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Matthew Winn-Smith

  • Commercial  

    Commercial

    Matthew has a general commercial practice dealing with all contractually based claims, guarantees, supply of goods and services, finance and credit transactions, company and partnership disputes, employment and insolvency.

    Related cases of interest

    SQR Security Solutions Ltd v Badu (2016) UKEAT/0329/15/DA – Successful appeal requiring a reconsideration of damages following new evidence provided by the employer potentially casting doubt on the employee’s mitigation of loss.

    Hills v Niksun [2016] EWCA Civ 115 (CA) – An appeal examining the determination of an employee’s commission payable pursuant to his contract in circumstances where the trial judge substituted the employer’s exercise of discretion for his own assessment.

    Birdi v Specsavers Optical Group Ltd & others [2015] EWHC 2870 (Ch) — 4 week trial of issues within s.994 petition.

    Barclays Bank v Mukhtar-Zahid (2012) — Professional negligence claims against various valuers, surveyors and solicitors for about £14m plus a £2m claim pursuant to a personal guarantee.

    Barons Bridging Finance Plc v Nnadiekwe [2012] EWHC 4078 (QB) — Set aside on basis of procedural irregularity.

    Birdi v Dartford Visionplus Ltd (2012) UKEAT/0289/12/JOJ — Successful appeal against a refusal to adjourn on grounds of ill-health.

    Bluestone ARM Ltd v Eastham [2012] EWHC 2750 (Ch) — Partnership dispute / appeal out of time.

    Trad Hire & Sales Ltd v Holbrook Investments Ltd [2010] EWHC 90 (Ch) — Interim injunction.

    CIDA v LB of Barnet (2009) — Breach of arbitration clause.

    Macleish Littlestone Cowan v Hajibassi [2006] EWHC 1587 (Ch) — Freezing injunction.

    Re J S Gill [2004] EWHC 883 (Ch); [2005] BPIR 129 — Anulling bankruptcy.

    News & Resources

    Hills v Niksun [2016] EWCA Civ 115

    On 1 March 2016 the Court of Appeal gave judgment in Hills v Niksun [2016] EWCA Civ 115. Mr Hills, the Respondent represented by Matthew Winn-Smith, was successful in resisting the appeal.

    4th April 2016 Read more

    The “proper purpose” rule

    On 2 December 2015, the Supreme Court gave judgment in Eclairs Group Ltd v JKX Oil & Gas plc and Glengary Overseas Ltd v JKX Oil & Gas plc [2015] UKSC 71.

    11th February 2016 Read more

    Civil Procedure: Less Leniency for Litigants in Person

    Litigants in person are frequently afforded leniency in litigation. In the context of applications pursuant to CPR 39.3 and 13.3 there is a growing body of case law. One of the newest additions to this corpus is Tinkler v. Elliott [2012] EWCA Civ 1289.

    1st November 2012 Read more

     

  • Property  

    Property

    Matthew is instructed in a wide range of property disputes including landlord & tenant (residential and commercial), disrepair and dilapidations, mortgages, co-ownership disputes, public sector housing and nuisance.

    Related cases of interest

    Rubin v Purim — Multi-jurisdictional (Israel and England) family property dispute involving beneficial interests in several properties.

    Guthrie v Nicholson — Dispute re alleged misrepresentations as to flooding.

    Ali & Islam v Tyley — Forfeiture / insurance dispute.

    Kelleher v Enterprise Inns — Tree root subsidence / nuisance dispute.

    L’aimable v Peri-Bay Restaurants Ltd — Disrepair claim with interesting factual and causation complexity.

    Kainth v Mal — Building dispute.

Profile

Matthew has a broad general commercial and common law practice covering many areas in which chambers specialises. He enjoys the advisory side of his practice but particularly relishes court room advocacy. Matthew prides himself on his practical and user friendly approach. He accepts instructions on a Direct Access basis.

Further information

Memberships

  • Commercial Bar Association
  • Property Bar Association

Interests

Triathlon, extreme endurance challenges (preferably not work related) and good food.

News & Resources

Hills v Niksun [2016] EWCA Civ 115

On 1 March 2016 the Court of Appeal gave judgment in Hills v Niksun [2016] EWCA Civ 115. Mr Hills, the Respondent represented by Matthew Winn-Smith, was successful in resisting the appeal.

4th April 2016 Read more

The “proper purpose” rule

On 2 December 2015, the Supreme Court gave judgment in Eclairs Group Ltd v JKX Oil & Gas plc and Glengary Overseas Ltd v JKX Oil & Gas plc [2015] UKSC 71.

11th February 2016 Read more

Civil Procedure: Less Leniency for Litigants in Person

Litigants in person are frequently afforded leniency in litigation. In the context of applications pursuant to CPR 39.3 and 13.3 there is a growing body of case law. One of the newest additions to this corpus is Tinkler v. Elliott [2012] EWCA Civ 1289.

1st November 2012 Read more
Matthew Winn-Smith


View all Areas of expertise

Year of Call 2003

Email

mws@lambchambers.co.uk

Contact clerk

Paul O'Mullane

020 7797 8302

VAT Reg No

835382222

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