Specialist Barristers at Alexander Chambers
- Roger Smithers
Member of the Royal Society of Chemistry
BSc PhD (University of London) (Chemistry)
Called to the Bar 1990
Dr Roger Smithers is a member of the Chancery Bar Association and specialises in property matters including trusts law, wills and probate, family provision, insolvency law matters, professional negligence.
Roger Smithers has Land law and interests in Land such as leases, mortgages and charges, restrictive covenants, easements and adverse posession. Roger Smithers also advises on all property matters relating to health and social care buildings and interests, disputes over sales and negligent mistatements, and he additionally advises in and acts in Court of Protection matters, and clinical negligence law.
Roger Smithers also undertakes some intellectual property work, and work with a technical or scientific content.
He is able to provide general advice as to the impact of taxation such as Inheritance Tax.
His practice in these areas embraces contentious and non-contentious matters, and he has excellent experience in representing parties at mediation.
Roger Smithers regularly lectures to solicitors at seminars which include topics such as insolvency and other property related issues of interest in ancillary relief cases.
Roger Smithers came to the Bar from an earlier career as a University Lecurer.
[VAT Number: 614 6359 40]
Real Property and Land Law
Roger Smithers' legal practice includes: Contracts For Sale, Contract Misrepresentation, Contract Rescission, Specific Performance and claims for Remedies for Breach of Contract. He also deals with leases and mortgages and has advised and represented local authorities, statutory authorities, housing associations, lenders, and individuals regarding bringing or defending claims over land (and rivers), involving rights as owners absolute, adverse possessors, landlords, tenants, as the holders of easements of one kind or another, as licensing authority, as mortgagor or mortgagee, or which involve restrictive covenants.
Roger Smithers has much experience of both High Court and County Court work arising from applications for the recovery of land (residential an commercial property), orders for sale of charged or mortgaged property, and for declaratory relief in respect of boundaries. He has also been involved in Lands Tribunal applications, Judicial Review of local authority decisions, and has represented parties before the Adjudicator to the Land Registry.
Roger Smithers will advise lay clients, care home proprietors, hospitals, local authorities, the NHS, and the residential sectors on all matters relating to property and interests in land and the formation of trusts, and disputes over land, property interests, wills and trusts.
Trusts Law and Trusts of Land
Roger Smithers advises settlors, trustees and beneficiaries as to the meaning of trust instruments, and regularly undertakes work on matters with a constructive/resulting trust or estoppel type aspect. He has considerable experience of application of the principles in this area to family property. He advises on incapacity and the validity of family and personal Trusts.
Roger Smithers has dealt with many matters for Claimants and Defendant involving applications to the court for the sale of or declarations as to beneficial ownership in co-owned property.
Wills and Probate
Roger Smithers has advised and represented executors, trustees and beneficiaries in various matters of Contentious Probate; the validity of wills, formalities and equitable bars such as undue influence and testamentary incapacity. He is also familiar with Non-Contentious probate, giving advice as to the proceedings in the Registry.
Roger Smithers has worked on cases in the High Court and County Court involving Company Voluntary Arrangements, adjustment of prior transactions by insolvent companies or companies in liquidation, winding up petitions, and directors disqualification applications. He is very familiar with Individual Voluntary Arrangements, bankruptcy, statutory demands, and debtor and creditor petitions.has advised and represented executors, trustees and beneficiaries in various matters of Contentious Probate; the validity of wills, formalities and equitable bars such as undue influence and testamentary incapacity. He is also familiar with Non-Contentious probate, giving advice as to the proceedings in the Registry.
Professional Negligence Law
Roger Smithers is regularly instructed by firms and by individuals in relation to proceedings for or against solicitors, conveyancers, and surveyors (chartered or otherwise) in cases of allegedly wrong conduct.
Clinical Negligence Law
Roger Smithers is also frequently instructed by law firms in relation to proceedings against clinicians, hospitals and clinics, as part of his professional negligence work.
Court of Protection Law
Roger Smithers also has considerable practical experience in the Court of Protection acting for Attorneys in numerous matters involving Registration of the Power, Statutory Wills and other aspects of the relationship between an Attorney and the Patient under the Mental Capacity Act 2005. He also deals with issues concerning capacity, patients' bests interests, duties of Donees with Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs), and general financial matters relating to care.
Contact us in confidence without obligation on 0845 652 0451 if you would like to speak to Roger Smithers about your case.