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Home // Barristers // Marion Smith QC
“Provides first-rate advice which considers the client’s objectives throughout.”
Chambers & Partners 2020
“She is able to distil complex themes and extensive documentation into something that is unfailingly understandable.”
“An outstanding speaker and advocate”
The Legal 500 2020
Marion Smith QC specialises in complex, high value commercial and construction disputes for UK and international clients.
She has extensive experience litigating matters before domestic courts and tribunals as well as in international arbitration where she has appeared before institutional and ad hoc tribunals, including under the Rules of the ICC, LCIA, LMAA and the UNCITRAL Arbitration Rules. She has significant expertise in arbitrations where the law of the contract is not the law of England & Wales. She is a TECBAR accredited adjudicator. She has been appointed as adjudicator, sole and co-arbitrator and as an expert determiner and has provided expert evidence in foreign proceedings on English law.
Marion is Deputy Chair of the Board of Trustees of the CIArb and a Vice-Chair of the International Committee of the Bar Council. She is a Visiting Senior Lecturer in the School of International Arbitration, in the Centre for Commercial Law Studies, Queen Mary University of London and a Professional Fellow of Aston University. She is a contributor to the Global Arbitration Review Guide to Construction Arbitration.
Marion is ranked in Chambers and Partners and the Legal 500 for Construction and Professional Negligence and in Chambers Global and the Legal 500 Asia Pacific for Construction.
Marion was junior counsel to the Commissions of Enquiry before Sir Antony Colman into the collapse of Colonial Life Insurance Company (Trinidad) Limited, CLICO Investment Bank Limited, British American Insurance Company (Trinidad) Limited and other entities in the CLF Financial Group and the Hindu Credit Union Co-operative Society Limited. She was admitted to the Bar in Trinidad & Tobago for these cases.
As a result of her involvement in the CLICO and HCU Enquiries she has extensive forensic experience in examining, analysing and reviewing:
Marion has also recently:
“Impressive in terms of her speed of response, she takes a commercial approach and has the ability to work as a member of the dispute team.” Chambers & Partners
“user friendly with a well-trained eye for detail” Legal 500
Marion has wide-ranging experience of both advisory and contentious work. She has dealt with interlocutory disputes, and first instance and appellate hearings. A substantial part of her practice takes place in arbitration, and in assisting in litigation in the courts of foreign jurisdictions. In addition to her specific sector experience illustrated separately, the general commercial matters and contracts she has dealt with recently include:
Loans and guarantees
Product distribution and agency
Sale of Goods
Service Agreements
Share Purchase
Waste disposal and environmental indemnities
Marion has advised and acted for companies, developers and local authorities in relation to the construction and implementation of long-term waste disposal agreements and remediation of contaminated land.
Professional Negligence
Marion has many years’ experience acting and advising in professional negligence claims: making and defending claims of negligent, unethical and irresponsible conduct by professionals. She acts for defendants and their insurers, and for claimants whether individuals or businesses in a wide variety of commercial contexts. Whatever the claim, and whoever she is acting for, Marion gives clear and practical advice to her clients, reflecting her appreciation of the financial, personal and commercial risks they face. Her recent work has included:
Relevant sector experience is set out in:
Civil fraud takes many forms. For many companies the biggest threat comes from within: from the fraudulent conduct of its own management or employees, agents or intermediaries. Marion has been involved in many such cases. She provides thorough, swift and tactical advice. She has experience of claims in deceit, conspiracy, misrepresentation and restitution, for money laundering and breaches of fiduciary duty as well as accessory liability for dishonest assistance and receipt. The fraud matters she has dealt with recently include advising and acting for:
“Experience representing domestic and international clients.” Legal 500
“She provides very strong support.” Legal 500 Asia Pacific
“She is forceful, provides clear and concise advice, and has a no-nonsense approach.” Chambers & Partners
“Recommended for large-scale construction disputes” Legal 500
Marion works with, advises and represents employers, main contractors, sub-contractors and construction professionals in a broad range of construction sectors including bridges and roads, housing and retail, hotels and leisure, hospitals and rail. She also deals with yacht and power-boat building disputes. She has been involved in disputes involving many standard form contracts including JCT standard forms, NEC, FIDIC and derivative agreements as well as bespoke contracts. She has in-depth experience of PFI/PPP contractual arrangements in the UK. She is a regular speaker at international conferences on dispute resolution and construction issues including in 2019 speaking at GAR Live Dubai and the SCL Singapore Annual Construction Law Conference.
In addition to her specific sector experience illustrated below, the construction matters she has dealt with recently include:
Construction and Engineering
Professional Negligence
Construction related professional negligence is a significant part of Marion’s practice. She has acted both for and against professionals in claims involving complex and difficult issues relating to liability, causation and loss. Her recent cases include:
Relevant sector experience is set out in:
In addition to her experience in professional negligence matters, Marion is instructed in professional liability actions and arbitrations and regulatory matters. She has also sat as a Visitor and as a member of the BSB’s Disciplinary Tribunal. Recently the matters she has been instructed in include:
Appearing in an appeal to the Visitors by a barrister on an appeal against a finding of professional misconduct and a 12 month suspension.
