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Graham Smith

Graham is an experienced advocate who has a practice encompassing commercial and sports law as well as probate wills and trusts, consumer credit and company law.

He is based just outside of London and regularly appears in courts throughout the country in all types of hearing from applications to High Court trials. Graham is also able to help with drafting of pleadings and contracts, applications, representation at mediation and negotiations. He is a formidable witness handler with an exceptional eye for detail.

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Graham Smith

Graham is a barrister who is able to offer clear and constructive advice to help individuals and businesses to manage their legal issues in a cost-effective and expedient manner. He prides himself on having an approachable demeanour and taking a personalised approach to each case. 

As well as his work as a barrister, he has extensive experience in related areas. He was a non-executive director for NHS Bucks CCG for 8 years where he chaired a number of panels; including carrying out quasi-judicial functions whilst sitting on the Individual Funding Request Panel.

Graham's Experience

Called in 2009

 

Barristers in England and Wales are regulated by the Bar Standards Board

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Commercial Law

Graham has a busy commercial and company law practice.

 

Graham is able to provide clear and practical advice to on all aspects of commercial dispute resolution. He can help with all stages of litigation, including drafting and representation of businesses owners, directors and lay individuals. Graham is able to assist with company, partnership and shareholder disputes, debt recovery, contractual disputes, and professional negligence.

 

He is routinely instructed to assist clients with obtaining and defending all manner of commercial injunctions and applications in courts and arbitrations throughout the country.

 

Graham is able to be actively involved in negotiations and has extensive experience in drafting contracts.

Sports Law

Graham’s work within sports law encompasses both regulatory and commercial instructions. He advises clients across a range of sports including football, boxing, rugby, cricket, motorsports, athletics and horse racing. He has an in-depth knowledge of the legal, governance and regulatory frameworks within sport.

 

Graham can work to ensure that his clients achieve full commercial value in relation to both club and endorsement contracts. He is able to work with players, governing bodies and clubs when it comes to media rights, sponsorship and stadium rights.

 

He can represent clients in front of all sporting arbitrations and tribunals and takes a proactive approach to dispute resolutions within all areas of sporting integrity.

 

Graham can work alongside and for intermediaries and looks to provides clear and actionable advice. His vast experience in negotiation can be relied upon in all stages of contractual discussions. Graham drafts contracts whilst fully engaging with his clients to ensure optimal outcomes.

 

Graham sits on the Sports Resolutions Panel and has experience as an advocate before the Court of Arbitration for Sport.

Wills, Trusts & Probate

Graham has developed a practice that can assist in disputes relating to breach of trust, rectification of wills, removal of executors and trustees, validity and construction of wills, proprietary estoppel and constructive trust claims.

 

His practice encompasses both contentious and non-contentious probate matters and Graham regularly represents clients in mediations and negotiations. Graham works actively to try and resolve disputes outside of court.

Consumer Credit

Graham has vast experience dealing with consumer credit claims against banks and other lending institutions. He is well versed in the area of s.140A Consumer Credit Act and has a particular expertise in respect of mis-sold insurance policies, bridging loans and all other areas of consumer finance, including Plevin claims.

Privacy Policy

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Graham Smith, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

  • Advise on the prospects of litigation;
  • Advise on the value of your claim;
  • Representation at a court hearing;
  • Representation at trial;
  • Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: graham.smith@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

Graham's Testimonials

Greatly appreciated the advice I received and how conscious Graham was of protecting me and my business in all aspects. I found this extremely helpful and useful and appreciated that he'd not only done that but checked over new documents and links provided without hesitation. I again felt this was very useful. I would highly recommend his services.

K.M

Lay client

Graham was amazing today. Very happy with him. I would recommend him very highly to everyone who will be in my position. Amazing and I wish you all the very best in your career. Thank you very much.

M.H

Lay client

Wonderful performance yesterday. Really enjoyed Graham's closing submissions. Everything he said was spot on. I have no doubt my firm will instruct him again.

R.K

Lay client

 

 

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