Clifford Smith SC

  • MA, University College, Oxford

Year of call

  • 1974 (England and Wales)
  • 1982 (Hong Kong)
  • 2001 (Hong Kong Inner Bar)

Profile

Clifford Smith has a broadly based commercial practice and has been involved in some of Hong Kong’s heaviest civil cases, including ADS v Wheelock Marden and the recent Akai litigation. Since taking silk in 2001 his field of practice has broadened even further to include tax, telecommunications and broadcasting law.

He is ranked in Band 1 of the Leading Silks by Chambers & Partners’ “Chambers Asia”, the Directory of Asia’s Leading Lawyers for Business, where he is noted for having built up a solid reputation representing leading financial institutions and is described as “a talented barrister with outstanding advocacy skills who is also very pleasant to work with” (2011) whose “strengths lie in his intelligent, technical analysis and ability to present a powerful argument” (2008).  Well over two hundred of his cases have been reported in the law reports.

  • Akai v Ernst & Young [2009] 5 HKLRD 804 (CFA). No jurisdiction to order security for costs of a claim brought by an insolvent overseas company with a place of business in Hong Kong.
  • Pacific Electric Wire & Cable v Harmutty [2009] 3 HKLRD 94 and FAMV 28/2009 (Court of Appeal and CFA). Whether summary judgment is available or appropriate where the underlying claim is based on allegations of fraud.
  • Hebei Enterprises v Livasiri (2008) HKCFAR 321 (CFA). Professional negligence; whether solicitors held money as stakeholder or trustee; duty to advise client of risk of transferring money to another firm.
  • Commissioner of Inland Revenue v Tai Hing Cotton Mill (Development) Ltd [2008] 2 HKLRD 40 (CFA). Effect of anti avoidance provision on tax liability of subsidiary company developing land bought from parent at price referable to share of redevelopment profits.
  • World Fuel Services v Florens Container Inc (2007) 10 HKCFAR 256 (CFA). Jurisdiction to order costs to be paid by an interested non party who funds an action brought by the liquidators of an insolvent company.
  • Official Receiver v Trustee in Bankruptcy of Chan Wing Hing (2006) HKCFAR 545 (CFA). Provisions of Bankruptcy Ordinance obliging bankrupt to notify trustee in bankruptcy of travel plans are unconstitutional as restricting Basic Law right of freedom to travel.