Bethany Smith

Bethany accepts instructions on matters involving:

• commercial fraud, asset tracing and recovery
• applications for injunctive relief
• business and consumer contract claims
• money claims
• company law, debt and insolvency
• intellectual property (soft)
• data protection
• other common law

Bethany’s experience in this area includes:

• led in preparing detailed submissions and dealing with procedural matters in a high-value LMAA arbitration involving a debt claimed under an oil rig construction and sale contract
• led in making a series of successful applications to the High Court, securing orders for disclosure, property preservation and asset freezing in a multiparty claim involving suspected undervalue transactions across jurisdictions
• sole counsel in securing a stay of enforcement before the High Court
• advised on the merits and achieved settlement of a business loan debt claim
• advised on the merits of a consumer claim against a large energy provider
• advised on a business-to-business dispute regarding the enforceability of contract terms and possible breach of contract in a design and construction project
• advised and assisted clients on debt enforcement methods
• worked on complex disclosure in a large claim in the gambling industry
• appeared in contested allocation hearings in connection with consumer lending
• appeared and successfully defended a large retailer in various hearings of consumer claims
• appeared in winding-up petitions and related injunctive relief applications, including advising on a shareholder dispute in the context of ‘just and equitable’ winding up
• prepared a defence to a claim alleging breach of contract and fiduciary duty in the context of the sale of an artwork
• drafted particulars and advised on a breach of contract and negligence claim in a home renovation dispute
• advised on company law and privacy matters including incorporation, shareholder agreements, articles of association, dissolution, deadlock, director removal, data protection policies and data sharing agreements.

Bethany accepts instructions on matters involving:

• arbitration conducted according to LMAA Terms
• LCIA arbitration
• other institutional and ad hoc arbitration

Bethany’s experience in this area includes:

• led in preparing detailed submissions and dealing with procedural matters in a high-value LMAA arbitration involving a debt claimed under an oil rig construction and sale contract
• sole counsel in preparing submissions in a cargo claim involving jurisdictional challenges and estoppel
• assisted with drafting submissions in an arbitration involving the proper construction of an arrest proviso in an off-hire clause under a charterparty
• assisted with preparing an award in an LMAA arbitration in connection with a ship sale contract dispute
• assisted with preparing procedural orders in an LMAA arbitration in connection with a dispute arising under an agreement for the construction and delivery of a yacht

Bethany accepts instructions on matters involving:

• charterparties and bills of lading
• shipbuilding or sale contracts
• cargo claims
• demurrage and detention
• unsafe berth/port
• other financial and contractual claims
• other shipping matters, wet and dry

Bethany’s experience in this area includes:

• led in preparing detailed submissions and dealing with procedural matters in a high-value LMAA arbitration involving a debt claimed under an oil rig construction and sale contract
• led in providing detailed advice on off-hire provisions in the context of a dispute arising under a charterparty
• sole counsel in preparing submissions in a cargo claim involving jurisdictional challenges and estoppel
• assisted with drafting submissions in a claim involving the proper construction of an arrest proviso in an off-hire clause under a charterparty
• assisted with preparing an award in an LMAA arbitration in connection with a ship sale contract dispute
• assisted with preparing procedural orders in an LMAA arbitration in connection with a dispute arising under an agreement for the construction and delivery of a yacht

Bethany accepts instructions on matters involving:

• consumer claims against air carriers
• transport regulatory compliance
• equality
• procurement and contracts
• data privacy
• green energy initiatives

Bethany’s experience in this area includes:

• appears regularly for commercial air carriers in consumer claims relating to delay, cancellation and disruption under the European regulatory framework
• provided detailed advice on the application of the CMR in road transport
• negotiated settlements in claims against carriers under the Equality Act 2010
• drafted multiple interlinked agreements for the implementation of hydrogen and electric buses and depot facilities
• assisted with CMI decarbonisation research on an international scale

Bethany accepts instructions on matters involving:

• intellectual property, licensing and ARR
• fraud, asset tracing and restitution
• questions of provenance
• negligence, bailment and contract claims
• debt and insolvency
• other matters of a commercial or contractual nature arising in the art industry

Bethany’s experience in this area includes:

• seconded to Wedlake Bell focusing on commercial issues (contentious and non-contentious) arising in the context of art and luxury items
• advised on claims involving missing artworks, with issues spanning negligence, bailment, and breach of contract, including early-stage litigation strategy, taking witness evidence and settling statements
• supported the settlement of a historically significant art restitution claim, drafting interlinked agreements involving a purchaser, gallery, art advisor and collector’s heirs
• assisted with handling contractual and intellectual property disputes on behalf of a well-known artist and designer concerning a major project in the Middle East
• drafted and advised on sale, purchase and commission agreements for a museum project, including international copyright analysis and the preparation of licensing documentation
• advised artists on debt recovery and gallery insolvency, including preparing statutory demands and interparty correspondence
• engaged in correspondence with Trading Standards regarding alleged misrepresentation and intellectual property infringement by art dealers
• engaged in detailed research and advice on Artist Resale Rights (ARR) and associated recovery of payments
• prepared a defence to a claim alleging breach of contract and fiduciary duty in the context of the sale of an artwork