Instruct Simon
To instruct Simon please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
Simon is an experienced senior junior and trial advocate. His work is almost exclusively in the High Court, where he often appears alone against Silks. He accepts work in the DIFC Court in Dubai.
He has expertise in the following areas:
Simon is ranked as a leading junior in the directories where he is described as “A very skilful advocate and tactician, who is very user-friendly”.
Simon’s insurance work includes high value property damage claims. He is a skilled cross-examiner of expert and lay witnesses, and has extensive experience in the drafting of the substantial pleadings and arguments that such cases involve.
Simon’s practice invariably involves large construction projects and he is comfortable with the complex technical issues such cases involve. He has experience of claims involving issues of subrogation, double recovery, policy construction, repudiation and non-disclosure.
Sky & Mace v Riverstone [2023] EWHC 1207 (Comm): Highly complex (technically and legally) £200m Contractors’ All Risks (CAR) arising from damage to the roof at BskyB premises. Simon’s work involved the analysis of causation; design and programming of extensive remedial works (expected to last c5 years and involving activities in multiple disciplines); construction management; structural engineering; and the value of remedial projects.
Success in a £60 million CAR arbitration claim before Lord Mance, arising from alleged damage to a harbour wall.
Simon represented the claimant in a $10m arbitration concerning the collapse of a stacker at a coal refinery in Mozambique. The claim concerned defects in the bracing, and demanded forensic analysis of the loading and performance of the structures in question. The claim settled prior to trial.
£7m CAR arbitration claim arising from alleged damage to a school’s foundations caused by the expansion of foundation fill.
Acting (at trial and on appeal) for successful claimant insurers in a claim for equitable contribution/reimbursement against a marine policy involving technical legal and engineering (wind, metal fatigue) issues arising from damage to plant at an ‘energy from waste’ facility (Ace European Group Ltd v Chartis Insurance UK Ltd [2012] 2 Lloyd’s Rep. 117 and [2013] Lloyd’s Rep. I.R. 485).
Acting for contractors in a £5m dispute concerning delay and defects in domestic school building. The dispute concerned roofing, M&E, drainage, and structural defects, and involved analysis and argument as to decanting programmes.
Acting for the developer in a dispute concerning an application for extensions of time in connection with the construction of a 160-room London hotel.
Advising insurers as to liability under CAR policies for defects to piling caused in the construction of housing developments.
Acting for building contractors in a dispute concerning delays and alleged over-payments in a multimillion pound project for the fit-out of a hotel.
Acting for the designer in a dispute as to the meaning of a liquidated damages clause in the context of a contract for the design and supply of a heating network for a housing association.
Acting for claimant contractors against a public authority, in a claim for £1.3 arising from underpayment and wrongful repudiation of a contract for roofing maintenance services.
He is regularly instructed in cases involving allegations of inadequate cladding and is deeply familiar with relevant Building Regulations and the Building Safety Act 2022. See, for example Naylor v Galliard & Roamquest, in which Simon acted for defendant property developers in a strike out application arising from allegations that re-cladding resulted in diminution in property value.
Adjudications and enforcements make up a significant part of Simon’s construction practice.
Simon has significant experience of company and insolvency matters. Recently he represented a successful respondent in Re Mitt Wearables in a 2-week trial of an Unfair Prejudice (s994 Companies Act) petition; and in recusal application involving allegations of judicial bias.
He appeared in the Court of Appeal for the successful appellant in LDX International LLP v Misra Ventures Ltd. in which the Court of Appeal upheld Simon’s argument that the Court below should not have granted an injunction restraining the presentation of a winding up petition.
Aside from s994 petitions and applications to restrain presentation/advertisement of petitions, Simon’s work includes: allegations of negligence against insolvency practitioners; company deadlock and applications under ss301-306 Companies Act 2006; fraudulent/wrongful trading cf ss213, 214 Insolvency Act 1986; derivative claims by minority shareholders; claims against LPA Receivers; claims against liquidators; validation orders under s127 Insolvency Act 1986; financial assistance for the purpose of the purchase of a company’s shares.
