Ayesha Smart

  • Year of Call 2014

Introduction

Introduction

Ayesha enjoys a mixed practice of crime, regulatory, civil and commercial.

Ayesha prosecutes and defends a variety of offences, however, her speciality is in serious crime.

She accepts instructions across a broad range of civil and commercial litigation including contract disputes, property disputes, personal injury and negligence. With a medico-legal background Ayesha has particular strength in healthcare and regulatory matters.

Crime

Crime

Ayesha both prosecutes and defends in all areas of criminal law. She is instructed in the full range of criminal cases from homicide, drug trafficking, serious violence, sexual offences and fraud, often requiring a level of expertise and skill normally associated with somebody of much more senior call.

Ayesha has specific expertise in drug conspiracies, modern slavery and serious crime where there are medical issues. She is adept at dealing with expert evidence both in relation to presentation before juries and cross-examination.

Ayesha has a particular passion for Animal Law and is a renowned RSPCA prosecutor. She also regularly advises and represents those who are charged with offences contrary to the Dangerous Dog Act 1991, Animal Welfare Act 2006 and Wildlife and Countryside Act 1981.

Panels

General CPS Panel Advocate Grade 3

CPS Specialist Panel Advocate for Serious Crime Grade 3

Cases

R v Musgrave [2020] – led junior for the defence in an allegation of joint enterprise murder at Teesside Crown Court. Defendant was unanimously acquitted of murder and manslaughter

R v Smith [2020] – defended at Leeds Crown Court in a section 28, child kidnapping case. Defendant was unanimously acquitted.

R v Haegar [2019]– defended at York Crown Court against multiple allegations of sexual assault each involving differing issues. Defendant was unanimously acquitted.

R v Lowther [2019] – prosecution junior for a complex, circumstantial case of attempted murder tried at Bradford Crown Court. Successful at the Court of Appeal in overturning a terminatory ruling.

R v Saeed [2019] - defending at Bradford Crown Court in a case involving an aggravated robbery committed by a paranoid schizophrenic. Eventually a s37 MHA order was made with s41 restrictions.

R v Skop [2018] - defending in a long running multi-handed modern slavery case at Sheffield Crown Court. Led by Nigel Edwards QC. Was successful in reducing a 10-count indictment involving multiple offences contrary to the Modern Slavery Act down to a few simple fraud offences after legal arguments.

Operation Satin [2018] - defending in a county lines drug trafficking and money laundering conspiracy at Manchester Crown Court. The Defendant was left facing offences relating to firearms with intent to endanger life. The Defendant's DNA was alleged to be on the firearm by the Prosecutions forensic expert​. Defendant was unanimously acquitted.

Operation Shinbone [2018] – prosecution junior in one of HMRC’s top 3 prosecutions of 2018 at Teesside Crown Court. The largest haul was discovered on the back of a lorry in Middlesbrough where officers found 2,204,620 non-UK duty paid cigarettes hidden among a shipment of fridge freezers. Successfully prosecution of 7 Defendants.

R v Chec [2018] - defending in a long running multi-handed modern slavery case at Teesside Crown Court. Led by Nigel Edwards QC.

Personal Injury

Personal Injury

Ayesha has a wide knowledge of personal injury claims regularly acting for both Claimants and Defendants conducting multi-track trials, fast track trials, disposal hearings, CCMCs, interlocutory hearings stage 3 hearings and small claims. She regularly appears in the County Court and the High Court.

Ayesha also provides advice on liability, quantum, Part 36 offer and drafts pleadings and schedules of loss.

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. 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.

Accordingly, Ayesha has a particular interest in: 

- Fatal accidents

- Catastrophic injuries

- Clinical negligence

- Inquests 

Professional Negligence

Professional Negligence

Ayesha regularly advises on professional negligence or misconduct matters and settles pleadings in respect of the same. Her experience includes cases relating to lawyers, accountants, construction professionals, engineers, surveyors, brokers and financial advisors.

Property

Property

Ayesha has built up a successful practice in residential and commercial property disputes. She has experience acting on behalf of public landlords, private landlords, freeholders and tenants.

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.

Ayesha regularly appears in the Business and Property Court and the Queens Bench Division.

Commercial

Commercial

Ayesha’s commercial practice spans across commercial contract disputes, sales of goods, bankruptcy proceedings and intellectual property disputes.

Qualifications

Qualifications

LLM in Medical Law and Ethics - University of Edinburgh

LLB (hons) - BPP University

BSc (hons) in Medical Science - University of Leeds

Memberships

Memberships

Criminal Bar Association

Personal Injuries Bar Association

UK Centre for Animal Law

 

Awards & Prizes

Awards & Prizes

Gray's Inn Ann Ebsworth Award

Gray's Inn Mooting Competition 2014 - first runner up

Outstanding Contribution to Pro Bono Award 2014

Outstanding Contribution to Pro Bono Award 2013

KBW Mooting Competition 2012 - winner

Direct Access

Direct Access

Ayesha is accredited to accept work under the Direct Access Scheme, also known as the Public Access Scheme, in suitable cases. In order to instruct Ayesha on a Direct Access basis, please contact the clerks on +44 (0)20 7242 6476 or at clerks@33bedfordrow.co.uk