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Call: 2012

Philip Smith

Albion Chambers

Broad Street Bristol BS1 1DR

Email
  • Overview

    Philip joined Chambers in September 2018 after the successful completion of his pupillage.

    Prior to pupillage, Philip spent time working in Kuala Lumpur, Malaysia in a large firm of solicitors dealing with an array of legal issues, but with a strong focus on corporate law, including advising on cross-border disputes and corporate-management issues. Upon his return to the UK, Philip worked as a self-employed County Court Advocate for a number of years and appeared in approximately 1,000 hearings dealing with a wide range of civil matters in courts across the South West and beyond.

  • Civil

    Philip undertakes a broad and busy civil practice and is regularly instructed in fast-track trials in addition to the full spectrum of civil applications, including in the High Court.

    Building on his experience prior to coming to the Bar, Philip also maintains a broad property practice. He is regularly instructed to advise in residential landlord and tenant matters, and attends possession hearings (including mortgage possession) in the County Court.

    Philip has particular experience in advising small-scale landlords in the context of increasing regulation and legal complexity when dealing with such matters as rental deposits and the changes introduced under the Deregulation Act 2015, particularly their impact when seeking possession.

    Philip also accepts instructions to appear in the First-Tier Tribunal Property Chamber. He has appeared at Tribunal in relation to various matters, including disputes concerning reasonableness of service charges and objections to first registration of land referred to the Tribunal by HM Land Registry.

    Cases of Interest

    • H v B (2018) – instructed at very short notice to appear for the Respondent in an Application for a Freezing Order at the Bristol High Court District Registry. The Application was brought in the context of an application to remove a personal representative of an estate who was alleged to have failed to administer the Estate in a responsible and appropriate manner. Philip was successful in having the Application dismissed with costs.
    • B v F (2018) – represented the Applicant in an Application for committal for contempt of court for breach of an injunction order made pursuant to the Anti-social Behaviour, Crime and Policing Act 2014. Philip was successful in proving all the breaches of the injunction sought, resulting in a custodial sentence being passed on the contemnor.
    • B v H (2019) – the Claimant, an elderly landlord with only one property, sought possession of his property under a section 21 notice. The Defendant (in possession of legal aid funding) had raised technical defences relating to the validity of the notice and a counterclaim for disrepair. Philip was instructed at late notice and, recognising that the Claimant’s s.21 notice was invalid, advised the Claimant to discontinue his claim. The client agreed and the subsequent discontinuance of the claim for possession prevented the matter being allocated to the fast-track, saving the client from significant exposure to legal costs.
  • Matrimonial Finance

    Philip is regularly instructed in matrimonial finance, representing clients at all stages of proceedings from first hearing appointments through to final hearing.

    Cases of Interest

    • K v P (2019) – Represented the wife in a claim brought by the husband, who was 20 years her senior and in receipt of a very low pension income, for transfer of the property in which he lived (which was owned in the wife’s sole name) and significant maintenance. The wife’s true financial position was a matter of significant dispute. Philip persuaded the Judge to make a Martin Order allowing the husband to live in the property rent free, but preserving the entirety of the wife’s ownership of the property in question.
Philip Smith

Education

  • University of West England: Bar Professional Training Course (Outstanding)
  • University of Birmingham: Bachelor of Laws with Honours (Upper-Second)

Awards

  • Certificate of Honour (Middle Temple)

Professional memberships

  • Western Circuit