Bethany Smith

Bethany accepts instructions on matters involving commercial fraud, asset tracing and recovery, as well as company law, debt and insolvency.

Working closely with senior counsel, Bethany was successful in making a series of applications to the High Court for disclosure, property preservation and asset freezing. Bethany has also advised clients on debt enforcement by way of the entry of restrictions against company property, and has appeared as sole counsel in connection with winding-up petitions and related injunctive relief applications before the High Court.

Bethany completed a three-month secondment with Wedlake Bell LLP focusing on commercial issues arising in the context of art and luxury items, including intellectual property disputes, debt claims, misrepresentation claims, matters of provenance and heritage, and the pursuit of missing or stolen artwork.

Whilst living in New York, Bethany interned for The Honourable Robert E. Gerber of the U.S. Bankruptcy Court, S.D.N.Y., who presided over the General Motors bankruptcy.

In light of her multijurisdictional education and background, Bethany is uniquely placed to assist with international arbitration proceedings, particularly those invoking questions of both English and U.S. federal or New York state law.

During pupillage Bethany assisted in a range of complex international arbitration matters including ship sale, bills of lading and charterparty disputes, as well as disputes involving questions of jurisdiction and sanctions in the context of finance and trade. Bethany has since acted as sole counsel in cargo claims including drafting pleadings and advising on strategy in defending a jurisdictional challenge. Bethany also takes a keen interest in the development of greener initiatives in shipping and has assisted with CMI decarbonisation research on an international scale.

Bethany is familiar with various forms of institutional arbitration, as well as ad hoc proceedings, with particular experience working on LCIA arbitrations and those governed by LMAA Terms.

Bethany has advised on a range of road transport matters including regulatory compliance, safety and equality, green initiatives, concessionary travel schemes, and the application of the CMR to contracts for the carriage of goods internationally by road.

Bethany also regularly represents commercial air carriers in responding to consumer contract claims relating to delays, cancellations and disruption during carriage. Bethany is well-versed in the applicable European legislative and regulatory framework.

Bethany has advised on claims involving missing artworks, with issues spanning negligence, bailment, and breach of contract, including early-stage litigation strategy and witness work. Bethany has also supported the settlement of a historically significant art restitution claim, coordinating multiple parties and drafting interlinked agreements involving a purchaser, gallery, art advisor, and collector’s heirs.

Bethany has assisted with handling contractual and intellectual property disputes on behalf of a well-known artist & designer concerning a major project in the Middle East. She has also engaged in non-contentious matters including drafting and advising on sale, purchase and commission agreements for a museum project, including international copyright analysis and the preparation of appropriate licensing documentation.

Bethany has advised artists on debt recovery and gallery insolvency, including preparing statutory demands and interparty correspondence. Bethany has engaged in pre-action correspondence with Trading Standards regarding misrepresentation and intellectual property infringement by art dealers, and has engaged in detailed research and advice on Artist Resale Rights and associated recovery of payments.