Seamus Smyth

T: 0207 406 1050

E: SeamusSmyth@cartercamerons.com

Seamus Smyth is head of litigation and arbitration. His practice is primarily commercial with an emphasis on arbitration, financial services and work for South African and Italian clients.

Transactions

His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery action by a lender on a shared appreciation mortgage equity release – the only such case to go to trial).

Recently involved in enforcement of foreign arbitration awards, claims arising from the banking upheavals since 2007, a successful claim against a high street bank resulting from a banking error, a successful claim against estate administrators and their solicitors for wasting the estate funds on irresponsible litigation and the recently-reported case of RRY v NKX [2025] EWHC 41 (Comm), dealing with time-limits in  connection with applications under S68 and S69 of the Arbitration Act 1996.

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Educated (BA, LLB, Wits) and first qualified as an attorney in South Africa, he requalified in England in 1977, took an LLM at UCL and a Diploma in International Arbitration at QM, and became an FCIArb. He is chairman of the British South African Law Association (for the second time), chairman of Michaelhouse UK Trust, chairman of Global Leadership Foundation (UK), a former President of the London Solicitors Litigation Association and Trustee and President of Town Malling Cricket Club (established in 1827!).  He was until 2012 a Visiting Senior Lecturer in International Commercial Arbitration at London Metropolitan University.  When work and domesticity permit he plays some cricket and more golf (but – which is immediately obvious – not nearly enough).

Graham Balchin

T: 0207 406 1040

E: GrahamBalchin@cartercamerons.com

Graham is a consultant solicitor in the litigation team and has specialised in professional negligence claims for over 20 years. He trained at Trowers & Hamlins, qualifying in 1992.

His recent successful cases include over 30 professional negligence claims arising out of an elaborate mortgage fraud, recovering over £5million on behalf of borrower/purchaser clients who have been defrauded into buying substantially overvalued “buy to let” properties.

He has also acted for a group of investors who had purchased properties ‘off plan’ in the Philippines that were either not built or were sold twice. In this case the investors brought successful claims against the negligent solicitors who failed to ensure that the purchase contracts were backed with the promised performance bonds that should have protected the buyers from default by the developer.

He has also acted in various other professional negligence matters, relating to solicitors, barristers, valuers/surveyors, accountants, financial advisors, banks and insurance brokers.

Graham takes pride in providing clear, concise and practical advice and is regularly contacted to offer expert comment on media reports relating to professional negligence and property.

He is on the register maintained by the London Solicitors Litigation Association of solicitors with experience of supervising and executing civil search orders.

Transactions:

Reported cases and cases of interest include:

  • Laib v Aravindan [2003] EWHC 2521 QBD, The Times [13/11/2003] – Claim against solicitors for loss of chance to pursue a negligence claim against a mortgage lender involving complex issues relating to limitation.
  • Vinayak v Lovegrove & Eliot [2007] EWHC 9009 – Claim against solicitors arising out of failure to advise that break clauses in leases could only be exercised by original lessee. Court held that losing solicitors could not compel disclosure of conditional fee arrangement.
  • Tavistock Repertory Guarantors Ltd v Gregory Rowcliffe Milners HQ02X2325 – Claim against solicitors who lost client the right to renew lease of theatre premises resulting in agreed damages of £2,020,000. This is believed to be possibly the highest sum ever recovered from a solicitor who has acted “pro bono.”
  • Ayton v RSM Bentley Jennison [2014] QBD Lawtel – Held defendant in fraud and negligence claim not entitled to rely on defence of tender before claim (action), which is a defence still only available in liquidated claims.

Memberships:

Professional Negligence Lawyers Association

Leisure:

Shooting, badminton, skiing and motorcycling.