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MA (Oxon) First class, BCL
MA (Oxon) First class, BCL
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Kassie Smith KC is one of the Bar’s leading specialists in competition, EU and regulatory litigation. She is described as “a “terrific advocate” who is “legally excellent” and “a real team player” …”.
Kassie regularly appears in the High Court, the Court of Appeal and the Supreme Court, in the UK, as well as in the Competition Appeal Tribunal. She has also developed an international practice, working in jurisdictions from the Channel Islands to the BVI to Hong Kong, as well as in various high-value, international arbitrations. She has appeared in over 30 cases before the European Court of Justice. Before taking silk in 2013, she was a member of the Attorney General’s A Panel.
Kassie Smith KC is recognised as a leading specialist in competition litigation. She acts for private clients and regulators in damages actions, JR challenges and infringement appeals. She is also regularly instructed in international arbitrations involving competition and regulatory issues. She is described as “An “extremely good barrister” and “a real team player”, … She stands out for her extensive experience handling competition-related matters”.
Damages
Damages actions in the UK in which Kassie is or has been involved, for both claimants and defendants, include:
Kassie has extensive experience in multi-litigant proceedings, involving all aspects of pre-trial preparation and interlocutory applications (including jurisdiction and applicable law issues) through to the start of full trial.
CAT appeals
Kassie has acted in many appeals to the Competition Appeal Tribunal over the years, including, recently, the first trial under the new fast track procedure in the Competition Appeal Tribunal. CAT appeals include:
Mergers and market investigations
Kassie has advised and acted in many merger and market investigation cases (for both private parties and regulators) including:
Arbitration and other international
Kassie has recently acted in a number of lengthy and high value arbitration hearings in Stockholm representing subsidiaries of a Russian State owned gas company in cases relating to the transit of natural gas to Europe and raising issues of EU competition and energy law, and representing a mobile phone company in proceedings raising issues of FRAND and breach of Article 102 TFEU. She has also acted herself as an expert on EU competition law in arbitration proceedings.
She appeared for Cable and Wireless in various proceedings before the Eastern Caribbean Court of Appeal challenging decisions of the telecoms regulator in BVI.
She has advised clients in Guernsey and Jersey on competition and regulatory issues under Guernsey and Jersey law. In 2018, she was appointed by the States of Jersey to carry out an independent review of the Jersey Competition and Regulatory Authority (JCRA) following the Royal Court judgment in ATF Overseas Holdings Ltd v JCRA.
She is on the panel of counsel for the Hong Kong Competition Commission, and has recently been advising the Commission on the first case brought under its leniency regime. She is also advising private parties in Hong Kong on Commission investigations and issues arising under the HK Competition Ordinance.
Kassie has acted in a number of cases before the Patent Court and the CAT on telecoms issues, and is currently acting in arbitration proceedings, raising issues about the impact of competition law on standard essential patents for mobile phone technology. Other telecoms cases include:
Kassie has also acted for Pacific Century Cyberworks (PCCW) in two disputes in Hong Kong. The first was a substantial claim in the Commercial Court regarding hijacking of incoming international calls. The second was an appeal to the Competition Appeal Board regarding predatory pricing in the business direct exchange lines (BDEL) services market.
Kassie has extensive experience of regulation of the electricity and gas industries. She has acted for and advised both regulated companies and regulators on issues arising from transmission charging; renewables obligations; the Third Energy Package; electricity trading arrangements in Great Britain; on electricity distribution losses, and on the RIIO and RIIO2 price controls. She is currently advising Ofgem on its regulation of embedded generation, its Transmission Charging Review and RIIO2. Cases include:
She has also advised the Office of the Rail Regulator on the interaction between EC and international law on infrastructure and track access agreements; and regularly advises Ofwat on various issues.
She has also advised Heathrow Airport Limited on various regulatory and related commercial matters, including its airline charging structure.
Kassie has exceptional expertise and experience before the European Courts and the English courts in cases raising issues of EU law (from the High Court to the Supreme Court). She has acted in over 30 cases before the CJEU. She has appeared in cases concerning a variety of issues, including free movement rights, insolvency, telecoms, industrial relations and social policy. She has particular expertise in EU environmental law, and is recognised in the Directories as having “an amazing knowledge of EU law”.
