STEPHEN BICKFORD-SMITH
Profession.
1. Barrister, member of the Bar of England and Wales
2. Arbitrator and Dispute Resolver.
Qualifications: MA (Oxon); Barrister; FCIArb; Chartered Arbitrator.
Qualified Mediator.
Professional Address:
Landmark Chambers
180 Fleet Street
London EC4A 2HG
Phone: 020 7430 1221. Direct Line 020 7421 4220
Email: sbsmith@landmarkchambers.co.uk
Stephen’s core expertise is in Property and Construction Law. He advises a wide
variety of clients including developers and local authorities on property matters
and development issues, and has appeared in many reported cases. He is
named in the Legal 500 as a leading junior in property litigation.
In the specialist area of party walls, he appeared in Zissis v Lukomski,
(March 2006) in which the Court of Appeal clarified both which courts have
jurisdiction over appeals from Party Wall awards and the grounds on which such
appeals can be made. In Reeves v Blake (Court of Appeal June 2009,) he
successfully argued that surveyors appointed under the Party Wall etc Act 1996
have no power to direct payment of costs incurred for the purpose of actual or
contemplated litigation in court to enforce common law or equitable remedies,
such as damages or an injunction for trespass or nuisance or the threat of them.
In Kelliher v Ash Estates (July 2013) he represented the successful party in a
contested claim for debonding of plaster, subsidence and general damage
caused by works to an adjacent property.
In the field of rights of light, Stephen appeared for the successful parties in
the ground-breaking cases of Regan v Paul Properties Ltd, (Court of Appeal,
September 2006) and HXR (UK) v Heaney (High Court September 2010) which
established that the normal remedy for infringement of rights of light is
injunctive relief. In both cases mandatory injunctions were granted requiring
parts of buildings to be demolished.
In RHJ v Patten
(Court of Appeal
March 2008) he appeared in another important case
where the Court
reviewed the scope of the proviso to section 3 of the Prescription Act 1832. In
Salvage Wharf Ltd v G & S Brough Ltd (Court of Appeal January 2009)
Stephen appeared (Led by Ashley Underwood QC) in another case raising the
same point, this time arising out of an agreement relating to the Birmingham
Cube development.
In construction law he has advised on and appeared in cases involving is fully
qualified as an arbitrator and mediator.
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He is a fellow of the Chartered Institute of Arbitrators and a Chartered
Arbitrator. He is also a construction adjudicator. He is currently a member of the
following panels:
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Chartered Institute of Arbitrators panel of arbitrators.
Chartered Institute panel of adjudicators.
TECBAR panel of arbitrators.
TECBAR panel of adjudicators.
TeCSA panel of adjudicators.
Law Society Panel of arbitrators.
ABTA Arbitration Scheme Panel administered by CEDR Solve.
Property Arbitration Panel of the Dispute Arbitration Service of the
Chartered Institute of Arbitrators
KLRCA Mediation and Arbitration Panels
He has been a fellow of the Chartered Institute of Arbitrators since 1981 and is a
Chartered Arbitrator. He has published in excess of 300
awards covering a
wide spectrum of disputes in property, construction, contract and commercial
financial services and package holiday fields.
In the last 3 years
he has
issued over 20 awards (not counting procedural decisions) in contested cases,
including:
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5 awards in a complex dispute relating to M & E services, dealing with
contractual issues, delay claims, and assessment of costs .
A dispute between a lender and borrower, the underlying issues relating
to a port in Russia.
A dispute between English and Italian partners in a real estate joint
venture agreement
Stephen is
increasingly involved in international arbitration.
In the same period he has made numerous decisions
as adjudicator under
the Housing Grants Construction and Regeneration Act 1996.
These have
included disputes relating (amongst many other points) to:
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Interpretation of contractual terms.
Whether terms have been incorporated in to contracts.
Delay/Extension of time/liquidated damages.
Valuation of variations.
Loss and expense.
Stephen believes that adjudication should be a speedy process and is ready to
meet the 28 day deadline required by adjudication even in complex cases, by
adopting appropriate technology (email, Skype, electronic evidence etc) and
rearranging other commitments as required.
Dispute Resolution-Mediation
He is a qualified mediator and has successfully
mediated a wide variety of
disputes.
He regularly participates as a professional in
the annual
International Commercial Mediation Competition organised by the International
Chamber of Commerce in Paris in February each year.
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Personal Information
Professional bodies:
 Bar of England and Wales (and member of Inner Temple)
 Chartered Institute of Arbitrators.
 London Court of International Arbitration.
 TECBAR.
 Society of Construction Arbitrators.
 Property Bar Association.
 Professional Negligence Bar Association.
 Chancery Bar Association;
Principal Degrees and Qualifications
MA in Jurisprudence (Oxford University)
Barrister (Called to the Bar 1972)
Fellow (by examination) of the Chartered Institute of Arbitrators
Chartered Arbitrator.
Qualified Mediator.
Other information
Governing Bencher of the Inner Temple.
Past Chairman of the London Branch of the Chartered Institute of Arbitrators.
Languages
French, Italian, some German.
1st February 2014
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