Profile
Services
Judith is an experienced litigator who helps property owners, occupiers and developers resolve a wide range of contentious commercial, residential and agricultural property issues.
She acts for both landlords and tenants in commercial leasehold disputes at all stages from pre-action negotiations through to settlement or trial. Her work includes lease renewals and terminations (including forfeiture and break notices), dilapidations, enforcing lease covenants, applications for landlord consents, arrears recovery, rent review and service charge disputes. She has substantial experience advising creditor landlords on tenant insolvency issues including company voluntary arrangements, administration and Part 26A schemes.
In relation to residential property, Judith advises both landlords and tenants on a wide variety of issues including possession claims, disrepair, service charge challenges, enfranchisement and obtaining orders for sale. She also advises regularly on other contentious property matters, including rights of way, restrictive covenants, trespass, boundary disputes, property-related professional negligence and enforcing or terminating property sale contracts. She has particular expertise in advising on nuisance claims.
As well as progressing and defending claims, Judith provides strategic advice to property owners preparing for and undertaking development projects and asset management, including vacant possession strategies, rights of light advice and assisting with transaction structuring and drafting to seek to minimise litigation risk.
Alongside litigation, Judith has experience of arbitration proceedings and a wide variety of alternative dispute resolution methods, including mediation and expert determination. She is a solicitor advocate with full rights of audience in the civil courts in England and Wales.
""'The firm has great strength in depth, although I would particularly single out Judith Smyth for her industry, brightness and commercial acumen.’
Legal 500
'Judith Smyth displayed an exceptional level of attention to detail in relation to the legal and factual issues involved.’
Legal 500
Career Highlights
- Lead associate acting for a well-known cultural institution in its successful defence in the High Court of a high-profile nuisance claim raising novel points of law regarding the interaction of the law of nuisance and privacy rights.
- Advised a leading theatre operator on the settlement at mediation of a factually-complex seven-figure dilapidations claim regarding a regional theatre for a small fraction of the sum claimed by the landlord.
- Prepared a detailed vacant possession strategy for a warehouse site in East London for a leading asset manager to facilitate a proposed mixed-use residential and light industrial redevelopment, including creating multiple alternative phasing strategies to suit different development timeline permutations. Subsequently pursued the redevelopment strategy through Landlord and Tenant Act 1954 proceedings, advising on renewal lease negotiations and dealing with tenant insolvency matters.
- Advised a leading commercial asset manager on tenant claims and related matters arising out of a water leak incident in a city centre office tower block, including health and safety issues, asbestos management liability, the scope of insurance and negotiating a settlement with a tenant impacted by water damage.
- Advised a long leaseholder on a complex application for consent to alter to facilitate a major redevelopment of a set of prime commercial buildings in Canary Wharf, including advising on the scope of works permitted under the lease, preparing the application and advising on responses to queries from the landlords.
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