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- Stephen Moverley Smith KC
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.
Areas of experience
Checked sections will be included in the PDF download.
- Arbitration
Arbitration, both domestic and international, is a major feature of Stephen’s practice. Whilst this work is, by its nature, confidential, publicised recent examples include:
- Danone -v- Wahaha : a high profile joint venture dispute concerning the operation of the largest drinks producer in China. It resulted in muliti-jurisdictional litigation with Stephen acting as lead counsel in proceedings in the British Virgin Islands and Samoa and eight SCC arbitrations in Stockholm
- Vee Networks Ltd -v- Econet Wireless International Ltd : a battle over the rights to construct and operate a mobile telephone network in Nigeria. The case involved a series of ICC arbitrations in which Stephen acted in London and Abuja and associated court proceedings in England and Nigeria.
- Banking and Financial Services
Stephen has considerable experience of fund and financial services work which forms a natural extension of his expertise in the international arena and in company, commercial litigation, fraud and insolvency work in particular. He is recommended by Legal 500/2011 and his recent cases include:
- Fairfield Sentry: Fairfield Sentry was the largest investor in Madoff. This is likely to become the leading case on the claw back of redemptions.
- Kingate: Another fund with billions invested in Madoff related companies. Stephen advised on the winding up of the fund and the appointment of a provisional liquidator.
- Tasarruf Mevduati Sigorta Fonu v Merrill lynch Bank & Trust Company (Cayman) Ltd & Ors [2011] UKPC 17 (Privy Council): The Privy Council has decided that a judgment debtor who has placed money in trust but retained a power of revocation over the trust can be forced to exercise the power for the benefit of his creditors.
- Zaria Investments Ltd v Isis Investments Ltd: Dispute with a subsidiary of the failed Kaupthing Bank about the proceeds arising from the sale of the Somerfield supermarket chain.
- GVEC IV: US$250m Taiwanese/US investment fraud involving the PEM Group involving litigation in the BVI.
- Michailidis v Caylon: Proceedings in Gibraltar for recovery of US$15m from a French bank on the grounds of knowing receipt.
- Stephen advised on the operation of the Banking Business (Jersey) Law 1991.
- Stephen acted in a financial services regulation case involving the prohibition of deposit taking in Jersey and what you needed to do to avoid benig labelled as a deposit taker.
- Stephen is advising on a number of cases involving the financial services regulations and whether certain schemes qualify as collective investment schemes.
- Civil Fraud, Asset Tracing & Recovery
Stephen has appeared in numerous cases involving all aspects of civil fraud and asset tracing both in England and overseas. He has extensive experience of the conflict of law and cross-border recognition issues that frequently arise in such cases. Recommended in this area by both Legal 500 and Chambers & Prs and described as “a proper team player, who is creative and innovative in his advice”, recent examples of his practice in this area include:
- Papadimitriou v Credit Agricole a claim in Gibraltar to recover the proceeds of stolen art deco furniture from a bank that had failed to make appropriate enquiries. Stephen acted for the claimants who were successful in the Court of Appeal and Privy Council.
- VTB v Parline VTB v Parline Claim in England for 1bn roubles by a Russian bank alleging fraudulent conduct by the controllers of one of its customers. The action was dismissed. Stephen acted for the successful defendants.
- Baturina v Chistyakov fraudulent misrepresentation claim in England for €97m in relation to a Russian joint venture to develop property in Morocco.
- Magner V Jyske Bank (Gibraltar) Ltd a claim arising out of the misappropriation of trust funds by a fraudulent firm of solicitors
- Black Swan Investments Ltd v Harvest View Ltd: A fraud claim in relation to the importation of vehicles into South Africa. Stephen acts for the defendants in relation to BVI proceedings. A seminal case on freezing injunctions and the application of the Siskina principle to non-UK jurisdictions
- Fairfield Sentry : Acting as lead counsel to the liquidators of Fairfield Sentry, the largest investor in the Madoff Ponzi scheme fraud, seeking to recover a multi-billion dollar loss
- eChinaCash Inc v Light Year Partners LLP: A claim to recover the shares of a BVI company misappropriated by one of its directors
- GVEC IV: Acting for the claimant in relation to a US$250m Taiwanese/US investment Fraud involving the PEM Group in litigation in the BVI, acting for Standard Chartered Bank.
