XXIV Old Buildings
11, rue du Général-Dufour
CH - 1204, Geneva
Tel: +41 (0)22 322 2500
Fax: +41 (0)22 322 2515
XXIV Old Buildings
London WC2A 3UP, UK
Tel: +44 (0)20 7691 2424
Fax: +44 (0)870 460 2178
Stephen Moverley Smith QC
Clerks 020 7691 2424
Stephen specialises in litigation and arbitration in the fields of commercial, company, trusts and business law. Clients refer to him as "as astute as they come, excellent with clients and has a reassuring manner" (Chambers & Partners).
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.
Legal 500 2015 recommends Stephen for banking & finance, commercial litigation, company, civil fraud, insolvency and private client (trusts and probate). He is recommended as 'an exceptional advocate' who is 'innovative, creative, and can often find a way for a client'. Clients rate the fact that he is 'easy to work with and has the confidence of his clients' and 'superb - extremely personable and a pleasure to work with'. He is noted for being 'very experienced in BVI matters and an extremely user-friendly barrister' and 'for any complex insolvency matter, no-one is more able'.
Chambers & Partners 2016 also recommends him for commercial chancery, company, insolvency and fraud work as well as his offshore practice. Described as being 'extremely astute at finding good arguments, even in the weakest of cases, and very responsive to solicitors', Stephen is praised for being 'hands-on with his work' and having 'very good rapport with clients and witnesses in cross-examination'. He is said to be 'a polished advocate who gives good advice and is easy to work with'.
Chambers Global 2016 recommends him for commercial chancery dispute resolution and offshore work. He is said to be 'a leading performer in the BVI Commercial Court' who 'commands the respect of the court and is very thorough'.
Citywealth Leaders 2015 also recommends Stephen as a leading barrister for Contentious Trusts and Who's Who Legal 2016 recommends him for civil fraud for his "thorough analysis" and "creative problem-solving".
Pembroke College Oxford (MA)
Editorial Board, Tolley's Offshore Service
Bar of the Eastern Caribbean Supreme Court
Chancery Bar Association
Insolvency Lawyers Association
VAT number: 417895904
Registered name: Stephen Philip Moverley Smith