enthusiastic.'