Ayesha enjoys a mixed practice of Crime, Civil, Commercial Litigation and Regulatory. Ayesha is a Grade 3 prosecutor on both the General Crime and Serious Crime Panels and she has prosecuted and defended a variety of offences. She accepts instructions across a broad range of civil and commercial litigation including contract disputes, bankruptcy proceedings and intellectual property disputes. With a medico-legal background Ayesha has particular strength on healthcare regulatory matters.
AREAS OF PRACTICE
Ayesha has a developing regulatory practice, particularly within the field of healthcare. Her previous experience within the NHS and thorough working knowledge of policy and procedure within the medical sector is a real asset in matters concerning disciplinary action. She is well acquainted with the measures that ensure professionals are fit to practise and meet professional standards.
Working in Pathology before coming to the Bar, Ayesha has gained great familiarity with post-mortem procedures and has developed a strong working knowledge and understanding of complex medical processes. Her role within the NHS involved testing and analysing a variety of samples across the different pathological disciplines. This, combined with her placements at the Coroner’s Court and placements within a hospital environment, provide her with additional insights when it comes to inquests and the issue of causation.
- Grade 3 Prosecutor for General Crime
- Grade 3 Prosecutor for Serious Crime
Ayesha has prosecuted and defended a variety of offences. She has conducted a large numbers of trials, sentences, applications, case management hearings and mentions. In addition, she is regularly instructed to prosecute and defend in road traffic offences and therefore has a good understanding in this area. Ayesha is known for her concise and “to the point” style of advocacy but is also very accommodating when dealing with vulnerable witnesses or those requiring an interpreter.
Having worked in Pathology Departments before coming to the Bar, Ayesha has developed a strong working knowledge of physiological processes in the human body, anatomy and pathology. Her role within the NHS involved testing and analysing results from a variety of sample types across the different pathological disciplines. This, combined with her medical studies and medical placements provide her with additional insights when it comes to issues surrounding causation and defences raised on medical grounds.
Ayesha has developed a keen interest in animal welfare law and now regularly prosecutes on behalf of the RSPCA herself. In addition, she has also conducted private prosecutions under the instruction of local authorities.
Ayesha is happy to accept instructions in all aspects of civil law. She regularly undertakes instructions across a broad range civil and commercial litigation for claimants and defendants. Her commercial practice spans across commercial contract disputes, sales of goods, bankruptcy proceedings and intellectual property disputes.
Property, Trusts and Commercial
Ayesha is building up a successful practice in residential and commercial property disputes. She has experience acting on behalf of public landlords, private landlords, freeholders and tenants. In court, Ayesha regularly appears in interlocutory applications, final disposal hearings and case management hearings. Her practice consists of possession claims, unlawful evictions, dilapidation claims, easements, boundary disputes, nuisance and breaches of covenant. She often deals with claims under the Occupiers Liability Acts, the Defective Premises Act and the Trusts of Land and Appointment of Trustees Act and regularly settles pleadings or advises in respect of such matters.
Personal Injury, Industrial Disease & Professional Negligence
Ayesha regularly appears in the county court for a variety of hearings acting for claimants and defendants. She is well acquainted with disposal hearings, interlocutory hearings, preliminary hearings and case management conferences. She is experienced in small-claims track and fast-track proceedings. Ayesha appears in various Road Traffic Accident trials and is also very familiar with quantum hearings and infant approval hearings.
Ayesha frequently advises on quantum and liability and is able to turn around papers efficiently. She is adept at drafting statements of case, schedules of loss and other legal documents. During her pupillage, she also assisted in the preparation of complex clinical negligence cases and high-value personal injury cases. Further, in her LLM in Medical Law she explored concepts such as personhood, paternalism and autonomy and is now able to critically evaluate the importance and limitations of consent in specific medical procedures.
Ayesha’s prior career within the NHS and training in medical science has provided her with heightened insight when it comes to personal injury, industrial disease and clinical negligence matters. During her initial degree she undertook medical placements in various specialities and is therefore familiar with the intricacies of medical procedure. Furthermore, Ayesha’s five year career within the NHS as an assistant biomedical scientist has given her a good grounding in hospital working mechanisms and the interactions between disciplines. Her role included testing samples, analysing results and recommending appropriate treatments. Ayesha has a strong working knowledge in anatomy, physiology and pathology. She is also proficient in peripheral specialities such as microbiology, pharmacology, genetics, chemotherapy and virology.
Personal Injury – Fraudulent Claims
Ayesha is keen to develop a practice in civil fraud having experienced a wide variety of cases during her pupillage. She has experienced cases involving contrived accidents, low-velocity-impact (LVI), fraudulent personal injury, exaggerated credit hire and exaggerated personal injury. Ayesha has experience advising and drafting pleadings where allegations of fraud arise.
