Mark Smith

Year of Call: 2012

Mark Smith practises in the areas of crime, extradition, civil and family law.

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Overview

Mark is a barrister specialising in crime, extradition, family and civil work. He appears regularly in the High Court (Admin) in relation to extradition appeals, as well as in criminal matters in the Crown Court for both the prosecution and defence. He also has experience in proceeds of crime and prison proceedings.

Mark accepts instructions in private family and care proceedings, as well as applications for non-molestation orders. He also has experience of financial remedy proceedings, including FDR and final hearings.

Mark accepts instructions in a wide range of civil proceedings, including immigration, property, personal injury and general contract matters. Recently, he represented the claimant in a successful loan dispute, and provided written advice to a local authority regarding the use of warrants under the Housing Act 2004.

Additional Information

Direct Public Access

  • Mark accepts Direct Public Access instructions.

Professional Panels

  • CPS appointed prosecutor (Grade 1).
  • Appointed panel member for the General Dental Council (GDC).

Education

  • BPP Law School, BPTC.
  • Oxford Brookes University, GDL.
  • University of Oxford, MPhysPhil (Physics and Philosophy).

Awards

  • Walter Wigglesworth Pupillage Scholarship (2013).
  • Kennedy Scholarship (2011).
  • Hardwicke Entrance Award (2011).

Professional Memberships

  • The Honourable Society of Lincoln’s Inn.
  • Criminal Bar Association.
  • Defence Extradition Lawyers’ Forum.

Asset Recovery, Civil Fraud & Confiscation

Mark is instructed in proceedings under the Proceeds of Crime Act 2002 and Customs and Excise Management Act 1979, including confiscation, condemnation, cash forfeiture and enforcement hearings.

Recent cases include the forfeiture of £25,000 high-quality French wine, condemnation of 11,500kg of poppy heads, and confiscation proceedings arising from a multi-million pound offshore investment scam.

Business Crime

Mark has experience of FCA matters from a secondment as a legal adviser to the Credit Authorisations Division at the FCA. This specialist knowledge feeds into Mark's business crime practice, and his experience of theft and fraud instructions in the criminal context.

Crime

Mark has appeared in the Crown Court in relation to offences including rape, GBH, and drugs offences. He has also appeared in the Magistrates’ Court for cases involving offences such as firearms and sexual assault.

Recently, Mark was instructed in a multi-handed, five-year conspiracy to commit criminal damage, heard at Blackfriars Crown Court. 

Extradition & International

Mark regularly appears in extradition proceedings at Westminster Magistrates’ Court, as well as conducting hearings in the High Court on appeal.

He is currently instructed in a German request for 10 British citizens allegedly involved in a £64 million VAT carousel fraud committing across a number of EU countries.

Family, Children & International Family

Mark accepts instructions in relation to family, children and international family matters. Recently, he has appeared in an application for a freezing injunction in the High Court, and in financial remedy proceedings dealing with exceptional misconduct, as well as providing written advice about the legal obligations under an injunction in a sensitive family situation.

Personal Injury & Professional Negligence

Mark appears in the County Court in cases contesting liability for road traffic claims, as well as Stage 3 hearings for personal injury claims commenced under the RTA Protocol.

Planning, Property, Landlord & Tenant

Mark accepts instructions in housing and landlord and tenant matters, including possession claims following notices under section 8 and section 21 of the Housing Act 1988. Recently, he acted for tenants at trial regarding the landlord’s failure to make repairs, securing a 50% reimbursement in rent for the duration of the tenancy.

Cases of Note

N v Poland [2017]

Mark appealed to the High Court against extradition for offences of fraud, challenging the decision in Cuireja that multiple EAWs can be considered as a whole when considering the passage of time bar to extradition.

K v Poland [2017]

Mark appeared in the High Court, arguing on appeal that of extradition to stand trial for fraudulently obtaining credit for a computer purchase in 2007 would be disproportionate under section 21A of the Extradition Act.

O v SSHD [2017]

Mark successfully resisted a Home Office appeal in the Upper Tribunal, having previously overturned a deportation order in the First-Tier Tribunal, arguing that there were no serious grounds to deport despite his conviction for theft and money laundering in 2013.

B v Poland [2016]

Mark appeared in a High Court appeal regarding whether it would be oppressive to extradite the Requested Person to Poland for offences in 1999 due to the passage of time, under section 14 of the Extradition Act 2003.

G v Lithuania [2015]

Mark appeared in the High Court, which considered whether evidence in the European Arrest Warrant that the requested person’s sentence would be unenforceable amounted to a bar to extradition.

B v Latvia [2014] and F v Romania [2014]

During pupillage, Mark worked on the leading cases challenging extradition under Article 3 of the European Convention on Human Rights due to overcrowding in prisons in Latvia and Romania.