Scarmans

BARRY SMITH

BARRY SMITH MCIArb

Barrister | Associate

TO DISCUSS YOUR MATTER

Barry Smith
T: 0044 (0) 20 3976 2452
E: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

PRACTICE AREAS

  • Data Breach & Protection
  • Corporate Disputes
  • Dispute Resolution & Civil Litigation
  • Employment
  • Finance
  • HMRC and NCA Investigations
  • International Arbitration
  • Private Prosecutions
  • Proceeds of Crime, Asset Recovery (Civil & Criminal) & Money Laundering
  • White Collar Defence & Investigations

 

EXPERTISE

Barry is a new breed of barrister authorised to handle all aspects of criminal, civil, and regulatory litigation as litigator and sole, led and leading junior. Following a successful career as an independent barrister in chambers, in-house and seconded to the Serious Fraud Office, Barry has joined Scarmans as counsel. He is a recognised expert commentator by major legal publisher Lexis Nexis in the areas of dispute resolution, arbitration and corporate crime, and is a qualified mediator.

 

CORPORATE DISPUTES

Barry advises and represents companies and directors on all aspects of partnership, director and shareholder disputes. He currently advises current and former company directors in a range of industries as to liabilities, including pending/current insolvency matters, and is experienced in partnership dissolutions including LLPs/ABSs in the legal industry. Gvien his experience of contested litigation, prosecutions brought by BIS, and experience as a trained Company Secretary to a major charity, he is well placed to advise on all aspects of corporate disputes that may arise to both advance and defend client interests.

 

DATA BREACH & PROTECTION

Barry’s previous data breach and cybercrime instructions include the defence of City analyst accused of an online fraud against thetrainline.com which involving extensive analysis of internet and other online evidence, and the defence of a private prosecution brought by the music industry of a student involved in the operation of widespread internet-based music piracy.

 

DISPUTE RESOLUTION AND CIVIL LITIGATION

Barry has a broad experience in bringing and defending commercial, contract, and property cases before the civil courts. International arbitration experience includes assisting in a high-volume construction dispute, and he is well-placed to advise on commercial and civil claims arising out of civil fraud, insolvency and trademark issues. Current and recent instructions concern partnership disputes, commercial debt, and enforcement of international arbitration awards.

 

EMPLOYMENT

Barry has represented and advised both claimants and employers in a variety of employment law matters, including misconduct, discrimination and redundancy (collective and individual). As a former charity trustee he is particularly experienced in employment and regulatory matters in that field. With his strong background in defending professional disciplinary allegations, Barry is well versed in the employment policies of healthcare providers.

 

FINANCE

Barry’s litigation experience makes him well placed to advise individuals, businesses and charities at the pre-contracting stage so as to avoid later problems. Current and recent instructions include drafting contracts for NHS service provides and property development finance agreements.

 

HMRC AND NCA INVESTIGATIONS

As a fraud specialist, Barry is well-placed to advise and represent those who face investigations by HMRC and the NCA both in civil and criminal litigation. Current and recent cases involved the successful defence of an individual accused of involvement of a £1m excise duty fraud, a Company Director involved in a £36m VAT fraud, internal HMRC reviews and appeals to the First Tier Tribunal (Tax Chamber).

 

PROFESSIONAL DISCIPLINARY AND REGULATORY INVESTIGATIONS

Barry has advised and represented clients in regulatory and criminal proceedings brought by Local Authorities, the Care Quality Commission, Trading Standards, the BPI on behalf of the music industry, the Solicitors Regulatory Authority, the Health and Care Professions Council, the Nursing and Midwifery Council, and the British Association of Counsellors and Psychotherapists.

Notable cases include the successful defence of a solicitor and a police officer both accused of perverting the course of justice, and the first ever prosecution of a podiatrist accused of misuse of professional title. He was recently instructed to defend high-profile proceedings involving a death in a psychiatric care setting and achieved a finding of no impairment for his client following a three-month trial before the NMC.

 

PRIVATE PROSECUTIONS

Barry is experienced in bringing and defending private prosecutions, especially in matters concerning fraud and trade mark infringement. He successfully prosecuted an individual and foreign company for trademark infringement following High Court litigation with

 

PROCEEDS OF CRIME, ASSET RECOVER (CIVIL & CRIMINAL) & MONEY LAUNDERING

Barry’s proceeds of crime practice include both prosecuting and defending high level and complex matters brought under the Proceeds of Crime Act 2002, including cases with an international element and hidden assets. He regularly represents clients to appeal and vary confiscation orders and is instructed at all stages, from restraint to enforcement. He has previously been instructed by the Metropolitan Police concerning £20m Account Freezing Orders.

 

WHITE COLLAR DEFENCE & INVESTIGATIONS

Barry has extensive experience of defending and prosecuting serious fraud. He was instructed by the Serious Fraud Office in respect of an ongoing investigation arising out of alleged LIBOR rigging and he is well-versed in the criminal and civil disclosure regimes, including matters pertaining to legal professional privilege.

Other white-collar experience includes the defence of Company Directors accused of fraud, the defence and prosecution of trademark offences, and the defence of multi-jurisdictional matters which raise questions of international law. Barry is experienced in defending businesses and individuals with insolvency matters, including prosecutions brought by BIS, private prosecutions of individuals for insolvency offences and defending individuals in civil litigation brought by creditors and liquidators. He has previously been instructed to advise the Metropolitan Police in a number of sensitive reviews concerning Legal Professional Privilege.

 

ADMISSIONS

Bar of England and Wales, 2010

 

REPORTED CASES

R. v Price[2013] EWCA Crim 1283

R. v Cole[2018] EWCA Crim 888

R. (Shea) v Winchester Crown Court[2013] EWHC 1050 (Admin)

 

PUBLICATIONS

‘New European authority on tax compliance’- http://scarmans.co.uk/index.php/legal-articles/196-new-european-authority-on-tax-compliance

Concurrent civil and criminal proceedings: a new approach? - https://www.juriosity.com/knowledge/article/a360607a-63d7-48ba-8453-2cb5a3a61e85

‘Admissibility of findings in professional disciplinary proceedings’- https://www.juriosity.com/knowledge/article/f0bb9fdd-8c46-43d0-995d-d383009c2235

‘New confiscation authority: s.22 POCA 22 applications post-Waya’- https://www.juriosity.com/knowledge/article/f35d3a0c-b310-439b-90e0-ae6c5d756cfc

 

APPOINTMENTS

Former Board Member, Independent Monitoring Board (HMP Highpoint; HMP Belmarsh)

Former Panel Member, Lewisham Youth Offending Team

Former Director, Trustee and Company Secretary – major UK domestic violence charity

Clerk to the Bar Disciplinary Tribunals and Adjudication Service

Member, Chartered Institute of International Arbitration

Member, Honourable Society of the Middle Temple

 

EDUCATION

M.A (Law Tripos), Clare College, University of Cambridge

M.Phil (Criminology), University of Cambridge

BVC, BPP College of Professional Studies

Accredited Mediator, London School of Mediation

 

SCHOLARSHIPS AND PRIZES

Queen Mother Scholar (2010)     Top rank scholarship, Middle Temple

Lopez-Rey Prize(2008)                   Highest overall mark, M.Phil in Criminology

Thirkill Prize(2007)                         Contribution to college life 

 

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A: 10 Lower Thames Street London EC3R 6AF.
E: email@scarmans.co.uk
T: +44 203 976 2452

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10 Lower Thames Street, London, EC3R 6AF
T: 0203 976 2452
E: email@scarmans.co.uk