Matthew Smith

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Year of Call: 1991

Matthew delivers "excellent advice and support on matters relating to costs," agree sources. His specialist knowledge is supplemented by his practical experience as a qualified costs draftsman.
Chambers UK 2012

Practice Area:The most senior member of the costs team in terms of call and one of only the three counsel also be a qualified costs draftsman, Matthew is able to deal with any civil costs dispute. Moreover, his knowledge of the law outside costs makes him particularly adept at dealing with the more unusual topics that may arise in costs litigation, such as novel points of principle, costs in tribunals, children and costs, etc.

Matthew has a niche practice in dealing with issues concerning contracts of retainer, including advising the steps which are required to mend (or undermine) 'broken retainers'. This goes hand-in-hand with his specialism in non-contentious costs. He has drafted a number of retainers (both conditional and non-conditional), and is adept at giving advice which is aimed at maximising profit (both for defendant firms and claimant firms) and minimizing risk.

Matthew's expertise in employment law makes him particularly well placed to advise on contingency fee agreements if and when those agreements become lawful.

Profile:

Matthew has two advantages which mark him out from the crowd. Firstly, he makes extraordinary efforts to keep on top of the ever-evolving law, and secondly, he has gained considerable experience of trials and of cross-examination.

Matthew is the driving force behind the Costs Brief (see below). He was one of the first barristers to qualify as an Associate of the Association of Law Costs draftsmen. He lectures regularly, and - in addition to the Costs Brief - writes for other publications (such as the Butterworth's Costs Newsletter). Matthew is takes particular interest in procedural law and disputes concerning retainers (including conditional fee agreements).  

His experience of trials gives Matthew an advantage for disputes where the facts are disputed, which is a situation that often arises in 'show cause' hearings, disputes between solicitors and clients, application for third party costs orders, etc.

Matthew's also has wide experience of group litigation, applications for security for costs, issues concerning success fees, after the event insurance, costs concerning patients, costs concerning children, and fixed costs.

Publications:

Matthew writes (along with other members of the costs team) the Costs Brief for the New Law Journal.

Recent articles include:

• Back to the Future, New Law Journal (2009) Vol.159 No.7370 Pages 740-742
• Multiplex Lessons, New Law Journal (2009) Vol 159 No 7350/51 Pages 31-33
• Protective costs orders, New Law Journal (2008) Vol.158 No.7335 Pages 1223-1224
• Beating offers, New Law Journal (2008) Vol.158 No.7323 Pages 782-783
• Interest on Costs, New Law Journal (2008) Vol.158 No.7316 Pages 514-517
• Costs draftsmen's success fees, New Law Journal (2008) Vol.158 No.7307 Pages 216-217
• Election, New Law Journal (2007) Vol.157 No.7288 Pages 1256-1257 and 1308-1309
• Post-entitlement agreements, New Law Journal (2007) Vol.157 No.7278 Pages 890-891
• Costs Capping, New Law Journal Vol.157 No.7269 Pages 546-548
• Conduct and Costs, New Law Journal (2007) Vol.157 No.7259 Pages 216-217
• Medical Agency Fees and Rectification of Retainers (2006) ALCD Journal, July, Pages 1-3
• Part 18 Requests in Costs, New Law Journal (2006) Vol.156 No.7251 Pages 1880-1881
• Quantum of ATE premiums, New Law Journal (2006) Vol.156 No.7242 Pages 1471-1472
• Avoidance and Costs, New Law Journal (2006) Vol.156 No.7239 Pages 1358-1359
• Qualitative Breaches and CFAs, New Law Journal (2006) Vol.156 No.7236 Pages 1242-1243
• Medical Agency Fees, New Law Journal (2006) Vol.156 No.7228 Pages 946-947
• Costs Cutting, New Law Journal (2006) Vol.156 No.7223 Pages 737-739
• Materiality, New Law Journal (2006) Vol.156 No.7219 Pages 592-593
• Costs Draftsmen's fees, New Law Journal (2006) Vol.156 No.7214 Pages 364-365
• Estimates, New Law Journal. (2005) Vol.155 No.7202 Pages 1813-1815
• CFA Revocation Regulations, New Law Journal (2005) Vol.155 No.7192 Pages 1347-1348
• ATE insurance and the FSA, New Law Journal (2005) Vol.155 No.7189 Pages 1241-1242
• RSA Pursuit, New Law Journal (2005) Vol.155 No.7185 Pages 1097-1099
• Success, Conduct and Costs, New Law Journal. (2005) Vol.155 No.7181 Pages 939-941
• Restricting the scope of split success fees, New Law Journal (2005) Vol.155 No.7177 Pages 765-766
• Costs Capping, New Law Journal (2005) Vol.155 No.7176 Pages 749-751
• VAT and Costs, New Law Journal (2005) Vol.155 No.7171 Pages 539-540
• Qualitative Breaches, New Law Journal (2005) Vol.155 No.7167 Pages 377-378
• Success Fees, New Law Journal (2005) Vol.155 No.7163 Pages 214-215 

Memberships include:
Associate of the Association of Law Costs Draftsmen

	Career & Education:
University:	Cambridge (Trinity Hall)
Degree:	MA
Year of Call:	1991 (Lincoln's Inn)
Other information:	Examination for associate membership of the ALCD (2009)