Acting for respondent in s994 unfair prejudice petition arising from termination of a director’s employment and re-categorisation/dilution of shares: In Re Mitt Wearables [2023] EWHC 1800 (Ch).
Part 8 trial in Re Oxford House (Wimbledon) Management Company Limited [2019] EWHC 2181, the leading modern authority on ss301-306 Companies Act 2006 and the chair’s ability to withdraw resolutions from a company meeting.
Acting for administrators in £15m misfeasance claim arising from their failure to sue directors for breach of duties in the management of a gambling business.
£20m fraudulent trading claim against auditors arising from the insolvency of a group of companies in the hospitality sector.
Simon is regularly instructed in multi-jurisdictional disputes, including anti-suit injunctions. His recent international work includes a an application in Cayman to restrain proceedings in Florida arising from a nine-figure insolvency; complex multi-party fraud dispute arising from the breakdown in commercial relationship between Russian shipping operators, involving proceedings in the Isle of Man, Russia and other jurisdictions.
Simon has considerable experience of fraud cases and often accepts instructions in urgent applications for search orders and freezing orders, and committal applications.
Simon was instructed at trial and in the Court of Appeal in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc [2019] EWCA Civ 596, the leading case concerning causation in the context of fraudulent misrepresentation and the circumstances in which a contracting party can claim for losses sustained by a non-party.
Aside from acting in a range of matters for and against banks, Simon has particular experience in claims arising from receivables financing and other forms of asset-based lending. These include claims involving fresh-air invoicing, other frauds on the lenders, contractual disputes, and claims for breaches of personal guarantees arising from the failure of the borrower.
Ahmed v Ouajjou & Ors: Simon obtained a WFO in a £45m claim arising from PPE financing fraud; also a leading recent case on the circumstances in which admissions may be withdrawn.
Rasmala v Trafigura: claim arising from commodities financing fraud.
Manchester v Balfour & Sochin [2019] EWHC 194 (Comm): Freezing Order, unlawful conspiracy, procuring breach of contract.
Shareholder disputes:
Freezing Injunction for a Bank against the foreign-domiciled heirs of a deceased guarantor. Other guarantee claims:
Successful claim for ‘secret commissions’ arising from a commercial property development against both the agent and the commission payer.
Stakeholder action where the debtor sought a ruling as to which of two asset financiers were entitled to payment in respect of a shipment of cargo.
Obtaining urgent injunctive relief including search orders, freezing orders and prohibitory injunctions for applicants in ‘springboard’ actions where it was alleged that employees had stolen confidential data in order to secure a competitive advantage.
Appearing at trial and in the Court of Appeal in a claim concerning an estate agent’s entitlement to commission following the sale of a golf club.
Shah v HSBC [2011] EWCA Civ 1154, the leading case on the conflict between a bank’s duties towards its customers and its duties under the Proceeds of Crime Act 2002.
Simon is regularly instructed in claims against a range of professionals, including solicitors, accountants, valuers, architects, and financial advisors.
Solicitors:
Auditors, Accountants and Financial Advisers:
Architects:
Structural Engineers:
Valuers:
Qualified to undertake Direct Access work.
Before coming to the Bar, Simon spent 5 years as a management consultant with Accenture. As a result, he has a particular insight into the issues that can arise on large scale IT outsourcing and implementation projects. He also worked as a professional musician, touring with pop group Morcheeba.
This long-running US$45m fraud claim (already the subject of decisions at [2022] EWHC 3087 (Comm) and [2023] EWHC 2666...
On 10 October 2023, Mr. Justice Jacobs handed down judgment following a substantive amendment application in Ahmad v...
This morning the Companies Court (ICC Judge Prentis) handed down judgment on a Petition concerning Mitt Wearables Ltd, a...
Last month the Commercial Court handed down judgment in a £200m CAR Insurance claim between BSkyB & Mace v...
Instruct Simon
To instruct Simon please contact our clerks on +44 (0)20 7842 5521 or email [email protected].
For help and advice talk to a member of our clerking team. They can advise on the best options for your matter.
Call: +44 (0) 20 7842 5555