‘A popular choice for Asian power station construction disputes.’ The Legal 500 2018
Marion’s practice involves advising and acting in international and domestic disputes in the energy sector. Her recent workload includes:
Marion is instructed by major insurance companies in building loss and business interruption policies involving property damage (particularly fire and flood). She has recently represented the following claimants in various TCC proceedings:
She regularly advises and appears for and against insurers in disputes over policy wording and interpretation and relating to material non-disclosure, misrepresentation and fraud. She has recently advised in a subrogated claim in the TCC as to the scope of professional indemnity insurance coverage and insurers’ liability for defence costs and expenses of the claim and Part 20 claims.
Marion advises on a variety of complex construction, redevelopment and infrastructure projects to public and private sector clients including recently advising and acting for:
Marion’s media and entertainment practice has developed from being predominately film based, to encompass music, sport, television, theatre, fashion and publishing. She has carved herself a niche advising media businesses on their commercial contracts in areas such as acquisitions, agency and distribution. She advises at all stages of the contractual life-cycle, whether reacting to a breach of contract or negotiating the deal. She also advises individuals in the industry including a number of recording artists on the terms of both their recording and management contracts. Marion has an extensive knowledge of film and music industry practice and the commercial and contractual concerns of such industries.
The retail sector needs commercially focussed legal advice, provided clearly and quickly. Through her extensive practice in this sector, Marion has an in-depth operational understanding of the retail sector and the challenges and pressures it faces. She regularly advises individuals and businesses in their negotiations with suppliers, store acquisitions and construction and how to protect their business through the courts.
Her clients are drawn from a broad range of retail sectors: from fashion to food. Marion is also frequently invited to lecture on commercial contracts including franchising, outsourcing and IT, in the UK and abroad. The recent matters she has been involved with include advising and acting for:
Marion has over 20 years’ experience of shipping matters, starting in a specialist shipping set with charter party, marine insurance and carriage of goods disputes and now focused on yacht and power-boat building disputes. Her client base is both domestic and international. Her recent work includes a number of substantial claims in arbitration and litigation including advising:
She was also appointed as expert on English law by the defendant supplier in proceedings in Luxembourg and France arising out of the supply of specialist materials for prototype yachts.
Marion is recommended for Construction in Chambers & Partners and for Construction Law and Professional Negligence by the Legal 500. She is also ranked in Construction in the Legal 500 Asia Pacific.
“An absolute pleasure to work with and very on the ball, she knows her stuff and is very good with clients.” “Provides first-rate advice which considers the client’s objectives throughout.” “She gets to grips with the paper quickly, is really client-focused and actually very commercial too.” Chambers UK 2020
“Experience representing domestic and international clients.” Legal 500 2020
“She is able to distil complex themes and extensive documentation into something that is unfailingly understandable.” Legal 500 2020
“Technically superb, great at very complex matters and very personable.” “She has a real no-nonsense approach that is delivered with elegance. She immediately establishes good relations with the client and gets to the heart of a dispute.” Chambers & Partners 2019
‘Adopts a highly detailed approach that negates the possibility of unwanted surprises from opponents or tribunals.’ The Legal 500 2018
“She goes above and beyond. She provides no-nonsense commercial advice and is an excellent advocate”
“Marion has an extremely impressive ability to distil the issues and concisely set out cogent arguments. She is easy to work with and her knowledge of the law is impressive” Chambers & Partners 2018
‘A popular choice for Asian power station construction disputes.’ The Legal 500 Asia Pacific 2018
“She provides very strong support.” Legal 500 Asia Pacific 2017
“Strong upbeat advocacy style: she certainly has the court’s ear.” “She provides clear and concise advice and has a wonderfully no-nonsense approach.” Chambers & Partners 2017
A“quality silk” Chambers & Partners 2017
“She is so clear, so able and incredibly thorough.” “She’s very good at pushing the experts around to make sure that you don’t have loose positions.” Chambers & Partners 2016
“Recommended for her TCC experience” Legal 500 2015
“She is knowledgeable, very thorough, and good at communicating with clients, particularly those in the public sector.” Chambers & Partners 2015
“Recommended for large-scale construction disputes” Legal 500 2014
“User friendly with a well-trained eye for detail.” Legal 500 2014
“She is forceful, provides clear and concise advice, and has a no-nonsense approach.” Chambers & Partners 2014
“Impressive in terms of her speed of response, she takes a commercial approach and has the ability to work as a member of the dispute team.” Chambers & Partners 2014
“She’s very sympathetic to the client’s requirements and is very approachable.” Chambers & Partners 2014
“Always reliable” Legal 500 2013
“A very sensible approach to things” Legal 500 2013
“tremendous” Marion Smith has “been winning high praise this year from market observers. Solicitors appreciate her dedication to the cases on which she acts and the speed with which she works. They describe her as ‘very forthright in her opinions, highly responsive and tactically very good.’” Chambers & Partners 2013
“Construction work is an increasingly important aspect of her general commercial practice” Chambers & Partners 2013
“… whose ‘perseverance and determination are commendable and comforting to clients’.” Legal 500 2011
“commercially minded, pragmatic and brilliant at handling clients.” Chambers & Partners 2011
“Her commercial approach “provides a significant tactical advantage for clients” and “she has an immensely close attention to detail that enables one to see a case in quite a different way from first perceptions.’” Chambers & Partners 2010
Marion’s“advocacy is excellent” Legal 500 2009
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