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Roger Smithers

Roger Smithers

  • Called to BAR: 1990
  • Landlord & Tenant (Property)
  • Professional Negligence
  • Property, Chancery & Trusts

Summary

Roger practices in the following specialist areas: Property Wills, Trusts and Probate Commercial Professional Negligence

Specialist areas of law include

  • Landlord & Tenant (Property)
  • Professional Negligence
  • Property, Chancery & Trusts

Profile description

Property

Contracts for the sale of land, misrepresentation, rescission, specific performance and other claims or remedies for breach of contract.

Extent of registered title and rectification of the Land Register, effect of pre-registration deeds and plans. Notices and Restrictions on the Register.

Adverse possession and boundary disputes, rights of way, and restrictive covenants. Easements and profits over land (and other property such as rivers).

Interests in land claimed by virtue of proprietary estoppel. Leases and mortgages, including private legal charges.

Advice and interpretation in respect of statutory powers granted to local (and other authorities) to licence private acts in or on public property such as rivers.

Residential tenancies under the Housing Act 1988 and Business Tenancies under the 1954 Landlord and Tenant Act. Actions for possession, rights and remedies of landlord and tenant under the 1954 Act. Dilapidations.

Advice and conduct of applications to the court (or opposition to such ) by a trustee or beneficiary for a declaration as to beneficial interests and/or an order for sale of property subject to the 1996 Trusts of Land etc. Act.

Wills, Trusts and Probate

Contentious probate; the validity of wills, formalities and equitable bars such as undue influence and testamentary incapacity. Non-contentious probate; advice and proceedings in the Registry. Advice as to the impact of Inheritance Tax on estate planning. Deeds of Variation.

Interpretation and advice as to the meaning and/or the effect of intended or existing express trust schemes for settlors, trustees, and beneficiaries. Impact in general terms of tax considerations. Constructive trusts imposed by considerations of e.g. estoppel.

Advice and conduct of applications under the Inheritance (Provision for Family etc). Act 1975 (or resisting the same).

Commercial

Advising on the effect of contracts or their particular terms and any associated remedies. Some Intellectual Property: general advice as to subsistence and infringement of rights held under copyright, design right or trade mark law.

Company voluntary arrangements, adjustment of prior transactions by insolvent companies or companies in liquidation. Personal insolvency: Individual Voluntary Arrangements, statutory demands, debtor and creditor petitions. Conduct of trustees and applications for annulment. Procedure under the Insolvency Rules.

Drafting including Deeds (and Deeds of Variation). Amending draft contractual terms, and leases with advice as to the effect of original and amended provisions.

Professional Negligence

Advising on claims against solicitors and surveyors who have given wrong advice; advising as to evidence and the quantum of damages.

Testimonials

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

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Contact Roger today
  • Go direct to save on solicitors’ fees
    Go direct to save on solicitors’ fees
  • We’ll find the right barrister for you
    We’ll find the right barrister for you
  • 1000+ barristers: all direct access specialists
    1000+ barristers: all direct access specialists
  • Save up to 42% with fixed costs
    Save up to 42% with fixed costs
    • Roger Smithers
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