To contact or appoint Kevin Smyth, call CEDR on +44 (0)207 536 6060 or email firstname.lastname@example.org
(Non-Neutral work in italics)
Construction & Engineering
- Breach of contract claim by customer against builder regarding alterations carried out to a swimming pool - claim £10,715.00, counter-claim £22,562.00
- Breach of contract claim in respect of defective building works causing significant consequential loss for a hotel chain – claim £750,000.
- Breach of contract claim the subject matter being alleged poor workmanship and defective materials – quantum £0.75 million.
- Dispute regarding retention monies and their release following the issuing of the Architect’s Works Completion Certificate – quantum £125,000.
Kevin has gained considerable experience in the issues that arise in claims related to the costs incurred during litigation which he now uses to assist in the mediation of disputes over costs or where costs are a significant factor.
- Disputed Solicitor’s costs claim totalling £150K when inter alia it was alleged that they had been dishonesty on the part of a senior partner.
As a former Independent Adjudicator and Panel Member of both the then Legal Services Commission's Funding Review Committee and Special Controls Review Panel, Kevin acquired a significant body of knowledge regarding disputed Solicitors’ and Counsels’ costs claims.
- Adjudicating solicitors' claims for costs against the Legal Aid Fund.
- Three of his own clinical negligence claims involving costs of £200,000 in each case.
- Several contested probate actions where the costs exceeded £150,000.
- Over a dozen or so personal injury cases where costs in excess of £50,000 had to be assessed by the Court.
- Negotiating costs settlements in over 100 cases related to a whole variety of different claims.
- An employment law dispute between a university and its soon to be ex- Director of HR.
- A potential wrongful and constructive dismissal claim brought by the Finance director of another university.
- Kevin has a very considerable experience of the educational world, partly through his firm having acted for several independent schools and a local university. He has also gained much “hands-on” experience within the school environment as a consequence of having been a School Governor for upwards of twenty five years and in the case of one leading school of 600 children, having been its Chairman of Governors for six years. The educational establishments in question all operated in the private sector and are co-ed.
Employment & Workplace
- Compensation claim by an NHS Consultant arising as a consequence of there being in existence a potential constructive dismissal claim or one for wrongful dismissal.
- Mediated both wrongful and unfair dismissal claims.
- Likewise “in the workplace” as between senior managers, other employees and as between employer and employee.
- As a lawyer, Kevin represented clients at mediations in respect of many different types of dispute: some were wrongful and unfair dismissals and both sexual and disability discrimination cases. Some of the employee clients concerned worked at a very senior level – CEO’s, senior medical consultants working for health trusts, etc. He has also represented employers at mediations.
- Permanent Health Insurance - ill-health of insured - early retirement - issue as to whether or not insured had become permanently and totally disabled within the meaning of the policy document - asserted by insurer that insured was able to carry out gainful occupation and would remain so in the future.
- Life insurers seeking to avoid a policy of life assurance upon the joint lives of the Claimant and her deceased former common law husband who died as a consequence of suicide – claim £1 million.
- Copyright - design rights - access to client databases and other commercially sensitive information.
- Following conclusion of FPR Pre-application Protocol process but before FDA, successfully concluding a one day “family mediation” (using the ‘commercial’ as opposed to family mediation model) involving net assets of £2.9m.
- For most of his professional career practising as a lawyer, Kevin had the conduct of many claims brought by divorcing husbands and wives seeking post-divorce financial provision. Many of these were ‘high net worth cases’ involving large pension funds and occasionally complex trust as well as private shareholding issues.
NHS & Healthcare / Clinical Negligence
- Recovery of residential care costs - allegations of negligence/unlawful medical and financial assessments - counterclaim for care costs paid previously.
- Late diagnosis - negligence - death - Fatal Accidents Act dependency claim by young widow and children - causation - uninsured treating doctor - partnership liability.
- Alleged psychiatric illness - incorrect diagnosis - mis-management of symptoms - subsequent suicide - dependency claim by widow - causation - quantum - Claimant’s desire that there be an explanation coupled with an apology.
- Father murdered by son while latter on temporary release from a psychiatric unit – alleged by Claimant family that decision to release and failure to administer as well as monitor adequately medication was negligent – principal issues were liability, causation, quantum and crucially the provision of an explanation to the Claimant family by the Defendant NHS Trust coupled with an apology.
- Law Reform (Miscellaneous Provisions) Act post-death claim for bereavement, general damages and the cost of care – quantum £134,000.
- As a lawyer, Kevin has successfully prosecuted many clinical negligence claims including three different ones for children who tragically suffered injuries at birth resulting in cerebral palsy.
Partnership & Shareholder
Over the years, Kevin has provided professional advice as a solicitor in this sector.
