Dan Smith Partner

Contact details

Dan Smith

Dan Smith
Partner

T: +44 20 7809 2369 M: +44 7968 826 433 Email Dan | vCard Office: London

Dan advises on high-stakes commercial disputes and investigations, particularly in the areas of investment and finance, complex commercial litigation, contentious restructurings and insolvencies, and bribery and corruption. Dan develops comprehensive dispute strategies early in line with clients’ business objectives, and achieving those objectives through litigation or alternative dispute resolution.
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Dan regularly represents financial institutions, corporates, issuers, banks, bondholders, lenders, shareholders, investors, trustees, and related parties in major cross-border disputes, with a focus on High Court litigation, and on contentious regulatory and enforcement matters.

Dan also advises clients outside litigation, on risk prevention strategies, pre-dispute counselling and analysis, and internal and external investigations into fraud and other wrongdoing.

Dan has advised clients on a large range of cross-border disputes involving nearly two dozen jurisdictions throughout Europe, the Middle East, Africa, Asia, and the Americas. Dan is adept at formulating litigation and dispute-resolution strategies involving disputes in multiple jurisdictions.

Dan is a member of the LSLA and Transparency International, and has written numerous articles and commentary on leading cases and trends in litigation.  He also co-authored the UK section of the inaugural Insolvency Litigation guide published by Lexology’s Getting The Deal Through.

“Dan Smith is a fine lawyer who is always eager to explore different angles on a case and often comes up with good points that others might have missed.”

The Legal 500 UK 2022

  • Private equity
  • Corporate trusts
  • Finance litigation
  • Commercial litigation

Advising a CEO in relation to claims arising from the termination of his position in a private equity-backed business.

Advising a consortium of investors in relation to a dispute arising from the buy-out of their interests in a private equity-backed investment.

Advising a PE real estate business resisting claims designed to prevent completion of a US$2.5 billion acquisition.

Advising a PE house and its portfolio company resisting a claim for in excess of CHF70m for unpaid fees and management incentives arising from a termination of business relations.

Advising a wide variety of PE houses in relation to due diligence in relation to bribery and corruption in the context of acquisitions, and investigations into actual or suspected wrongdoing.

Advising a corporate trustee in relation to alleged misappropriation of assets by the issuer of publicly traded securities and related third parties.

Advising a corporate trustee in relation to a dispute arising from alleged Events of Default in a publicly-listed notes issuance.

Advising a consortium of bondholders in relation to a more than US$4 billion dispute in related US and UK court proceedings arising from Argentine sovereign bonds.

Advising a security agent in relation to a contested rectification claim by an issuer in relation to a series of £500+ million publicly-traded bonds.

Advising a major fund investor in relation to a dispute with a trustee regarding the construction of waterfall provisions in trust documentation.

 

More: Corporate trusts

Advising a cloud-based bank in relation to a c. €3bn dispute with its major investors.

Advising a major manufacturing company in relation to claims for unpaid corporate finance fees in the context of a public takeover.

Advising a PE house and its portfolio company resisting a claim for in excess of CHF70m for unpaid fees and management incentives arising from a termination of business relations.

Advising a major Saudi Arabian bank in relation to an approximately US$450 million claim brought in the English High Court by liquidators of a Cayman Islands company arising from the Al-Sanea/Al-Gosaibi dispute.

 

More: Finance litigation

Advising a major life sciences company in relation to a £200m+ dispute arising from supply of Covid-19 testing kits.

Advising a major life science company in relation to a c. £100m dispute relating to Covid-19 vaccinations.

Advising a seller of a business defending claims for breaches of warranties in relation to the sale of an EV business.

Advising a PE real estate business resisting claims designed to prevent completion of a US$2.5 billion acquisition.

Advising a global entertainment company and integrated merchant bank in relation to a claim by the previous employer of key personnel.

Advising a leading media company defending unfair prejudice proceedings, including successfully resisting an injunction application to prevent completion of a corporate acquisition.