- Danone v Wahaha Group: This is one of the biggest cases to arise so far in mainland China. It involves allegations of civil fraud against a Chinese entrepreneur whose drinks company (the largest in China) had entered into a joint venture with Danone. The claim is for 800m Euros. Stephen has been acting for the entrepreneur in 8 SCC arbitrations in Stockholm and in satellite litigation in the BVI and Western Samoa.
- TMSF v Demirel: Stephen acted for the Turkish Financial Services Authority which sought to recover the proceeds of a massive Turkish bank fraud by the never previously attempted method of appointing receivers over the power of revocation in a Cayman trust. The Authority was successful in the Privy Council in recovering US$24m.
- Commercial Litigation
Stephen Moverley Smith has dealt with all manner of business disputes, amassing particular experience in matters with an international dimension. Legal 500 recommends him as “innovative and creative; he can often find a way for a client where others cannot”, whilst Chambers & Prs recommends him for commercial chancery and offshore work as “a leading performer in the BVI Commercial Court”. He is said to perform “admirably, calmly and coherently in court“.
His more notable cases include:
- Papadimitriou v Credit Agricole a claim in Gibraltar to recover the proceeds of stolen art deco furniture from a bank that had failed to make appropriate enquiries. Stephen acted for the claimants who were successful in the Court of Appeal and Privy Council.
- VTB v Parline VTB v Parline Claim in England for 1bn roubles by a Russian bank alleging fraudulent conduct by the controllers of one of its customers. The action was dismissed. Stephen acted for the successful defendants.
- Baturina v Chistyakov fraudulent misrepresentation claim in England for €97m in relation to a Russian joint venture to develop property in Morocco.
- Magner V Jyske Bank (Gibraltar) Ltd a claim arising out of the misappropriation of trust funds by a fraudulent firm of solicitors
- TMSF v Demirel: Stephen acted for the Turkish Financial Services Authority which sought to recover the proceeds of a massive Turkish bank fraud by the never previously attempted method of appointing receivers over the power of revocation in a Cayman trust. The Authority was successful in the Privy Council in recovering US$24m.
- Black Swan Investments Ltd v Harvest View Ltd: fraud claim in relation to the importation of vehicles into South Africa. A seminal case on freezing injunctions and the application of the Siskina principle to non-UK jurisdictions.
- Danone -v- Wahaha : a very high profile joint venture dispute between Danone and the largest drinks producer in China. Muliti-jurisdictional litigation with proceedings in the British Virgin Islands and Samoa and a series of associated SCC arbitrations in Stockholm.
- Kensington International Ltd -v- Montrow International : acting for the claimants in $100 million soverign debt dispute litigated in the British Virgin Islands.
- Re Fairfield Sentry Ltd : acting for the liquidators in relation to claims arising from the collapse of the largest of the Madoff feeder funds.
- Vee Networks Ltd v Econet Ltd : a series of commercial arbitrations in Nigeria and England concerning the operation and development of a mobile telephone network in Africa and the enforcement of rights of premption. Stephen acted for a minority shareholder.
- Isoft Group plc v Misys Holdings Ltd : a dispute as to whether the vendorunder a share sale agreement had a binding obligation to offer after-acquired property to the purchaser. Stephen acted for the vendor.
- Re Norman Island : a commercial Dispute relating to the mooring rights of a private island in the Caribbean.
- Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank & Trust Company (Cayman) Ltd & Ors [2011] UKPC 17 (Privy Council): The Privy Council has decided that a judgment debtor who has placed money in trust but retained a power of revocation over the trust can be forced to exercise the power for the benefit of his creditors.