- Court of Appeal Mediation – Law Reform (Miscellaneous Provisions) Act bereavement/Fatal Accidents Act dependency claims by widow of soldier killed in live fire training exercise – quantum only – permission given by Court of Appeal for Defendant to appeal first instance decision relating to the tax treatment of future loss of earnings claim – quantum £1,117,000.
- Tortfeasor minors - alleged negligence by them, their parents, tour operator and foreign hotel causing catastrophic injuries to Claimant rendering him tetraplegic - general and special damages combined pleaded to be £3m - Regulation 15 Package Travel, Holidays and Tour Regulations 1992 - contributions between Defendants.
- Claimant minor and his mother - minor en ventre sa mère at time injuries sustained - claims by both him and his mother arising out of an RTA - principle issues in dispute causation and costs of care, accommodation and other future consequential losses - general and special damages combined pleaded to be £3.1m.
- Court of Appeal mediation - allegation by Claimant of breach of statutory duty and common law negligence in the workplace on part of Defendant - cross-allegations of contributory negligence - Claimant lost in first instance but given permission to appeal by C of A - quantum £147,380.00 plus costs of £77,650.00.
- Court of Appeal Mediation – personal injury claim for damages estimated between £500,000 to £1,000,000 – at the first instance the Claimant failed at trial – the Judge’s findings of fact then appealed – permission given to Claimant to appeal – Mediation conducted successfully very shortly before Appeal Hearing.
- Solicitors’ professional negligence - solicitor trustees’ breach of trust - allegations of fraud.
- Solicitors’ negligence - alleged negligent advice giving rise to a claim of £164,300.00.
- Solicitors’ negligence regarding the conduct of a personal injury claim - issues as to liability, causation and quantum which was pleaded at circa £300,000.00.
- Solicitors’ negligence - allegations of poor advice in conduct of a wrongful dismissal claim in which damages of £102,330.00 were sought.
- During Kevin’s 45 years of practice as a solicitor, he has prosecuted claims against not only solicitors but also accountants, surveyors and architects. Some have been successfully mediated.
- Cohabitation / Realty Disputes
- Co-habitation dispute related to Section 14, Trusts of Land and Appointment of Trustees Act 1996. Division of equity on sale of co-owned property.
- Family dispute over beneficial property rights and sundry debt claims made by one party against the other complicated by significant jurisdictional Court enforcement issues coupled with serious allegations of fraud.
- Kevin has acted for client’s in many similar disputes.
- Landlord and Tenant
- Enforceability of covenants - parties re-negotiating terms of lease following difficulty in interpreting the same.
- Disputed rent arrears and allegations by tenant of landlord’s failure to keep premises in repair - side action against managing agents - total value of claims £265,000.00.
- County Court mediation involving 1 Claimant and 11 Defendants - breach of covenant claims, counter-claim alleging harassment. Total claim of £10,000.00, and counter-claim of £50,000.00.
- Tenant’s alleged failure to comply fully with lease ‘break clause’ provisions giving rise to a contested claim by Landlord for future rent and damages amounting to £750,000.
- Disputed maintenance charges and the enforcement of rights of action in regarding them – quantum £500,000.
- Disputed right to extend the long lease of a residential property worth £2.5 million.
- Reduction in care costs for Claimant suffering from what were the advanced stages of Alzheimer’s - Judicial Review - issues pertaining to liability and how best to construct as well as fund an appropriate care package/regime in the Claimant’s home as opposed to a care home which she and her family were fundamentally opposed to the notion of her having to move into one.
- Claim by disabled person for additional care costs and the payment of arrears.
- Three party (including relatives) disputed monetary claim for the recovery of care homes fees which a Local Authority had assessed as being due from a person who no longer had mental capacity and was thus represented by the Official Solicitor.
- An Attempt to compromise Judicial Review proceedings, the subject matter of which was a County Council’s decision to reduce by 57.78% funding from it to the claimant for the cost of a specialist dementia carer in her home.
Sale of Goods & Services
- Hotel & Leisure
- Holiday makers not afforded ATOL protection consequent upon it being asserted that the C recover cost of their holiday consequent upon failure of travel company prior to their holiday.
- Failure of travel operator causing holidaymakers financial loss in respect of their pre-holiday bookings.
Trusts, Wills & Probate
- Kevin has regularly prosecuted and defended claims that have been made by clients of his when Wills have been contested or, alternatively, when applications were made for further financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
- Contested Probate
- Assertion by close relative of deceased that £100,000.00 paid to him was a gift and not a loan.
- Will disputed consequent upon allegations of lack of testamentary capacity – Estate value £3.5 million.
- Application by one sibling for further financial provision from her late mother’s Estate (value £2 million +) which was contested by another sibling.
Updated: February 2017