Practice groups

A 'brilliant legal mind' who is 'very technical and knows his stuff inside out.'
Chambers High Net Worth (2022)

N. Leroy Smith is Chair of the firm’s Private Client and Wealth Management Practice Group and is a Partner in the firm’s Litigation practice group.

Leroy has developed a robust traditional chancery practice (covering trusts, probate and real property disputes) alongside a commercial chancery litigation practice (covering business and finance disputes). He also has an established Employment Law practice.

His clients include trust companies, investment and retail banks and private High Net Worth Individuals. He is regularly instructed by leading international law firms and has advised an attorney general of a foreign jurisdiction.

Leroy routinely represents fiduciaries in contentious proceedings (including claims involving allegations of breach of trust/fiduciary duty, fraud, tracing and disputes over the validity of Wills and Trusts) in addition to non-contentious, confidential proceedings (including applications for trustee directions, variation (reformation) of trusts, rectification of Trust documents, interpretation of Wills and for the abolition of perpetuities periods applicable to ‘pre-RAPAA’ trusts).

He also regularly acts in disputes concerning: (i) the interpretation of and/or performance of commercial contracts, joint ventures, distribution and agency contracts; (ii) banking (iii) real property (including disputes concerning purchase/sale contracts and options, joint ownership, landlord and tenant, trespass, adverse possession and other prescriptive rights and construction disputes); (iv) companies (including shareholder disputes/minority oppression); and (v) defamation.

His employment practice is primarily in the Supreme Court in cases involving wrongful/unfair dismissal, claims for contractual bonuses, restraint of trade clauses and breach of confidence and breaches of fiduciary and contractual duties.

Education

  • Trinity College School, Port Hope, Ontario
  • University of Southampton (LL.B.) (Hons), Southampton, England
  • University College London (LL.M.), London, England
  • London School of Mediation Accredited Civil and Commercial Mediator

Bar admissions

  • Bahamas, 1998
  • England and Wales, 1998

Professional memberships

  • Bahamas Bar Association
  • The Honourable Society of Lincoln’s Inn
  • Association of Contentious Trust and Probate Specialists
  • Commonwealth Lawyers Association
  • International Bar Association

Experience

Recent illustrative examples of his representation leading to successful outcomes include applications/proceedings:

  • for Orders setting aside transactions pursuant to Section 91C of the Trustee Act 1998 (which essentially codifies the ‘Hastings-Bass’ jurisdiction as it obtained pre-Pitt v Holt);
  • for trustee directions variously sanctioning proposals for restructuring of trusts, division and distribution of assets and Beddoes relief;
  • for the variation of trusts including the simultaneous abolition of applicable perpetuities periods;
  • defence of securities transfer agent (for publicly listed company) at Trial in respect of alleged breaches of securities exchange rules;
  • defence of major financial institutions at Trial and on Appeal in respect of alleged constructive dismissals following organisational restructuring;
  • for Norwich Pharmacal relief/disclosure in order to compel governmental agency to release CCTV footage;
  • for permanent injunction orders to restrain interference with resort-owned property;
  • for orders for the committal of trespassers.

Publications

Bahamas chapter, International Trust and Divorce Litigation (3rd Edition, 2019)

Bahamas chapter, Tolley’s International Succession Laws (Tolley, 2005)

 

Recognition

  • Chambers High Net Worth, Ranked Attorney (2021-2023)
  • The Legal 500 Caribbean, Leading Individual (2023-2024)
A quick mind with a sharp grasp of the law who provides excellent service, every time, with a response time that is second to none.
Chambers High Net Worth 2021

N. Leroy Smith is Chair of the firm’s Private Client and Wealth Management Practice Group and is a Partner in the firm’s Litigation practice group.

Leroy has developed a robust traditional chancery practice (covering trusts, probate and real property disputes) alongside a commercial chancery litigation practice (covering business and finance disputes). He also has an established Employment Law practice.

His clients include trust companies, investment and retail banks and private High Net Worth Individuals. He is regularly instructed by leading international law firms and has advised an attorney general of a foreign jurisdiction.

Leroy routinely represents fiduciaries in contentious proceedings (including claims involving allegations of breach of trust/fiduciary duty, fraud, tracing and disputes over the validity of Wills and Trusts) in addition to non-contentious, confidential proceedings (including applications for trustee directions, variation (reformation) of trusts, rectification of Trust documents, interpretation of Wills and for the abolition of perpetuities periods applicable to ‘pre-RAPAA’ trusts).

He also regularly acts in disputes concerning: (i) the interpretation of and/or performance of commercial contracts, joint ventures, distribution and agency contracts; (ii) banking (iii) real property (including disputes concerning purchase/sale contracts and options, joint ownership, landlord and tenant, trespass, adverse possession and other prescriptive rights and construction disputes); (iv) companies (including shareholder disputes/minority oppression); and (v) defamation.

His employment practice is primarily in the Supreme Court in cases involving wrongful/unfair dismissal, claims for contractual bonuses, restraint of trade clauses and breach of confidence and breaches of fiduciary and contractual duties.

Education

  • Trinity College School, Port Hope, Ontario
  • University of Southampton (LL.B.) (Hons), Southampton, England
  • University College London (LL.M.), London, England
  • London School of Mediation Accredited Civil and Commercial Mediator

Bar admissions

  • Bahamas, 1998
  • England and Wales, 1998

Professional memberships

  • Bahamas Bar Association
  • The Honourable Society of Lincoln’s Inn
  • Association of Contentious Trust and Probate Specialists
  • Commonwealth Lawyers Association
  • International Bar Association

Experience

Recent illustrative examples of his representation leading to successful outcomes include applications/proceedings:

  • for Orders setting aside transactions pursuant to Section 91C of the Trustee Act 1998 (which essentially codifies the ‘Hastings-Bass’ jurisdiction as it obtained pre-Pitt v Holt);
  • for trustee directions variously sanctioning proposals for restructuring of trusts, division and distribution of assets and Beddoes relief;
  • for the variation of trusts including the simultaneous abolition of applicable perpetuities periods;
  • defence of securities transfer agent (for publicly listed company) at Trial in respect of alleged breaches of securities exchange rules;
  • defence of major financial institutions at Trial and on Appeal in respect of alleged constructive dismissals following organisational restructuring;
  • for Norwich Pharmacal relief/disclosure in order to compel governmental agency to release CCTV footage;
  • for permanent injunction orders to restrain interference with resort-owned property;
  • for orders for the committal of trespassers.

Publications

Bahamas chapter, International Trust and Divorce Litigation (3rd Edition, 2019)

Bahamas chapter, Tolley’s International Succession Laws (Tolley, 2005)

 

Recognition

  • Chambers High Net Worth, Ranked Attorney (2021-2023)
  • The Legal 500 Caribbean, Leading Individual (2023-2024)