- Watford Petroleum Ltd -v- Interoil Trading SA : large scale litigation (a section 459 Petition and four related claims) arising out of a joint venture for refining and selling oil in Ukraine. Stephen acted for the defendants.
- Company
Stephen Moverley Smith has extensive experience within the company law sphere, as recognised by both Chambers & Partners and Legal 500. Chambers & Partners recommend him as “As astute as they come, excellent with clients and has a reassuring manner”.Whilst regularly advising and acting in relation to all aspects of company law, ranging from boardroom battles and shareholder claims to directors’ disqualification (which he dealt with for many years as a member of the Treasury Solicitor’s ‘A’ Panel). He is particularly renowned for his expertise in relation to complex international joint venture disputes, regularly advising on global strategy, related conflict of law issues and interim remedies.
His many cases include:
- Shanshui Cement Co Ltd Shareholder battle in the Cayman Islands to gain control of China’s largest cement producer. Stephen acted for two large shareholders who successfully opposed the appointment of provisional liquidators
- Fairfield Sentry Ltd BVI proceedings concerning the largest investor in the Madoff fraud and an issue as to the priority of unpaid redeemers
- OAS Investments Ltd BVI proceedings concerning the residual powers of directors to engage in rival Brazillian an US restructuring when provisional liquidators have been appointed. It involves Brazil’s largest construction company. Stephen was instructed by the provisional liquidators
- Re Mobilepeak Holdings Ltd A trial in the Cayman Islands concerning the valuation of a shareholding in a Chinese mobile phone chip manufacturer
- Gallea Limited BVI proceedings to terminate the solvent liquidation of a BVI company opposed on the grounds that the applicant was party to a fraud
- Franbar Holdings Ltd v Casualty Plus Ltd : acting in a shareholder dispute over pre-emption rights contained in a shareholders’ agreement.
- Re Reserve International Ltd : acting for a BVI investment company in relation to a dispute about the compulsory redemption of shares.
- Re GVEC IV Ltd : acting for an international bank in a fraud claim against a director of a company in which the bank held share warrants.
- Danone v Wahaha : a massive joint venture dispute over the operation of the largest drinks company in China. Stephen was acting for the successful defendants in litigation in the BVI and Samoa and associated arbitrations in Stockholm.
- Re Grand Bahamas Port Authority : a long running Bahamas boardroom battle over the port company operating Grand Bahama – Stephen was acting for one of the directors.
- Vee Networks Ltd v Econet Wireless Ltd : a dispute about pre-emption rights in a Nigerian mobile telephone company. Stephen acted in arbitrations in England and Nigeria.
- Re Blue Ribbon Ltd : acting for a shareholder in a dispute about the ownership and operation of a BVI company.
- Re Weiner : acting for a shareholder in a dispute about the operation of a shareholders’ agreement.
- Watford Petroleum Ltd -v- Interoil Trading : large scale litigation (a section 459 Petition and four related claims) arising out of a joint venture for refining and selling oil in Ukraine.
- Astian Group Ltd -v- TNK : acting for a minority shareholder pursing a derivative action against a BVI joint venture oil company operating in Russia.
- Fiske Nominees Ltd & Ors -v- Dwyka Diamonds Ltd : acting for the successful claimant who established that it was necessary, when making a takeover bid, for the majority shareholders to give the minority shareholders sufficient information to make an informed decision on any share purchase offer.
- In the matter of Ciro Citterio Menswear plc : a dispute as to the application of s. 330 Companies Act 1985 to an informal loan made to a director. Stephen acted for the administrators.
- Re Forcesun Ltd : an example of the many public interest winding up petitions on which Stephen appeared for the Secretary of State.
- Re Wilmott Trading Ltd : establishing that a waste management licence did not vest as bona vacantia on the dissolution of a company. Stephen acted for the Environment Agency.
- Re Rhonda Waste Disposal Ltd : a seminal case as to the ability of the Environment Agency to prosecute a company in administration for breaches of a waste management licence. Stephen acted for the Environment Agency.
