Simon Goldstone

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 Commercial cases

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.

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.

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.

Derivative action (under s262 Companies Act) against the director of a company who had been diverting company assets and opportunities.

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.