020 7797 8300
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.
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.
Ng Man-Sun (“Mr Ng”) and Chen Mei Huan (“Madam Chen”), who were living together, were the directors of Peckson, a BVI company. The appeal concerned the ownership shares in Peckson (“the Shares”).
25th September 2017 Read moreOn 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 moreOn 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 moreChen Wei v Cambridge Power and Light Ltd (unreported). In the latest credit hire judgment, HHJ Moloney held that the credit hire agreement in this case was unenforceable under the Regulations.
1st June 2013 Read moreLitigants 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 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.
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.
Matthew regularly appears in the Insolvency and Companies List of the Business and Property Courts. He has been dealing with insolvency cases since his call in 2003, his first reported case being Re J S Gill [2004] EWHC 883 (Ch); [2005] BPIR 129 which dealt with annulling a bankruptcy where creditors were no longer traceable. Matthew receives instructions from insolvency practitioners, companies and individuals. He is happy to receive instructions on a Direct Access basis in appropriate cases.
Matthew is very happy to deliver seminars and training to solicitors on a variety of insolvency and commercial topics.
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.
2003: Called to the Bar (Lincoln’s Inn)
2002: Inns of Court School of Law, Bar Vocational Course
2001: University of Oxford (Regent’s Park College); MA (Jurisprudence)
Chancery Bar Association
COMBAR
Property Bar Association
Triathlon, extreme endurance challenges (preferably not work related) and good food.
Ng Man-Sun (“Mr Ng”) and Chen Mei Huan (“Madam Chen”), who were living together, were the directors of Peckson, a BVI company. The appeal concerned the ownership shares in Peckson (“the Shares”).
25th September 2017 Read moreA number of our barristers took part in this year's race
18th July 2016 Read moreOn 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 moreExploring the scope of “fundamental dishonesty” for the purposes of CPR 44.16. This case (currently unreported) appears to be the only known appellate decision dealing with this issue.
16th March 2016 Read moreOn 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 moreThe Supreme Court recently considered whether the system for the recovery of costs in civil litigation under the Access to Justice Act 1999 (“AJA”) is compatible with the European Convention on Human Rights (“the Convention”).
1st August 2015 Read moreChen Wei v Cambridge Power and Light Ltd (unreported). In the latest credit hire judgment, HHJ Moloney held that the credit hire agreement in this case was unenforceable under the Regulations.
1st June 2013 Read moreLitigants 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
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