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 exclusively in the High Court, where he often appears against Silks.
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 has experience of claims involving issues of subrogation, double recovery, policy construction, repudiation and non-disclosure.
Sky & Mace v Riverstone: Highly complex (technically and legally) £200m Contractors’ All Risks (CAR) arising from damage to roof at BskyB premises
Success in a £60m CAR arbitration claim before Lord Mance, arising from alleged damage to a sea wall.
$10m arbitration concerning the collapse of a stacker at an oil refinery in Mozambique.
£7m CAR arbitration claim arising from alleged damage to a school’s foundations.
Successfully representing the insured employer at a trial in which the Defendant insurer had denied that the EL policy covered mesothelioma.
Acting for insurers where the issue was whether assignors of claims under travel insurance had sustained losses which entitled the assignee to sue.
Acting for claimant insurers in a claim for equitable contribution/reimbursement against a marine policy involving technical legal and scientific issues. Simon’s clients were successful at trial, in the Court of Appeal and were awarded indemnity costs.
He has particular interest in claims featuring allegations of fraud, in which he is instructed by insurers and policy holders alike. His insurance work includes subrogated high value property damage claims.
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.
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; claims under s277 Companies Act 1985; 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.
Trial of s994 unfair prejudice petition instructed by non-executive director respondent
Part 8 trial in Re Oxford House (Wimbledon) Management Company Limited  EWHC 2181, the leading modern authority on ss301-306 Companies Act 2006 and the chair’s ability to withdraw resolutions from a company meeting.
£15m misfeasance claim against administrators.
Derivative actions (under s262 Companies Act) against the directors of companies who had been diverting company assets and opportunities.
Simon is regularly instructed in multi-jurisdictional disputes, including anti-suit injunctions. His recent international work includes a complex multi-party fraud dispute arising from the breakdown in commercial relationship between Russian shipping operators, involving proceedings in Russia and other jurisdictions.
Simon has considerable experience of fraud cases and often accepts instructions in urgent applications for search orders and freezing orders.
Simon was instructed at trial and in the Court of Appeal in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc  EWCA Civ 596, the leading case concerning causation in the context of fraudulent misrepresentation.
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.
Rasmala v Trafigura: ongoing claim arising from commodities financing fraud
Manchester v Balfour & Sochin  EWHC 194 (Comm): Freezing Order, unlawful conspiracy, procuring breach of contract, trial in October 2020.
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.
Acting for Claimants in High Court trial for outstanding payment of deferred consideration falling due under a share purchase agreement.
Acting for defendants in a multi million pound claim for breach of share purchase agreement with a counter-claim for fraudulent misrepresentation inducing the SPA.
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  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.
Auditors, Accountants and Financial Advisers:
Simon has substantial experience of disputes arising from construction projects and property damage. Adjudications and enforcements make up a significant part of Simon’s practice. He is comfortable even with cases of the highest technical complexity.
Naylor v Galliard & Roamquest: Acting for defendant property developers in strike out application arising from allegations that re-cladding resulted in diminution in property value
Acting for defendant insurers in a £12m arbitration claim arising from the expansion of foundation fill
Acting for claimant beer producer in £2m claim arising from shipment of defective bottles
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.
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