Graham Smith joined Bird & Bird in 1983 and became a partner in 1985. His practice encompasses advisory and contentious work in the internet, IT, intellectual property and sports fields.
The 2007 Chambers UK Directory describes him as an “original thinker” and “first-rate litigator” who has “written superb books and articles on Internet regulations and the like” and is “particularly sharp on the highly technical aspects of IT - he really knows about software and systems development.”
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. Reviewers of the current third edition 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.
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 is a Fellow of the Society of Advanced Legal Studies. He is rated by Chambers UK Directory as a Leading Individual (first tier) for Information Technology and by the PLC Which Lawyer? Yearbook as a Leading Lawyer for IT and ECommerce.
