Graham Smith joined Bird & Bird in 1983 and became a partner in 1985. Since 1994, when Bird & Bird gained its first Internet client, he has become 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.
He has also 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.
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.”
Cases in which he has acted, in the IT field and elsewhere, 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.