- Re H Laing Demolition Contractors Ltd : a leading case on shadow and de factor directors in the context of directors’ disqualification. Stephen acted for the Secretary of State on this and many other directors’ disqualification applications.
- Re Double S Printers Ltd (In liquidation) : acting for the Inland Revenue in successfully contending that a director’s debenture securing his loan to the company to stave off insolvency constituted a floating charge.
- eChinaCash Inc v Light Year Partners LLP : acting for the claimants in dispute about the ownership of shares in a BVI company operating the largest loyalty card programme in China
- Hedge Funds & Structured Investment Vehicles
Stephen has long been involved in many of the leading hedge fund cases, particularly in the British Virgin Islands. Recommended in the current Legal 500 for Banking & Finance and in Chambers & Prs for commercial chancery and offshore work (his hedge fund expertise being noted), recent examples of his cases include:
- Spectrum Galaxy Fund Ltd: Stephen is acting for a creditor seeking to prevent the termination of the liquidation of a hedge fund on the grounds of a change in the law following Westford.
- Re Westford Special Situations Fund Ltd : a BVI dispute concerning the claim of a redeeming shareholder to liquidate a hedge fund as a creditor and the ability of the fund to redeem in specie. Stephen acted for the fund successfully on appeal
- Re A Company : a hedge fund dispute in the BVI concerning the rights of investors where redemptions have been suspended to wind up the fund on the grounds of loss of substratum
- Re Reserve International Liquidity Fund Ltd : a hedge fund dispute in the BVI concerning redemption rights
- Fairfield Sentry Ltd : acting for the liquidators of the largest investor in Madoff in relation to claims made by and against the fund
- Kingate Global Ltd : acting in relation to the liquidation of this Madoff feeder fund
- Lancer Offshore Inc : acting as an expert witness in US proceedings concerning a BVI hedge fund
- Re A : advising in relation to the calculation of a fund’s NAV and its ability to re-state past NAVs
- Insolvency
With a background acting for the department of trade and industry in relation to public interest winding up petitions and directors’ disqualification, and the inland revenue, environment agency and treasury solicitor in relation to many other aspects of insolvency, Stephen has developed a very extensive business restructuring/ insolvency experience ranging over many years. More recently he has been involved in a wide range of international cases raising cross-border insolvency issues, including the operation of UNCITRAL model law provisions in a variety of jurisdictions and the interplay with Chapter 15 recognition in the US. He is recommended for insolvency in Legal 500 as “accessible and a real team player”, and the current edition of Chambers & Prs notes his “vast experience and understanding of the intricacies of insolvency law” whilst also stating that “his work is always top-notch, his advocacy is really effective and clients like his mix of gravitas and approachability”.
His recent cases include:
- Gallea Ltd: proceedings in the BVI regarding the liquidation of a BVI company.
- Spectrum Galaxy Fund Ltd: Creditor seeking to prevent the termination of the liquidation of a hedge fund on the grounds of a change in the law following Westford (see below).
- Quantek Opportunity Fund Ltd: Stephen successfully represented a US$2 billion hedge fund in resisting attempts to wind it up on the grounds of loss of substratum, persuading the BVI court not to follow a line of authority developed in Cayman.
- Fairfield Sentry Ltd : acting for the liquidators of the largest Madoff feeder fund in relation to a wide variety of claims made by and against it
- Westford Special Situations Fund Ltd : acting for the fund in its successful appeal against a winding up order obtained by a redeeming investor claiming to be a creditor
- Re a Company : resisting a claim by a redeeming investor to wind up a hedge fund
- Re Kaupthing Bank (IOM) : acting in relation to a claim in the insolvency of an offshore bank
- Atala Group Ltd : acting for a creditor appealing the rejection of its proof of debt
- Re: Kingate Global Ltd : acting in relation to the liquidation of the fund
- Re: Reserve International Ltd : acting for a money market liquidity fund in relation to an application by redeeming shareholders to appoint liquidators
- Re a Company : obtaining the appointment of provisional liquidators in a sovereign debt claim
- Hicking v Baker : (CA) acting for a bankrupt successfully appealing a committal order made under s. 364 Insolvency Act 1986
- Re : Westbond : acting in relation to the insolvency of an offshore bank
- Real Estate Litigation
Stephen Moverley Smith is regularly involved in property related litigation of which his most notable recent cases include:
- Woods -v- Virgin Gorda Beach Club [2004] BVI High Court : A promise of leasehold land to the Claimants by the Defendant which later sought to go back on its promise, but was, it was argued, estopped from doing so in circumstances where the Claimants had relied on the promise to their detriment.