My name and professional title is Ayesha Smart and I am registered under the Bar Standards Board under that name although I am employed by Burnside Associates Limited. I hold a current Bar Council practising certificate. I have professional indemnity Insurance with the Bar Mutual Indemnity Fund.
I am regulated by the Bar Standards Board (BSB). The BSB Handbook contains the rules about how barristers must behave and work. It also contains the Code of Conduct for barristers.
I am registered to undertake Public Access work on the Bar Council Directory
The Public Access Scheme allows for members of the public to engage my services on a direct basis. It is not a scheme that is suitable to all cases but in all cases, the clerks will consult with me and we will let you know if the scheme will suit your requirements.
I will undertake to confirm on receipt of your instructions that I have sufficient experience and competence to undertake the work necessary to carry out those instructions.
I am employed by a company, Burnside Associates Limited. Whilst I will provide the services you will contract with Burnside Associates Limited. The administrative support for the company is St Paul’s Chambers. A set of Chambers is a practice where a collection of independent self-employed barristers and barristers who have incorporated their practices share premises and administrative services. Those administrative services are provided by staff that are referred to as clerks. My work may mean that I am not always in Chambers or that you are not able to contact me directly. You may find the best way to contact me is to leave a message with my clerks with either by telephone 0113 2455866 or email [email protected] and I will respond as soon as I am able to do so.
A Barristers Chambers is not a firm. I am the only person you are instructing and I will be personally responsible for doing all the work needed under the Public Access arrangement.
Letter of Engagement and Terms of Engagement
On confirmation of instruction you will be provided with a letter of engagement and the terms of engagement. This will provide you with all the information you require before committing to the engagement.
My professional appointments
My background in Civil Law
My background in Criminal Law
My fee structure is straight forward and without hidden costs. If I am instructed on a piece of advice it is usual I will charge an hourly rate. You will be informed of how much it will cost before I engage in the work. Equally, if I am to attend court on your behalf, I will scope the case and provide you with a global cost with a breakdown of the cost per day and the preparation costs. The clerking team will guide you through the process and assist you with the options you have available to you.
Chambers can provide a fact sheet on request in relation to fees. It covers the pricing policy required by the Bar Standards Board for specific areas of law deemed to be those that attract a range of average fees.
What my clients say
If you wish to make a complaint
If you would like to make a complaint, please make reference to our chambers complaints procedure. We will try to resolve it by following this procedure. Information on how to do this should have been provided to you in your client care letter. If you would like us to send you a hard copy by post please get in contact.
The Legal Ombudsman
If you are not satisfied with the outcome of your complaint, then you can contact the Legal Ombudsman. The Legal Ombudsman is an independent organisation. It deals with complaints about the service provided by all types of lawyers in England and Wales. The Legal Ombudsman can decide whether or not the service you received from your barrister was satisfactory, and can:
•Consider whether the fees charged/paid should be reduced; and
•Decide whether you should receive an apology.
Any complaint to the Legal Ombudsman should be made within 6 months of receiving the final response to your complaint from your barrister or their chambers(as long as the response tells you about your right to complain to the Ombudsman and the six month time limit). A complaint to the Legal Ombudsman must also not be made more than 6 years after the problem arising,and not more than 3 years after you become aware of the problem.The Legal Ombudsman will review your complaint and decide whether there are any concerns about professional misconduct (professional misconduct is when a barrister has not kept to the BSB Handbook, and so disciplinary action might need to be taken). If your complaint raises concerns about professional misconduct, the Legal Ombudsman will refer those concerns to the BSB for consideration. If the Legal Ombudsman needs to make a referral,you do not need to do anything. The Legal Ombudsman will let you know if they have made a referral and the BSB will also contact you to confirm this.
Legal Ombudsman Decision Data
It is important that when you are making the decision to instruct a barrister, you have consideration to the decision data of the Legal Ombudsman. This will show what providers received an ombudsman decision in the previous 12 months and whether the LeO required the provider to give the consumer a remedy.
See this link for details of the Decision Data
The Legal Ombudsman can give you more detailed information on how to make a complaint. You can contact the Legal Ombudsman:
The Latest News and Cases From Ayesha Smart
Follow our blog for further information on the latest news and cases from Ayesha Smart, and all other members of our team.
FILTER BY EXPERTISE
Head of Chambers
Simon Bickler QC
Jonathan Sandiford QC
Nigel Sangster QC
Richard Barraclough QC
Simon Myerson QC
Bryan Cox QC
Jane Bewsey QC
Sam Green QC
John Harrison QC
Cameron Brown QC