EU Law
Environmental Law
Kassie has experience of litigating procurement issues in the UK and European courts and on advising public and private bodies on such issues.
She has recently been:
Competition Law: “Kassie is a very good person to have around in a tough spot because she is very level-headed and calm. She is an effective and straightforward advocate who is much liked by judges.” – Chambers UK and Chambers Global, 2023
European Law: “She has a commanding court presence.” – Chambers UK, 2023
Telecommunications: “She is a fantastic advocate who is good with clients.” – Chambers UK, 2023
Leading silk in Competition: “As well as a vast knowledge of competition law, Kassie has very strong analytical, drafting and advocacy skills.” – Legal 500, 2023
Leading silk in EU Law – Legal 500, 2023
Leading silk in Telecoms (Regulatory) – Legal 500, 2023
“Kassie Smith QC earns praise as a leader in competition litigation, with interviewees hailing her as “a pleasure to work with and strategically very sound”.” – Competition, Who’s Who Legal Global Guide 2022
Recommended in Competition, Who’s Who Legal UK Bar 2022
Recommended in Energy & Natural Resources, Who’s Who Legal UK Bar 2022
Competition: “She has a really good eye for detail and gives cases the time they need. She is calm in court under pressure from aggressive judges.” “Very constructive in her comments and advice.” “Incredibly responsive and hard-working.” – Chambers UK and Chambers Global, 2022
European: “She gives really good honest, thorough and candid advice, which I appreciate.” – Chambers UK, 2022
Telecommunications: “She guided us through a very challenging process with an extremely calm and measured approach, demonstrating clear judgement as to how best to conduct our defence. Despite her seniority, she was very approachable and receptive to additional viewpoints and discussions as to how the case should be managed.” – Chambers UK, 2022
Leading silk in Competition: “She is open to new ideas and good at presenting arguments in simple terms.” – Legal 500, 2022
Leading silk in EU Law: “Kassie’s advocacy is excellent – incisive and engaging. Kassie is conscientious and both a master of the detail and a brilliant strategist.” – Legal 500, 2022
Leading silk in IT and Telecoms (Regulatory): “Kassie is measured and knowledgeable, and a pleasure to work with.” – Legal 500, 2022
“Kassie Smith QC is held in high esteem for “knowing European competition law inside out”, with sources also commending her “clear, succinct and practical advice” – Competition, Who’s Who Legal 2021
Telecommunications: “She is measured in her approach and excellent at strategy, which ensures that the case is on a good footing from the outset.” – Chambers UK, 2021
European: “She is very calm and very measured. Clients really like the way she thinks calmly through the issues in difficult situations and comes up with solutions.” – Chambers UK, 2021
Competition: “She is very calm and very measured. Clients really like the way she thinks calmly through the issues in difficult situations and comes up with solutions.” – Chambers UK and Chambers Global, 2021
Leading silk in Competition: ‘‘Kassie is an excellent advocate. Her written advice is also cogent, well-reasoned and easy to follow. She offers thorough and considered advice.’’ – Legal 500, 2021
Leading silk in EU Law: ‘‘Kassie is clever, calm and collected. Responsiveness and excellent team working are two real strengths.’’ – Legal 500, 2021
Leading silk in IT and Telecoms (Regulatory): ‘‘She exemplifies calmness and intelligence and is an excellent team member and exceptionally responsive.’’ – Legal 500, 2021
“A “terrific advocate” who is “legally excellent” and “a real team player”, according to peers.” – Competition, Who’s Who Legal UK Bar 2020
Telecommunications: “She is sensible about what can be achieved and understands that clients can’t always deliver perfect evidence and information. A very good draftsperson who it’s enjoyable to work with.” – Chambers UK, 2020
European: “Her rapport with the client is very good; she is able to set the client at ease and be quite frank with them about the whole process.” – Chambers UK, 2020
Competition: “You can rely upon her to working incredibly well with the team when building a case.” “She is calm and level-headed in a crisis, tackling everything with a good deal of pragmatism.” “Clients really appreciate her advice as she can get across difficult issues and make them easy to understand.” – Chambers UK and Chambers Global, 2020