- Twenty Two A Property Investments Ltd -v- Simpson Curtis [2000] EG 140 Court of Appeal : The defendant solicitors were liable for damages after failing to monitor adequately the progress of a property transaction, the outcome of which had substantial financial consequences for their client.
- Trusts, Probate & Estates
As a leading commercial Chancery barrister recommended by both the current editions of Chambers & Partners and Legal 500, Stephen has very considerable experience of trust, probate and estate matters. According to Legal 500, he “combines astonishing intellectual ability with sound judgement and approachability”. While many of his cases are highly confidential, the following examples provide an indication of the scope of his practice:
- Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank & Trust Company (Cayman) Ltd & Ors [2011] UKPC 17 (Privy Council): The Privy Council has decided that a judgment debtor who has placed money in trust but retained a power of revocation over the trust can be forced to exercise the power for the benefit of his creditors.
- Dean v Bowlby : a dispute as to whether the Russian Orthodox Cathedral in London is held on trust for the Moscow or Constantinople patriachates. Stephen acted for the successful Moscow patriachate.
- Re G Trust : an application dealing with the licensing of protectors under the BVI Bank and Trust Companies Act 1990 and the consequences of acting without a licence.
- Re H Trust : an application in relation to the appointment of protectors of a family settlement and the requirement of independence in relation to that appointment
- Re DM Trust : advising in relation to distributions to be made by a employee benefit trust following the sale of the underlying business.
- Re B Trust : a dispute as to the liability of trustees of a family settlement in relation to a sale of trust assets. Stephen acted for the trustee
- Re: G : This cases relates to a number of offshore trusts in which an Asian dynasty had placed their wealth. It is possible that certain actions are invalid or ultra vires. There are US$13 billion tax consequences.
- Re Corbett : acting in relation to a series of issues concerning the administration of a large estate.
- Re R Trust : a proprietary claim to trust assets. Stephen acted for the trustee.
- T Choithram International SA -v- Pagarani & Ors : a seminal case which ultimately went to the Privy Council as to the ability of a settlor to gift shares to a charitable foundation by an oral declaration of trust.
