David Smyth

Senior Consultant

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Hong Kong

David specialises in professional practices and insurance & reinsurance, typically acting for professional services firms and their insurers. His particular areas of expertise are professional indemnity defence work, related risk management advice, and general commercial dispute resolution and mediation. He is Director of the Hong Kong Solicitors’ Indemnity Fund, Chair of the Law Society of Hong Kong’s Professional Indemnity Advisory Committee, a member of the Insurance Authority’s Disciplinary Panel Pool, and a member of Law Society of England & Wales.

“A client is for life, not just for Christmas!”

“My speciality is professional practices and insurance & reinsurance. Although this a narrow area of focus, each instruction relates to a different industry or business. This means that each matter is a learning experience for me. I combine this considerable professional experience with a commercial outlook in all my work.

I am qualified in England & Wales as well as Hong Kong. I have also assisted clients in relation to matters in the PRC, Malaysia, Singapore, Taiwan, Bermuda, and Belgium.

I have considerable experience in joining clients on the difficult journey of having their professional work being analysed and criticised, and providing the relevant legal - and more general - support throughout.

Client relationships are extremely important to me. I prioritise being available, and encourage clients to ask questions - however minor they may be, and even if they’re not strictly relevant to the matter at hand. A client is for life, not just for Christmas!”

David’s recent work highlights:

China Medical v KPMG on the cross-border transfer of audit working papers.

Tenwow v PwC on the cross-border transfer of audit working papers.

Nam Tai Electronics v PwC on breach of confidence and appropriate nominal damages award.

Directory quotes

David Smyth is a senior consultant and veteran commercial litigator with more than three decades' worth of experience in handling financial lines and professional indemnity claims. His expertise is routinely sought by a wide range of professional services firms. - Chambers: The Greater China Guide 2022

A client regards him as "elder statesman" in the market - Chambers Asia Pacific 2021

"David Smyth is regarded as a "very senior lawyer" in the insurance space. He has a wealth of experience defending professional indemnity claims as well as advising on other contentious cases. He also possesses notable knowledge of judicial review proceedings." - Chambers Asia Pacific 2020

"Dependable and reliable guy" and a "good operator" who offers "strong technical knowledge, and is commercially astute." - Chambers Asia Pacific 2020

"A very, very good litigator" - Chambers Asia Pacific 2019

"David Smyth is held in high regard as 'an icon' and 'a pioneer' in the Hong Kong insurance market." - Chambers Asia Pacific 2017

"He is an established figure in the market and clients describe him as a 'very bright, approachable and experienced' lawyer with 'good commercial sense.'" - Chambers Asia Pacific 2017

Recommended and listed as a Leading Individual - Legal 500 Asia Pacific 2017

"the globally renowned David Smyth" - Legal 500 Asia Pacific 2016

Recommended and listed as a Leading Individual - Legal 500 Asia Pacific 2016

David Smyth "has an ability to think very logically and bring perspectives to a matter which nobody else has thought about." - Chambers Asia Pacific 2016

"Smyth & Co in association with RPC has a core team of market leaders, headed by the globally renowned David Smyth." – Legal 500 Asia Pacific 2015

"David Smyth is held in high regard for his successful professional indemnity practice. One interviewee attests that Smyth is 'very approachable and very knowledgeable about insurance,' while another describes him as 'a big hitter' for contentious insurance sector work" - Chambers Asia Pacific 2015

Memberships

Member of the Board of Directors of the Hong Kong Solicitors Indemnity Fund Limited.

Chairman of the Law Society of Hong Kong Professional Indemnity Advisory Committee.

Member of the Hong Kong Insurance Law Association Limited.

Member of the Hong Kong Insurers Club Limited.

Independent Non-Executive Director of Liberty Specialty Markets Hong Kong Limited and Liberty International Insurance Limited.