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England

Arbitrators

Harry Smith

Harry Smith

Position

Harry is a leading junior for construction and professional negligence disputes. Known for being “Excellent on paper and on his feet”, he is highly in demand as counsel for substantial TCC litigation, First-Tier and Upper Tribunal proceedings involving the Building Safety Act 2022, arbitrations and adjudications. Described by Chambers & Partners and the Legal 500 as “extremely bright”, “tenacious and ferocious” and “an exceptionally capable barrister”, his recent recommendations include:

“his work product is excellent and his advocacy is a pleasure to watch”.

“excellent technically, both on paper and on his feet”

“His written advice is stellar, matched by his skills in court. Would not hesitate to put Harry’s intellect against any other more senior member of the Bar.”

A significant proportion of Harry’s work involves the Building Safety Act 2022. He acted for the successful applicants in The Central, 163-165 Iverson Road in late 2024, concerning an application for a Remediation Order under s.123 in the First-Tier Tribunal, and he is currently instructed as junior counsel in TCC proceedings involving applications for Building Liability Orders and product liability claims under s.149. Harry is highly experienced in bringing and defending cladding and other fire safety claims.

In addition, Harry has extensive experience of contested adjudication enforcement hearings including, recently, the combined Part 8 trial and Part 7 summary enforcement hearing in Morganstone v Birkemp [2024] EWHC 933 (TCC). Other adjudication cases in which Harry has acted include Aqua Leisure International Ltd v Benchmark Leisure Ltd [2021] BLR 150; Croudace Homes Ltd v PRB Wiring Solutions Ltd [2020] EWHC 2139 (TCC); Synergy Gas Services v Northern Gas Heating Ltd [2019] 1 BLR 132; and JonJohnstone Construction Ltd v Eagle Building Services Ltd [2017] EWHC 2225 (TCC).

Other highlights of Harry’s recent instructions include the Cambridge Guided Busway litigation, involving claims for c.£90m arising out of defects in the busway; Northumbria Healthcare NHS Foundation Trust v Lendlease Construction (Europe) Ltd & Others, a claim for c.£150m concerning defects in Northumbria Specialist Emergency Care Hospital selected as one of The Lawyer’s Top 20 Cases of 2022; and his appearance as junior counsel for the successful respondent in the Court of Appeal in the Herons Court litigation, concerning the duties owed by building inspectors.

Harry has experience of all major standard forms including the JCT, NEC and FIDIC, and is a contributor to the current editions of Keating on Construction Contracts.

Career

Called to the Bar (2014); Pupil, Keating Chambers (2014 – 2015); Tenant, Keating Chambers (2015).

Memberships

SCL; TECBAR; Procurement Lawyers’ Association

Education

University of Warwick, Law LLB (First Class); City University, Bar Professional Training Course.

Leisure

Harry is a keen pianist and has a particular interest in improvisation techniques. When he is not improvising, he enjoys playing everything from Beethoven to Fats Waller. He is currently working on Chopin’s Aeolian Harp étude.

Mentions

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