Other information
- Recommendations
Restructuring/Insolvency
Chambers & Partners
Stephen Moverley Smith KC attracts major international instructions owing to his deep experience in cross-border matters. He frequently appears in courts in the British Virgin Islands and Cayman Islands, as well as the Privy Council. He has a particularly robust reputation in the area of offshore work and trusts. (2023)
Stephen Moverley Smith QC attracts major international instructions owing to his deep experience in cross-border matters. He frequently appears in courts in the British Virgin Islands and Cayman Islands, as well as the Privy Council. He has a particularly robust reputation in the area of offshore work and trusts. Strengths: “He’s sensible, measured and approachable.” (2022 – UK and Global)
Strengths: “He’s an excellent barrister and a pleasure to work with. He has a wonderful personality, he is very engaging and his written work is outstanding.” “A very creative thinker who is very familiar with both the offshore and onshore worlds.” (2021 – UK and Global)
Legal 500
‘Stephen is a first-class barrister. He is able to get up to speed with really complicated matters quickly and provide clear concise advice.’ (2023)
‘A real legal heavyweight, he brings a wealth of experience to issues and is able to provide practical solutions to knotty legal problems.’ (2022)
‘He has a razor-sharp intellect and is able to cut through complicated legal and factual matters with ease.’ (2021)
Chancery: Commercial
Chambers & Partners
“Brings an assured gravitas to the courtroom.” (2023)
“Clients really appreciate his input and sensible advice. His advice is always tailored to the individual client’s concerns.” (2022 – UK and Global)
“He’s very experienced, efficient and knows the court and the judges.” (2021 – UK and Global)
Fraud: Civil
Chambers & Partners
Stephen Moverley Smith KC handles substantial civil fraud litigation as part of a practice that also covers trusts, finance and insolvency. He has acted in numerous international cases, relating to such jurisdictions as the BVI, Russia and Gibraltar. Strengths: “Stephen has such a strategic and creative eye.” “Stephen is very creative with his strategy and good with his assessment of which arguments will run and which will not. He gives practical and expedient advice.” “He is very experienced and knowledgeable.” (2023)
Stephen Moverley Smith QC handles substantial civil fraud litigation as part of a practice that also covers trusts, finance and insolvency. He has acted in numerous international cases, relating to such jurisdictions as the BVI, Russia and Gibraltar. Strengths: “An impressive advocate and a heavy hitter.” (2022)
Strengths: “He combines a wealth of experience in English and Caribbean litigation, thus making him a perfect counsel for cross-border litigation in the Caribbean region.” “He knows the BVI court rules and culture really well.” (2021)
Legal 500
‘Very easy to work with and excellent at identifying an approach which will resonate with the court.’ (2022)
‘Extremely responsive and able to articulate complex arguments in a persuasive and attractive manner. His gentle approach in submissions seems to have the ears of the judges.’ (2021)
Offshore
Chambers & Partners
Stephen Moverley Smith KC is well versed in a range of commercial cases, including those concerning restructuring, fraud and insolvency. He also specialises in fraud and corruption cases. Strengths: “He is one of the most experienced offshore lawyers. Stephen is particularly good for difficult cases because he is very creative with his strategy and gives practical and expedient advice.” “He is a legend in the offshore world.” “He brings a kind of assured gravitas to the courtroom. Barristers and judges who are looking for someone to say something sensible will look to him.” (2023)
Stephen Moverley Smith QC is well versed in a range of commercial cases, including those concerning restructuring, fraud and insolvency. He also specialises in fraud and corruption cases. Strengths: “He really is responsive and always comes back with very sharp, mindful comments.” (2022 – UK and Global)
Strengths: “An excellent advocate who is very persuasive on his feet.” “Very hands-on, diligent and a very safe pair of hands.” (2021 – UK and Global)
The Legal 500
A real flair for advocacy. Energetic, engaged and enthusiastic.’ (2024)
‘Stephen is a consummate professional and extremely well versed in everything BVI, with a complete knowledge of the law but more importantly in some ways, how the jurisdiction operates and the personalities of the judges, both in the commercial court and the Court of Appeal. This can be fundamental to how a case is presented. He is also extremely approachable, user-friendly and knowledgeable which immediately puts clients at ease.’ (2023)
‘A real legal heavyweight, he always has a clever perspective to add to any case.’ (2022)
