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Graham Smith 
 
Graham Smith's Image 
Partner 

Graham Smith joined Bird & Bird in 1983 and became a partner in 1985. His practice encompasses advisory and contentious work in the internet, IT, and intellectual property fields.

He has handled a variety of disputes in the IT sector, ranging from IT project litigation to software copyright disputes. In 1995 he wrote, for Computer Law & Practice, the first published article in the UK examining damages awards in computer project disputes. His section of the Encyclopedia of Information Technology Law (Sweet & Maxwell) contains a detailed examination of non-contractual liability in the IT field, including negligence liability of suppliers and consultants.

He is one of the UK’s leading cyberlaw experts. He edits and co-authors the book Internet Law and Regulation (Sweet & Maxwell), which first appeared in 1996 and is now in its 4th edition. Reviewers have said: “reads and feels like the Bible on Internet law”, “the definitive English law textbook on e-commerce” and “a carefully sculpted work of art”. His practice includes in particular advising e-commerce actors on liability, including copyright, defamation and cross-border issues. He advised the States of Guernsey on the preparation of their electronic transactions legislation; and advised Yahoo! and the UK Internet Services Providers Association (ISPA) in their successful campaign to persuade the Home Office to include a hosting defence in the Religious and Racial Hatred Act 2006.  This work was Commended in Financial Times Innovative Lawyers 2008. 

Cases in which he has acted include: Burnet v Francis Industries plc [1987] 1 W.L.R. 802 C.A., Chatterbox (UK) Ltd & others v British Telecommunications plc (The Independent, 1 March 1989), Philips Electronique Grand Public S.A. and others v British Satellite Broadcasting Ltd and others [1995] EMLR 472 C.A., Korda v ITF Ltd (The Independent, 21 April 1999) C.A., BCT Software Solutions Ltd v Jones & others [2002] 12 E.I.P.R. N-196, BCT Software Solutions Ltd v C Brewer & Sons Ltd [2004] FSR 9, C.A., QR Sciences Ltd v BTG International Ltd [2005] All ER (D) 196 (Apr), [2005] All ER (D) 116 (Aug). In IT project disputes he has acted primarily for customers against various suppliers, including disputes over complex database and ERP implementations.

He is a member of the Advisory Board of BNA's Electronic Commerce & Law Report and the Editorial Board of the International Journal of Law and Information Technology.  He is rated by Chambers UK Directory as a Leading Individual for Information Technology and by PLC Which Lawyer? Yearbook as a Recommended Lawyer for TMT: Technology.

Bird & Bird LLP
15 Fetter Lane
London
EC4A 1JP
UK
Tel: +44 (0)20 7415 6000
Fax: +44 (0)20 7415 6111
 
Lawyer Testimonials
 
"Graham Smith received numerous votes from international peers for his software knowledge and 'forward thinking approach'." 
Who's Who Legal Internet, eCommerce and Data Protection, 2011
 
Graham Smith is the practice's Internet and e-commerce guru.
Chambers & Partners 2010
 
A talented litigator, Smith is the practice's go-to practitioner when an Internet matter looks likely to turn into a dispute.
Chambers & Partners 2010
 
 
 
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Author: Sword-UK - SharePoint Solutions