Leading silk in Competition: ‘‘A brilliant mind and able communicator with an easy manner.’’ – Legal 500, 2020
Leading silk in EU Law: ‘‘An excellent advocate, who also provides cogent and well-reasoned advice.’’ – Legal 500, 2020
“An “extremely good barrister” and “a real team player”, say sources. She stands out for her extensive experience handling competition-related matters” – Competition, Who’s Who Legal UK Bar 2019
Competition: “Very considered and practical. She has a good grasp of the detail in a case and is very tuned in to the client’s concerns and aims.” – Chambers UK and Chambers Global, 2019
European: “She is one of the leading silks for EU free movement rights, and her way of explaining things to the client and her client management skills have been excellent.” – Chambers UK, 2019
Telecommunications: “She has a very thorough grasp of the fundamentals in the telecoms area” and “she really has oodles of common sense.” “She works hard, is approachable and is flexible when it comes to attending to the client’s needs.” – Chambers UK, 2019
Leading silk in Competition: ‘‘Straightforward to work with and excellent at dealing with clients’’ – Legal 500, 2018
Leading silk in EU Law: ‘‘Straightforward to work with and excellent at dealing with clients and creating a favourable impression.’’ –Legal 500, 2018
Competition: “She is very responsive, writes clearly and is good at explaining English law concepts to US clients.” – Chambers UK, 2018
European: “She is very responsive, writes clearly, is commercial and has a real presence.” – Chambers UK, 2018
Telecommunications: “A hard-working and calm barrister with considerable expertise in telecoms regulatory matters as well as mainstream competition issues.” “She is extremely persuasive on her feet and a highly impressive barrister.” – Chambers UK, 2018
Leading silk in Competition: ‘‘Wonderfully pragmatic in her approach.’’ – Legal 500, 2017
Leading silk in EU Law: ‘‘A lateral thinker for complex regulatory matters.’’ – Legal 500, 2017
Leading silk in Environment: ‘‘Thoroughly recommended for high-profile air pollution matters.’’ – Legal 500, 2017
Administrative & Public Law: “A consummate professional, she knows everything there is to know about judicial review and has a real clarity and focus about her.” She brings simplicity to complexity.” – Chambers UK, 2017
Competition Law: “Very approachable and easy to get on with, she’s very fast, clear and someone who cuts to the chase.” – Chambers UK, 2017
Environment: “She has excellent legal qualifications and is very helpful to the solicitor in the preparation of cases.” – Chambers UK, 2017
European Law: “Her advocacy is effective and to the point.” –Chambers UK, 2017
Telecommunications: “She has a clarity and focus about her in court which brings simplicity to the complex.” “She’s very clever, extremely talented and very user-friendly.” – Chambers UK, 2017
Leading silk in EU and Competition: “Responsive and commercial, and she knows when not to overcook things.” – Legal 500, 2016
Leading silk in Environment: “She adopts a very practical approach to difficult issues and is a good team player.” – Legal 500, 2016
Administrative & Public Law: ”She is reserved and poised so when she speaks people listen.” “She’s very effective.” – Chambers UK, 2016
Competition Law: “An extremely good barrister who is legally excellent and has an abundance of common sense.” “She’s strong on strategic thinking and is user-friendly.” – Chambers UK & Chambers Global, 2016
Environment: “She is a really good advocate who is very thorough and easy to work with.” – Chambers UK, 2016
European Law: “She is brilliant and has two amazing skills; she knows everything about EU law and is the fastest worker I have ever met. Her written style is very straightforward and there is no messing around; she is really excellent.” – Chambers UK, 2016
Telecommunications: “She is able to bring clarity to complex issues and do it quickly.” “Very sensible and strategically unflappable.” – Chambers UK, 2016
Leading Silk in EU and Competition Law: ”An exceptional and fearless advocate.” Legal 500, 2015
Competition Law: “She knows her stuff and has a good head on her shoulders.” “She stands her ground and thinks hard about questions.” – Chambers UK, 2015
