Paul Smith

Paul Smith

  • Year of Call: 2008
  • B.A. (Hons) History & Politics, University of York (2005)
    LL.M. Law, University of Leeds (2007)
    Bar Vocational Course, Inns of Court School of Law (2008)
    Inaugural Gray's Inn ICSL Scholarship Award Winner (2007)
    Gray's Inn
    Practice

    Paul Smith joined Broadway House Chambers in September 2011 having successfully completed his pupillage under the supervision of Matthew Rudd. He is a member of Chambers' Employment, Family and Civil Law teams.

    Employment Law

    Between 2008 and 2010 Paul Smith was employed by a leading specialist employment law firm where he represented clients in high-value equal pay claims, initially involving NHS Trusts where he played a part in the national challenge to the NHS’ “Agenda for Change” job evaluation study, and latterly involving Local Authorities across England and Wales where he had conduct of the nationally significant case of Bainbridge v Redcar & Cleveland Borough Council. As a result Paul has advised clients, drafted documents (including compromise agreements) and appeared in Employment Tribunals across the country, alongside and against senior solicitors, barristers and Queen’s Counsel.

    Paul studied employment law to an advanced level as part of his Master’s degree, concentrating on discrimination (particularly age discrimination), the 2006 TUPE Regulations, ADR and grievance/disciplinary procedures. During the BVC he became an accredited employment representative at the Free Representation Unit in London, an accreditation he still holds. He is regularly instructed in employment matters and continues to represent clients on a pro bono basis, accepting referrals through the Bar Pro Bono Unit.

    Family Law

    Paul has developed a firm grounding in family law and has a busy practice in this area. He is regularly instructed in private law Residence, Contact and Prohibited Steps matters including disputes over permanent removal from the jurisdiction. He has also represented parents, grandparents, Children's Guardians and Local Authorities in public law cases involving serious allegations of neglect and abuse where Local Authorities have applied for Care and Placement Orders (including Emergency Protection, Interim Care and Supervision Orders). Paul has also acted in applications brought under the Forced Marriage (Civil Protection) Act 2007.

    In matrimonial matters Paul accepts instructions in ancillary relief applications and in cohabitation disputes involving property and the Trusts of Land and Appointment of Trustees Act 1996. He has experience of cases with foreign elements and has represented spouses in s.37 applications for freezing orders and the setting aside of property transactions designed to defeat ancillary relief. Paul has also acted in Family Law Act 1996 applications for Occupation and Non-Molestation Orders brought by former partners as a result of relationship breakdown.

    Civil Law

    Paul Smith has a broad civil law practice encompassing diverse areas of law. He is often instructed to appear on behalf of individuals in small-claim and fast-track personal injury cases (including those arising out of RTAs), as well as to advise upon quantum. Paul has acted for business clients in commercial debt, contract and construction cases, has represented clients through to the enforcement stage and in circumstances where insolvency is a likely prospect. He also has a interest in defamation and has acted on behalf of clients in libel proceedings in the High Court. Paul shares Broadway House Chambers' commitment to justice and human rights. His Master's thesis was composed on the topic of executive accountability and he continues to take an active interest in administrative law.

     

    Professional Memberships

     

    Employment Law Bar Association

    Family Law Bar Association

    Administrative Law Bar Association

    Society of Labour Lawyers

    Bar Pro Bono Unit

    Free Representation Unit

    JUSTICE

    British Institute of Human Rights

     

    Recent Articles & Seminars

     

    Cohabitation Disputes: Applying the Law (March 2012) - A seminar given to Resolution (West & North Yorkshire) on claims under the Trusts of Land and Appointment of Trustees Act 1996 following the Supreme Court's decision in Kernott v Jones [2011] UKSC 53, the Civil Procedure Rules 1998 and their utility within family proceedings, and on practical matters from the pre-action stage to disposal.

    Justification of Discrimination in Employment (October 2011) - Broadway House Chambers' annual Employment Law Seminar, Crowne Plaza Hotel, Leeds (with Sharn Samra). Further discussion of the topics analysed in "All Animals Are Equal".

    "All Animals Are Equal" - Justifying Discrimination In Tough Times (February 2011, Broadway Quarterly) - An analysis of discrimination law, particularly the requirement for objective justification in indirect discrimination cases (and direct age discrimination cases) following the EAT's judgments in Cross v British Airways [2005] IRLR 423, Woodcock v Cumbria PCT [2011] IRLR 119 and Cherfi v G4S Security Services (2011) UKEAT 0379/10/2405.

    Equal Pay and the Equality Act 2010 (October 2010) - Broadway House Chambers' annual Employment Law Seminar, Crowne Plaza Hotel, Leeds (with Matthew Rudd). A discussion of the scope and potency of the reforms to equal pay law as consolidated in the Equality Act 2010, the most important piece of anti-discrimination legislation introduced in the UK for a generation.