Advising a Russian telecommunications company in response to a freezing order in the context of a US$200 million arbitration.
 

More: Commercial litigation

  • Life sciences
  • Hotels and leisure

Advising a major life sciences company in relation to a £200m+ dispute arising from supply of Covid-19 testing kits.

Advising a major life science company in relation to a c. £100m dispute relating to Covid-19 vaccinations.

Advising a security agent in relation to a contested rectification claim by an issuer in the healthcare sector in relation to the provision of security in relation to a series of £500+ million publicly-traded bonds.

Advising in relation to a wide variety of due diligence of life sciences and healthcare businesses in relation to bribery and corruption in the context of acquisitions, and investigations into actual or suspected wrongdoing.

More: Life sciences

Advising a major British travel group in connection with a scheme of arrangement and attempted recapitalisation.

Advising an ad hoc committee of senior secured noteholders in a major British restaurant chain in relation to a contentious restructuring.

Advising a company in the leisure industry in relation to a number of internal investigations into suspected wrongdoing.

More: Hotels and leisure

Latest news & insights

18 Apr 2024

From Insights

When can shareholders seek relief in favour of the company alongside an unfair prejudice petition, and does the approach in Chime no longer ring true?

In Ntzegkoutanis v Kimionis [2023] EWCA Civ 1480, the Court of Appeal handed down an important judgment which clarifies the overlap between an unfair prejudice petitio..

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17 Jan 2024

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Knowing receipt: No continuing equitable proprietary interest, no liability (Byers v Saudi National Bank)

In Byers & Ors v Saudi National Bank [2023] UKSC 51, the Supreme Court has held that a claim for knowing receipt requires the claimant to have a continuing equitable p..

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10 Oct 2023

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Managing litigation risk: Corporate and commercial disputes

Welcome to the resource hub for our "Managing litigation risk: Corporate and commercial disputes" event on 10 October 2023.

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31 Jul 2023

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We are never ever getting back together: getting termination notices right

In Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 1765 (TCC) the court held that the defendant ("Rolls-Royce") had validly terminated a software agreement wit..

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22 May 2023

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Resolving dispute resolution disputes: when will ADR provisions be unenforceable?

In Kajima Construction Europe (UK) Ltd & Anor v Children's Ark Partnership Ltd [2023] EWCA Civ 292, the Court of Appeal clarified:

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05 Jan 2023

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Tick-box jurisdiction clause good enough for anti-suit relief

In Ebury Partners Belgium SA/NV v (1) Technical Touch BV & (2) Jan Berthels [2022] EWHC 2927 (Comm), the Commercial Court granted an anti-suit injunction ("ASI") restr..

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19 Dec 2022

From Insights

Take care when terminating: James Kemball Ltd v "K" Line (Europe) Ltd

In James Kemball Ltd v "K" Line (Europe) Ltd [2022] EWHC 2239 (Comm), the claimant purported to terminate a service agreement on the grounds that the defendant was in ..

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01 Dec 2022

From Insights

Litigation privilege: Loreley v Credit Suisse

Court of Appeal determines that, generally, the identities of those giving instructions are not covered by litigation privilege: Loreley v Credit Suisse

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09 Nov 2022

From News

Stephenson Harwood advises WindAcre Partnership on US$16 billion deal

Law firm Stephenson Harwood LLP has advised WindAcre Partnership LLC on its participation in the acquisition of Nielsen Holdings plc.

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09 Nov 2022

From Insights

Reservation of Rights Letters following Lombard North Central plc v European Skyjets Ltd (in liquidation)

This article looks at the recent Lombard North Central v European Skyjets Ltd (in liquidation) case, which provided a useful reminder that a lender's conduct following..

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20 Jun 2022

From News

Dan Smith joins Stephenson Harwood as partner

Law firm Stephenson Harwood LLP has strengthened its commercial litigation practice with the arrival of partner Dan Smith, who joins the firm in London.

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