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Katie Smith Katie Smith

Katie Smith

Legal Director

Profile

Services

Katie is an experienced litigator who advises and represents individual, corporate and institutional clients on disputes across the litigation practice, with a focus on contentious public law matters as well as property litigation.

Katie is also known for her experience in judicial reviews and statutory appeals.  She has managed high profile cases for the Association of British Insurers, Natural Resources Wales, Health and Care Professions Council and Garden Bridge Trust.

Katie handles all types of property litigation including commercial and residential leasehold disputes (including dilapidations, breach of covenant and disrepair claims, forfeiture and possession actions and renewals under the Landlord and Tenant Act 1954). She also frequently advises on property related professional negligence, nuisance (such as water leaks) in blocks of flats, trespass, disputes regarding the beneficial ownership of property interests and on mortgages and their enforcement.

She has dealt with matters at all levels from tribunals to the Supreme Court and at all stages of litigation including trial, first and second appeals and costs assessment. She is often involved in reaching and documenting complex settlements including those with significant non-monetary components.

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Career highlights

Public Law

  • UK Supreme Court – the first occasion on which the court struck down legislation from one of the devolved legislatures as outside their competence: RECOVERY OF MEDICAL COSTS FOR ASBESTOS DISEASES (WALES) BILL: Reference by the Counsel General for Wales [2015] 2 WLR 481
  • Defending Natural Resources Wales’ decision concerning alleged environmental damage to Llyn Padarn (involving domestic and EU law issues), including successfully defending an appeal to the Court of Appeal [2017] Env LR 2 : [2017] 1 CMLR 8
  • Successfully defended both a judicial review and Article 6 challenge of a decision of a professional regulatory body as to whether to proceed in the involuntary absence of a registrant [2016] EWHC 2193 (Admin) and the subsequent statutory appeal from a strike off decision made in the involuntary absence of the registrant [2018] EWHC 1024 (Admin)

Property Litigation

  • Acted for a tenant in favourable settlement of a co-ownership dispute when the sole asset was a protected commercial lease which was close to contractual expiry and required the co-operation of all the legal co-owners in order to resolve various contentious issues under the lease.  Subsequently secured a renewal of the commercial lease despite opposition from the landlord on the grounds of redevelopment.
  • Acted for a landlord in obtaining vacant possession of several units (some of which were let on protected leases) to allow a major redevelopment of the premises into a flagship department store.
  • Secured the cessation of long running and ongoing water leaks, and damages to cover the consequent losses from the intransigent landlord, in a residential flat.

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