Dominique Smith

Dominique Smith

Call: 2016

"Dominique displays the traits and skills of counsel far beyond her call date"

Legal 500 2022

Dominique Smith is an experienced and approachable advocate, who is regularly instructed in complex and high-value injury claims.

She acts for both claimants and defendants in a variety of personal injury, clinical negligence, and travel claims. She also has experience of acting in inquests.

Dominique is a co-author of the leading textbook, Saggerson on Travel Law and Litigation (7th Edition). She has also recently authored ‘A Practical Guide to Cross-Border Clinical Negligence Claims’, due for publication at the end of 2022.

Dominique is an elected member of the Inner Temple’s Bar Liaison Committee (BLC). She is also a committee member of the Inns of Court Alliance for Women.


Expertise

Dominique is recognised in the Legal 500 as a ‘Rising Star’ in travel law. She acts for claimants and defendants and has a particular expertise in cross-border clinical negligence claims, deaths abroad, jurisdictional issues, and package travel regulation cases. She also frequently acts in cases involving the Montreal and Athens Conventions.

Dominique is often instructed on appeals in cases in which she was not involved at first instance. She is currently being led by John Ross KC in a multi-party noise-induced hearing loss claim.

She is a co-author of the leading textbook, Saggerson on Travel Law and Litigation (7th Edition). She has also recently authored ‘A Practical Guide to Cross-Border Clinical Negligence Claims’, due for publication at the end of 2022.

Notable Travel & Cross Border Claims cases


Turpin v TUI [2020] 8 WLUK 261

Dominique was instructed in this appeal, despite not being involved at first instance. The appeal concerned the dismissal of a claim against a tour operator, where the claimants contended that there was a failure to provide food of a satisfactory standard, such that they contracted food poisoning. Dominique was successful before HHJ Walden-Smith, who allowed the appeal and entered judgment against the tour operator.

EW (a minor) v Ors

Dominique is currently acting for a child claimant, who sustained facial fractures and other injuries in a skiing accident. Although liability and causation were initially contested, it has since been admitted. The trial on quantum is listed for four days, to take place in the winter of 2022.

NP v Ors

Dominique was instructed in this cross-border clinical negligence claim, which concerned negligent surgery performed in Belgium. Despite the claim involving complex issues regarding liability, causation and quantum (which all remained in dispute), Dominique was able to secure the Claimant a six-figure settlement.

Dominique has a busy clinical negligence practice and regularly appears in the County Courts and High Court. She is often instructed in cases involving failures to obtain informed consent, delays in treatment, and failures to diagnose, as well as those claims concerning the Fatal Accidents Act. Dominique is also instructed in cases where there are concerns of fundamental dishonesty, given her expertise in that area.

Notable Clinical Negligence & Healthcare cases


A v NHS Trust (2021)

Dominique acted for the NHS in this claim, which arose out of allegedly negligent bariatric surgery. There were issues concerning consent processes, as well as complex issues regarding correct surgical techniques. Liability and causation were both denied, and concerns regarding fundamental dishonesty were raised. The matter settled at a mediation.

E v NHS Trust (2020)

This claim arose from allegedly negligent orthognathic surgery. There were issues concerning consent procedures and failure to remove metalwork. Dominique was instructed by the NHS to robustly defend the claim. The claimant later discontinued proceedings.

Dominique has a broad personal injury practice and regularly acts in multi-injury claims. She acts for both claimants and defendants in a wide variety of claims, including those concerning the Highways Act 1980, employers’ liability, and occupiers’ liability. During pupillage, Dominique assisted Lord Faulks QC and Andrew Spencer in Spearman v Royal United Bath Hospitals NHS Foundation Trust [2017] EWHC 3851 (QB).

Dominique has secured numerous findings of fundamental dishonesty at trial, post-discontinuance, and on appeal. Dominique has also represented clients in the County Court and High Court in applications, CCMCs, and trials.

Dominique is currently being led by by Laura Johnson KC in a claim where a claimant sustained multiple, complex injuries in a road traffic accident, where liability is admitted, and is also being led by John Ross KC in a brain injury case.

Notable Personal Injury cases


JA v SW (2020)

Dominique acted for the Claimant, who suffered multiple, complex injuries when she was knocked to the ground by a vehicle. Liability was admitted, but causation and quantum remained in dispute. Shortly after the CCMC, Dominique was able to secure a six-figure settlement for the Claimant.

S v London Fire Brigade (2020)

Dominique acted for the Claimant, who suffered numerous injuries following a road traffic collision. The Claimant was left with extensive scarring and sustained multiple orthopaedic injuries. Despite causation and quantum being in dispute, Dominique was able to secure the Claimant a settlement for a six-figure sum.

Dominique is often instructed to act for families, public authorities, clinicians, and NHS trusts. She has appeared in inquests concerning Article 2 ECHR issues, deaths in custody, suicides, and those that involve a jury. Dominique has experience of securing neglect riders. Prior to coming to the Bar, Dominique previously worked as an usher at HM Coroner’s Court Surrey.

Notable Inquests & Inquiries cases


Inquest touching the death of Jack Bruce

Dominique is currently instructed to represent the family of Jack Bruce, who was tragically killed when struck by a bin lorry.

Inquest touching the death of Nigel Handscomb

Dominique acted for the family of the Deceased at this two day inquest at Southwark Coroner’s Court. Mr Handscomb had died at University Hospital Lewisham, following his admission to hospital with pneumonia. During the inquest, it transpired that Mr Handscomb’s oral medication was stopped and was not replaced with intravenous medication. Further, no referral was made to a clinician to notify them that Mr Handscomb’s medication had been stopped. As such, his pneumonia was not properly treated and he died several days later. The Coroner concluded that neglect contributed to Mr Handscomb’s death.

Dominique is an experienced advocate in civil fraud. She has secured numerous fundamental dishonesty findings, including post-discontinuance and on appeal.

She is regularly instructed by insurers in road traffic claims concerning staged accidents and phantom passengers.

Notable Civil Fraud cases


Zaib v Cole (2020)

Dominique acted for the Respondent in this appeal, where the Respondent was cross-appealing for a finding of fundamental dishonesty. At trial, the trial judge found the claimant’s evidence was “perforated with inconsistency” and that the claimant had exaggerated his claim, yet did not find him fundamentally dishonest. On appeal, HHJ Simpkiss held that a claimant who put forward such an inconsistent account, who could not explain aspects of his evidence and presented a different account of his injuries to the court, had to be found fundamentally dishonest. He therefore dismissed the claimant’s claim under s57 of the Criminal Justice and Courts Act 2015.


Regulated by the Bar Standards Board (BSB)

Regulated by the Bar Standards Board (BSB) and holds a current practising certificate. To see my privacy notice click here.

  • University of Law (London Bloomsbury), Bar Professional Training Course (Very Competent)
  • University of Surrey, Law LLB (First Class Honours)

  • Inner Temple Bar Liaison Committee
  • Inns of Court Alliance for Women
  • Inner Temple Equality, Diversity and Inclusion Sub-Committee

  • Exhibition Award, Inner Temple (2015)
  • Duke of Edinburgh Entrance Award (2015)
  • STARS Scheme Recipient (University of Surrey Top Achievers Recognised and Supported)

Turpin v TUI [2020] 8 WLUK 261

Zaib v Cole (2020)

"She is very organised, responds fast, does not hesitate to provide advice, and her work is always outstanding. She is very personable, very approachable, and witnesses and judges like her. Consequently she gets some excellent results in otherwise uncompromising cases"

Legal 500 2021

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