Simon Goldstone
Call 2004
Instruct Simon
To instruct Simon please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
Simon Goldstone is an experienced senior junior and trial advocate. His work is exclusively in the High Court, where he often appears against Silks.
He has particular expertise in the following areas:
- Insurance, in particular: Construction All Risks (CAR) insurance
- Company and insolvency
- Fraud and Commercial
- Professional negligence
- Construction and property damage
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”.
Insurance
Simon has experience of claims involving issues of subrogation, double recovery, policy construction, repudiation and non-disclosure.
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.
Featured Insurance cases
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.
Company & Insolvency
Simon has significant experience of company and insolvency matters. 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.
His work in these areas includes: s994 petitions, allegations of negligence against insolvency practitioners, applications to restrain presentation/advertisement of petitions; claims under s277 Companies Act 1985; derivative claims by minority shareholders; claims against LPA Receivers; validation orders under s127 Insolvency Act 1986; financial assistance for the purpose of the purchase of a company’s shares.
Featured Company & Insolvency cases
Trial of s994 unfair prejudice petition instructed by non-executive director respondent
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.
£15m misfeasance claim against administrators.
Derivative actions (under s262 Companies Act) against the directors of companies who had been diverting company assets and opportunities.
Fraud and Commercial
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 [2019] 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.
Featured Fraud and Commercial cases
Rasmala v Trafigura: ongoing claim arising from commodities financing fraud
Manchester v Balfour & Sochin [2019] 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:
- Against guarantors in a claim where the counter-party to the guarantee was alleged to be entitled to the benefit of a clause by which a certificate was to be conclusive evidence of the guarantor’s liability;
- For guarantors where the defence was based on a set-off between the lender and the defaulting company;
- For guarantors in a summary judgment application concerning the validity and form of prior demands;
- Two week High Court trial of the legality of a collection fee in a receivables finance agreement. The trial also involved a detailed review of the law concerning the exercise of contractual discretions.
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.
Professional Negligence
Simon is regularly instructed in claims against a range of professionals, including accountants, valuers, architects, solicitors and financial advisors.
Featured Professional Negligence cases
Advising auditors in professional regulatory proceedings and a connected claim for £10m+ arising from their allegedly fraudulent failure to qualify financial reports so as to note that the companies were trading whilst insolvent.
Acting for the defendant accountants in a High Court trial concerning s14A Limitation Act 1980, with particular focus on the date on which a shareholder is deemed to know that the company’s accounts showed unlawful dividends.
High Court trial concerning advice as to corporate restructuring, with special focus on financial assistance and the availability of the statutory ‘whitewash’ procedure.
Claims involving investment advice including Collective Investment Schemes.
Acting for the defendant in a multi-million pound claim concerning the tax treatment of research and development expenses.
Claim against solicitors for negligence/breach of fiduciary duty, having allowed their client’s £500m claim to be struck out.
Striking out claim against solicitor where the Court accepted that the claim for breach of fiduciary duty, whilst not expressly covered by Limitation Act 1980, was statute barred.
Acting for claimant solicitors in a fraud/tracing action following the theft from the client account of the proceeds of sale of a property. Simon obtained worldwide freezing orders, disclosure orders against banks, and the claimant was able to recover a substantial proportion of the stolen sums.
Acting for solicitors who were accused of negligently advising a client to sell a share of a property at a fraction of its realisable value.
Acting for solicitors at trial accused of exercising undue influence.
Instructed by the defendant solicitors in a number of high profile negligence/breach of trust claims brought by the purchasers of holiday homes in Italy.
Acting for the claimant whose solicitors allowed a client’s disputed seven-figure personal injury claim to be struck out.
Acting for a defendant who was alleged to have disregarded planning conditions when designing a multi-million pound residential development.
Seven figure claim concerning the design of the foundations of a Tennis Academy.
TCC trial concerning the defendant’s failure to advise that a residential property be demolished.
Subrogated claim against a valuer accused of multiple fraudulent over-valuations.
Acting for defendant valuers of residential properties; the defendants argue that an apparent fraud by the vendors’ solicitors broke the chain of causation.
Acting for commercial valuers, where the dispute centres on the correct method of valuing potential rental income.
A claim concerning the valuation of a new-build property: what is the extent of the duty on the valuer to warn of a likely drop in value from new?
Construction & Property Damage
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.
Featured Construction & Property Damage cases
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
Fire claims
Flooding claims
Direct Access
Qualified to undertake Direct Access work.
Previous life
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.
Court of Appeal hands down judgment in Elliot v Hattens
On 18 May 2021 the Court of Appeal handed down judgment in Elliot v Hattens: a solicitors negligence case that goes to...
Insolvency in the Construction Industry Webinar
**THIS EVENT IS NOW FULLY BOOKED** 4 Pump Court invite you to the first in our series of webinars. This session will...
Recent developments in relation to s.68 of the Arbitration Act 1996
Simon Goldstone and Rani Noakes of 4 Pump Court review P v D [2019] EWHC 1277, in which the Commercial Court gave a...
US $20m commercial fraud victory for Simon Goldstone in the Court of Appeal
This morning the CA (LLJ Longmore, Coulson, Peter Jackson) handed down judgment dismissing the Claimant’s appeal...
Instruct Simon
To instruct Simon please contact our clerks on +44 (0)20 7842 5520 or email [email protected].
Would you like to know more?
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