Environment: “She has an amazing knowledge of EU law and is an excellent member of the team.” “Her paperwork is very good and done at exceptional speed.” – Chambers UK, 2015
European Law: “Her paperwork is exceptional and she produces it at great speed.” “Very calm and measured when dealing with the judiciary.” – Chambers UK, 2015
Telecommunications: “Incredibly accessible, proactive and really down to earth.” “She has broad experience in telecoms and the broader competition field, and is destined to become one of the most sought-after QCs.” – Chambers UK, 2015
Under Competition Law: Viewed as highly deserving of her recent elevation to silk, she is routinely seen acting on behalf of regulators such as the OFT. Has also done several high-profile cases representing private clients, including Guardian Care Homes, which arose from the Libor fixing scandal. “Technically very good and a skilful advocate.” “She is very hard-working and client-friendly.”Chambers UK, 2014
Under Environment Law: A new silk with a strong reputation in environment cases, particularly those involving EU law. She has acted in a number of leading environmental challenges on behalf of NGOs, public bodies and private individuals. “She is measured, structured and clear, and gets the points across in an unfussy way.” Chambers UK, 2014
Under European Law: “Measured, structured and clear, she gets her points across in an unfussy way.”Chambers UK, 2014
The ‘hardworking, efficient and client-friendly’ Kassie Smith QC is recommended as a new Silk in Adminstrative and Public Law.Legal 500, 2013
Kassie is also recommended as a new Silk in Environmental Law and Telecommunications Law. Legal 500, 2013
“New silk Kassie Smith QC is a ‘clear and innovative thinker‘,” recommended under EU & Competition Law. Legal 500, 2013
Competition / European Law: “Kassie Smith is “a real team player” who is repeatedly applauded for her “strong and efficient” advocacy and “very clear and well-drawn submissions.” These attributes contribute to her continuing popularity with instructing solicitors, and her practice extends to both competition and EU law.” Chambers UK, 2013
Under Environment Law: “Kassie Smith has a good relationship with government departments and recently acted for DEFRA in successfully dismissing a judicial review concerning whether the government had failed to meet its air quality targets.” – Legal 500, 2012
Kassie Smith is recommended as a leading junior in Administrative and Public Law. Legal 500, 2012
Kassie Smith is recommended as a leading junior in EU and Competition Law. Legal 500, 2012
Kassie Smith is recommended as a leading junior in Environment Law. Legal 500, 2012
Under Competition/EU law – “Instructing solicitors seek him out … Kassie Smith, who brings to the table “a commonsense approach and all-round legal excellence.” She has been acting for the Competition Commission in Stagecoach Group Plc v Competition Commission.” – Chambers UK, 2012
Environment – “Kassie Smith has an excellent track record in both domestic and EU environmental law, and is currently representing a transatlantic coalition of environmental groups in an intervention to a case brought by a group of airlines and their trade association. The case concerns Europe’s right to tackle carbon emissions from aircraft that travel through Europe. Sources are quick to praise her “fine attention to detail and practical and pragmatic advice.”” – Chambers UK, 2012
Administrative & Public Law recommends Kassie Smith as leading junior. Legal 500, 2011
EU & Competition Law recommends Kassie Smith as leading junior. Legal 500, 2011
Monckton Chambers’ Kassie Smith is ‘exceptionally bright, approachable and willing to go the extra mile to find a solution’. Legal 500, 2011
Kassie Smith, recommended under Competition/European Law in Chambers UK, 2011 “is recognised for the fact that “she gets to the crux of a problem quickly.” Smith acted unled for Waitrose as intervener in Tesco’s appeal against the OFT’s decision to make various impositions upon it following an investigation into the groceries market.”
“Kassie Smith is recognised for her experience of EU and domestic environmental law. She has been particularly active in various matters on behalf of the Environment Agency, and also advised Greenpeace on a number of issues, including on the challenge to plans designed to increase air traffic at Stansted Airport.” – Chambers UK, 2011