‘He has a razor-sharp intellect and is able to cut through complicated legal and factual matters with ease.’ (2021)
Commercial Dispute Resolution
Chambers & Partners
“Stephen is very knowledgeable and very commercial. He has a real feel for the commercial reality of the cases he works on.” (2023)
“A modern QC, who is very involved and engaged; he really gets stuck in. He is calm, assured and someone who instils confidence.” (2022 – UK and Global)
“Has a wealth of experience of dealing with both English and Caribbean litigation, and is the perfect counsel for cross-border court proceedings.” “He has very good client-handling skills.” (2021 – UK and Global)
Legal 500
‘His advocacy is clear and calm. He does not get ruffled, even in heated hearings. First class.’ (2023)
‘He has impressive court room presence and brings a wealth of experience to his cases. User-friendly across the team and with clients.’ (2022)
‘A genuinely good fellow, his gentle approach in submissions seems to have the ears of the Judges.’ (2021)
Banking & Finance
Legal 500
‘Stephen is a first-class barrister. He is able to get up to speed with really complicated matters quickly and provide clear concise advice. His oral advocacy is also impressive.’ (2023)
‘He has impressive court room presence and brings a wealth of experience to his cases. User friendly across the team and with clients.’ (2022)
‘Very good and remains my first choice.’ (2021)
Company & Partnership
Legal 500
‘Stephen has been doing BVI work for over two decades. He knows the law and procedure inside out.’ (2023)
‘He always has a clever perspective to add to any case.’ (2022)
‘Very sharp mind. Great clarity in drafting. Tactical nous.’ (2021)
Private Client: Trusts and Probate
Legal 500
‘Stephen is technically brilliant, commercially and emotionally astute and is able to handle difficult clients with consummate ease. He also goes out of his way to collaborate with the solicitors instructing him, making himself available at short notice and generally ensuring the smooth running of a case.’ (2023)
‘Utterly and disarmingly charming. He has a razor sharp mind and is a brilliant barrister.’ (2021)
Citywealth Leaders 2019 recommends Stephen for contentious trusts, recording that he is ‘bright, user-friendly and exceptionally creative, he seems able to find ways through issues that others simply cannot’.
- Academic history
- Pembroke College Oxford (MA)
- Editorial Board, Tolley’s Offshore Service
- Professional memberships
- Bar of the Eastern Caribbean Supreme Court
- Bar of Saint Vincent and the Grenadines
- Chancery Bar Association
- COMBAR
- European Circuit
- Insolvency Lawyers Association
- Publications
‘Can beneficial noteholders commence insolvency proceedings? Diverging views emerge across the offshore world’ Butterworths Journal of International Banking and Financial Law, Vol 39 – No.1 (January 2024)
‘Debt, power and keeping your vote: the meaning of “control” in disenfranchisement provisions’ Butterworths Journal of International Banking and Financial Law, (August 2018)
‘An offer you can’t refuse: when does coercion of a group to accept a proposal constitute oppression of the minority?’ Butterworths Journal of International Banking and Financial Law, (May 2014)
‘Challenges to Collective Action Clauses’ Butterworths Journal of International Banking and Financial Law, (September 2012)
‘Clear blue water: the deepening divide between the Cayman Islands and the BVI on winding up investment funds’ Butterworths Journal of International Banking and Financial Law, (December 2011)
‘Power Play: asset protection trusts under fire’ The Journal of International Tax, Trust and Corporate Planning: Jordans, 2011 – Vol. 18
‘Gas attack? Cross-border insolvency and the perils of non-submission‘ Oxford Journal: Trusts & Trustees (May 2011)
More news about Stephen Moverley Smith KC
XXIV Old Buildings members earn listings in 2025 The Best Lawyers in the United Kingdom™ guide
July 7, 2024
Injunctions in support of foreign arbitrations: Minsheng Vocational Education Company Limited v Leed Education Holding Limited & Ors CICA (Civil) Appeal No. 19 of 2022
April 11, 2024
Can beneficial noteholders commence insolvency proceedings? Diverging views emerge across the offshore world
March 21, 2024
XXIV Old Buildings recognised in Chambers Global 2024
February 29, 2024
XXIV Old Buildings ranked as a top tier set in The Legal 500 2024 Caribbean Guide
November 14, 2023
Stephen Moverley Smith KC provides restructuring & insolvency analysis on MTC v HRH Prince Hussam Al Saud for LexisNexis
June 6, 2023
Who’s Who Legal: UK Bar 2022
June 6, 2022
Enforcing Oral Wills in the BVI
March 28, 2022
XXIV Old Buildings ranked as a Band 1 set in Chambers Global 2022
February 21, 2022
Business details
- VAT number: 417895904
- Registered name: Stephen Philip Moverley Smith