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England - London Bar
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Family: private FDR judges and arbitrators

Gavin Smith

Gavin Smith

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1 Hare Court

‘Top financial remedy set’ 1 Hare Court is well-renowned for its alternative dispute resolution services, and is notably home to Nigel Dyer KC, who exclusively acts as a PFDR judge. ‘The very measured and considered’ Geoffrey Kingscote KC predominately focuses on matrimonial financial remedy matters, and is particularly strong in cases surrounding nuptial agreements, offshore trusts, and issues of non-disclosure. Joint head of chambers Nichola Gray KC is lauded as an ‘excellent strategist and tactician’, and frequently sits as a PFDR judge; she boasts particular strength in cases surrounding trusts and hidden or offshore assets. Among the set’s juniors, Gavin Smith is a key name as an ‘excellent’ family financial arbitrator and PFDR evaluator, and Tom Carter also specialises in financial remedy cases, with a particular emphasis on complicated asset structures, offshore trusts, and allegations of non-disclosure; he is praised as ‘a fantastic PFDR judge’.
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020 7797 7070
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[email protected]
Profile
1hc.com

Profile

Position

Gavin Smith has three decades’ experience as a specialist family law barrister, dealing with all types of financial remedy proceedings following relationship breakdown.

Gavin now focusses full time on his established practice as an arbitrator and private FDR evaluator.  In DB v DLJ [2016] EWHC 324 (Fam), Mr Justice Mostyn referred to Gavin’s arbitration award as ‘a thorough, conscientious and clear piece of work. Its quality is a testament to the merit of opting for arbitration.’

Gavin is available to undertake arbitrations of all kinds, from single-issue disputes to those involving the full range of financial remedy claims, and from high value cases to ones where the parties’ resources are modest.

He is also an experienced private FDR evaluator, assisting couples on separation by giving them an assessment of the likely outcome in their case, and thus providing them with a basis for a negotiated settlement.

Gavin sits as a Deputy District Judge in the Financial Remedies Court on the Midland Circuit, where he has been authorised to hear the more complex cases.

Notable cases:

  • BC v BG [2019] EWFC 7: January 28, 2019 (as arbitrator)
  • DB v DLJ (financial provision: arbitral award)  [2016] EWHC 324 (Fam), [2016] 2 FLR 1308 [2016] 1 WLR 3319: February 24, 2016 (as arbitrator)
  • Vogel v Lothschütz [2014] EWHC 473 (QB), (QBD)(LTL 30/1/2014): January 24, 2014
  • S v S [2014] EWHC 7 (Fam), [2014] 1 FLR 1257 [2014] 1 WLR 2299: January 14, 2014 (as arbitrator)
  • Gourisaria v Gourisaria [2010] EWCA Civ 1019,[2011] 1 FLR 262; August 13, 2010
  • NA v MA [2006] EWHC 2900 (Fam), [2007] 1 FLR 1760: November 24, 2006
  • TL v ML and others [2005] EWHC 2860 (Fam), [2006] 1 FLR 1263: December 09, 2005
  • Chorley v Chorley [2005] EWCA Civ 68, [2005] 2 FLR 38, CA: January 12, 2005
  • C v C (Brussels II: French conciliation and divorce proceedings) [2004] EWHC 1959 (Fam), [2005] 2 FLR 14: June 28, 2004
  • Mubarak v Mubarik [2004] EWHC 1158 (Fam), [2004] 2 FLR 932: May 14, 2004
  • Dharamshi v Dharamshi [2001] 1 FLR 736, CA: December 05, 2000
  • Roker International Properties Inc v Couvaras [2000] 2 FLR 976: August 17, 2000
  • Abdi v Jama [1996] 1 FLR 407, CA: May 25, 1995

Publications:

  • At A Glance: Essential Tables for Financial Remedies (annual)
  • At A Glance Cloud
  • Financial Remedies Practice (annual)
  • FamilyArbitrator.com
  • Rayden and Jackson, 18th and 19th editions
  • Halsbury’s Laws of England, 4th edition reissue: Vol 29(3), Matrimonial Law
  • Enforcing Financial Orders in Family Proceedings

Career

Called 1981; Middle Temple

Languages

French; working knowledge German.

Memberships

  • Family Law Bar Association
  • Resolution
  • Member of the Chartered Institute of Arbitrators
  • Forum of Family Arbitrators
  • Institute of Family Law Arbitrators

Education

Downside School; Corpus Christi College, Oxford (MA).

Content supplied by 1 Hare Court

Testimonials

Collated independently by Legal 500 research team.

  • 'Steve McCrone is exceptional, as is Daniel Barnett. Both are always very responsive and helpful.'
  • 'Daniel Barnett is excellent.'
  • 'A first-rate service from a first-rate clerk's room. All are helpful and informative.'
  • 'Pre-eminent set with strengths across the board. Excellent pFDR evaluators and clever opponents.'
  • '1 Hare Court is one of the leading financial remedy sets in the country. They have the strongest team of silks at the Bar and very good juniors at every level. They deserve their plaudits and the creation of a hearing room is a great development so that they can host private FDR hearings and arbitrations.'
  • 'All the clerks are approachable and responsive.'
  • '1 Hare Court have an excellent selection of senior junior barristers and silks.'
  • 'A very slick and well organised set.'