Profile description
Simon is recommended as ferociously hard-working and a strong advocate. He has considerable trial experience, both as sole and junior counsel. He brings common sense to each case to try and achieve a sensible, practical outcome for the Client. Simon is accredited to accept direct access instructions and is CEDR accredited mediator.
Simon can provide advice, advocacy and drafting in the following areas:
Business and Property
Property: Landlord and tenant (commercial and residential), repossession claims, real property, boundary disputes, service charge disputes, adverse possession, easements and restrictive covenants. Simon accepts instructions to appear on property law matters in the County Court, High Court and Land Tribunal.
Commercial: Dealing with a wide variety of contractual and commercial disputes relating to the supply of goods and services, misrepresentation, restitution, distribution agreements, agency, banking, mortgage agreements, enforcement of guarantees, retention of title agreements, insurance agreements, bailment and professional negligence.
Company: Representing companies, directors, shareholders and creditors in all aspects of company litigation including applications under the Companies Act 2006, claims in respect of breach of directors’ duties, derivate claims and all types of shareholders’ disputes including unfair prejudice petitions. Acting in Directors’ Disqualification proceedings on behalf of directors.
Insolvency: Dealing with aspects of corporate and personal insolvency including receiverships, administrations, liquidations, statutory demands, bankruptcies, company and individual voluntary arrangements, tracing and recovery of corporate assets, allegations of misfeasance, fraudulent and wrongful trading, insolvent partnerships, transactions at an undervalue; termination of Office holder appointment, substitution of petitioning creditors and supervening applications for administration orders.
Virtual assets and Cryptocurrency: Simon was an early active investor in virtual assets. The regulation of this asset class is evolving and Simon is well placed to advise on the current legislation and protections offered as well as potential future challenges. The world of virtual assets and the role of block chain technology is rapidly advancing. As tradable and transferable assets, they are increasingly on the radar of regulators and now fall firmly under the Anti-Money Laundering (“AML”) regulations. Simon is experienced in advising regulators, private organisations and individual investors on issues related to these virtual assets.
Competition Law: Advising private clients in relation to domestic and EC competition law issues, including damages arising from cartel conduct in Europe.
Cross Border: Simon is instructed to provide advice in a number of jurisdictions. He has considerable experience of issues arising under the EC Insolvency Regulation (including COMI), the Cross-Border Insolvency Regulations 2006, the scope of section 426 of the Insolvency Act 1986 and seeking recognition orders under the Common law where the aforementioned acts do not apply. Simon also has considerable experience advising Office Holders on the validity and accessibility of private wealth trusts.
Intellectual Property: Dealing with breach of Company intellectual property rights (trademarks & patents) including proprietary software.
Partnership: Representing partners and former partners in all aspects of partnership disputes, including preliminary disputes as to the existence and constitution of partnerships, retirements and evictions, the construction and enforcement of partnership agreements and claims for post dissolution accounts and enquiries.
Interlocutory and Interim Applications: Acting in a wide range of interlocutory and interim applications including freezing and other injunctions, disclosure related applications, security for costs, summary judgment, strike out applications, charging orders and costs related applications.
Arbitration: Dealing with arbitration hearings arising from all areas of commercial disputes.
Reported cases
- Lenlyn UK Ltd v Kular [2017] UKEAT/0108/16/DM
- Southwark London Borough Council v IBM UK Ltd [2016] EWHC 549 TCC
- AAG Investments v BAA Airports Ltd [2010] EWHC 2844 Comm
- Re P [2010] EWCA Civ 285 Lloyds Rep FC 405
- Grant Couzens v T Mcgee & Co Ltd [2009] EWCA 952
- University of Wolverhampton v I Elbeltagi [2007] IRLR 521
- Sterling Developments (London) Ltd v J Pagano [2007] IRLR 471
- Crisp v Eastaugh [2007] EWCA Civ 638
- Eastaugh v Crisp [2006] EWHC 2298 (Ch)
Recent cases
- Acting for International Bank in relation to asset recovery in the UK jurisdiction against individual with unpaid guaranteed commercial loans over £50,000,000.
- Advising parties on arbitration clause and effect on stay on proceedings.
- Injunction to restrain winding up petition in relation to a dispute surrounding the sale of a large Country House for £6,000,000.
- Advising Office Holder seeking in excess of £8,000,000 Recovery against Directors for making unauthorised distributions when restructuring a company.
- Defending a committal application against Director of Company for delivery up of documents in relation to wrongful trading claim worth in excess of £4,000,000
Employment
Acting for both Claimants and Respondent employers in Employment Tribunals, the Employment Appeal Tribunal, County Courts, the High Court and the Court of Appeal. Covering all elements of employment law including discrimination litigation, TUPE and related matters as well as unfair/wrongful dismissal and claims under the Working Time Regulations. Injunctive proceedings to enforce restraint of trade covenants
Recent cases
- Acting for multinational telecommunications Company in a Discrimination claim where the claim involved damages to retirement.
- Obtaining an Injunction against a former employee who setup a Limited Company and acted as a shadow Director in breach of restrictive covenants.
- Acting for a multinational foreign exchange business to defend a £1,000,000 Discrimination claim.
