Gavin Smith

Call
1981

Gavin Smith attracts praise for the extent of his experience in ADR. He concentrates his practice on private FDRs and arbitrations involving properties, pensions and family loans. Strengths "He will proactively help you case manage collectively rather than making one party feel pitted against the other. Someone who makes the process accessible and always seeks to assist, he's very good at getting involved from day one, putting forward suggestions to make the most of the time available. When it's all finished he takes the time to speak with clients and explain his indication to them at a personal level - clients come away from an arbitration with him feeling that whatever happens they've had the best chance possible to have a sensible outcome. He's very attuned to how emotional these proceedings can be and he'll do his best to put everyone at ease." "Because he's experienced at running arbitrations, he's got more of a relaxed approach which goes down well. He does an awful lot of preparation beforehand and comes up with his own ideas and solutions, which is good when you're dealing with polarised parties." "An extremely detailed, thorough and experienced ADR practitioner."

Chambers and Partners 2023

Practice

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.  He is described by Chambers and Partners as ‘well regarded for his well-established arbitration practice.’ In DB v DLJ [2016] EWHC 324 (Fam), Mr Justice Mostyn described 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.

He keeps up to date with legal change by co-editing the financial practitioners’ ‘bibles’, At A Glance and At A Glance Cloud. He is one of the founding authors of Financial Remedies Practice, published annually, and co-founded the award-winning website FamilyArbitrator.com. He has an excellent working knowledge of French and some German.

Details of Gavin’s availability and fees for arbitrations and private FDRs may be obtained from his clerks at clerks@1hc.com.

Financial remedies

  • 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
  • At A Glance: Essential Tables for Financial Remedies (annual)
  • At A Glance Cloud
  • Financial Remedies Practice (annual)
  • www.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

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

  • Downside School
  • Oxford University

Chambers & Partners

Gavin Smith attracts praise for the extent of his experience in ADR. He concentrates his practice on private FDRs and arbitrations involving properties, pensions and family loans.

"He will proactively help you case manage collectively rather than making one party feel pitted against the other. Someone who makes the process accessible and always seeks to assist, he's very good at getting involved from day one, putting forward suggestions to make the most of the time available. When it's all finished he takes the time to speak with clients and explain his indication to them at a personal level - clients come away from an arbitration with him feeling that whatever happens they've had the best chance possible to have a sensible outcome. He's very attuned to how emotional these proceedings can be and he'll do his best to put everyone at ease."

"Because he's experienced at running arbitrations, he's got more of a relaxed approach which goes down well. He does an awful lot of preparation beforehand and comes up with his own ideas and solutions, which is good when you're dealing with polarised parties."

"An extremely detailed, thorough and experienced ADR practitioner."

A financial practitioner whose practice has a particular emphasis on cases concerning maintenance disputes and the enforcement of financial orders. Smith is further well regarded for his established arbitration practice.

"His accessibility, willingness to assist both pre- and post-hearing and detailed knowledge of case law, procedure and legislation all help to instil confidence and put the client’s mind at ease."

"He's well prepared, helpful, measured and someone who pays good attention to detail."

"Gavin has a really good analytical brain."

"A really well-prepared, smooth advocate who is very clear in court."

"He cuts through all the extraneous stuff to get to the meat of the problem and reach an outcome on the day."

"A brilliant advocate, who is a perfect judge of a case."

"He's completely amazing on the detail of  a case, and his knowledge of the law is second to none."

 

Married with four children