Enterprise Chambers

Simon is an experienced commercial chancery barrister specialising in large-scale, technically demanding litigation.

He has particular knowledge of and expertise in group actions arising from failed property investment schemes and the interlocking specialisms involved: civil fraud, freezing orders, banking, professional negligence and private international law.

Simon also acts in a wide range of business disputes, including contractual claims of all kinds, claims for breach of warranty and fiduciary duty, together with company, insolvency and restructuring matters.

Simon’s current caseload:

Representing defendants to a £50 million fraud and conspiracy claim brought by 430 claimants. Among many other things, Simon conducted a 3 day application to discharge a worldwide freezing order.  A 10 week trial will take place in the spring of 2024. Representing the claimants in a group action against negligent solicitors and their insurers. Simon overturned an arbitration award obtained by the insurers by which they purported to avoid liability and outflank the claim. Representing the claimants in a group action against negligent solicitors, who applied to strike out the case as an abuse of process. Simon was brought in to lead the case and resist that application, which turns on Abbott v. MoD [2023] EWHC 1475, on which Simon has published an article here. Representing the claimants in a multi-million pound claim for breach of contract and fiduciary duty, to be tried in December 2023. Simon recently defeated an application for security for costs of approximately £500,000, on the basis of stifling.

The directories describe Simon as “an outstanding barrister who is a KC and High Court judge in the making” and “a fearless and compelling advocate”, who is “always up for a very challenging case”.  He is a seasoned trial and appellate advocate and has acted in the Court of Appeal (led and unled) and Supreme Court.

Commercial

Simon advises clients on a wide range of business disputes including the interpretation, performance and termination of contracts, remedies for breach of contract including specific performance and account of profits, restitution, breach of confidence and claims against IFAs and financial institutions. He has particular expertise in cross-border cases involving foreign jurisdictions and issues of foreign law. He has extensive experience of obtaining, policing and challenging freezing orders. For 12 years Simon has represented large groups of UK citizens suing IFAs, property developers, banks and lawyers in connection with the purchase of investment properties. He also represents defendants in such cases, most recently in 4VVV v Spence.

Recent cases include: 4VVV Ltd & Ors v. Spence & Ors [2023] EWHC 1 (Comm): Representing the third defendant in a £50 million fraudulent misrepresentation and conspiracy claim brought by 430 individuals concerning buy to let holiday properties and student accommodation. Millbrook Healthcare Bidco Ltd v. Croll [2023] EWHC 290 (Comm): Represented the defendants in a multi-million pound claim for breach of warranty arising from the sale of shares in a healthcare business. The judgment praises the “skill and dedication” with which Simon advanced his clients’ case. A v. B: Representing 90 claimants in a £9 million damages claim against negligent solicitors. Having obtained judgment against the solicitors, Simon overturned an adverse arbitration award and will embark on a fresh arbitration against the solicitors’ PI insurers. Cormack & Ors v. AIG (UK) Ltd: Representing 40 claimants in a £12 million damages claim against PI insurers listed for a 9 day trial in November 2023. The principal issue is aggregation. Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193, [2018] PNLR 2: Defeated an appeal on the proper measure of compensation and damages for solicitors’ negligence and breach of trust. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court. Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors [2021] EWHC 1327 (Comm), [2021] 3 All ER 804; [2021] EWHC 1591 (Comm), [2021] Costs LR 659: Represented the successful claimants in a 7 week Commercial Court trial regarding misrepresentations in the sale of holiday properties in Cyprus with unaffordable loan packages (led by Stephen Nathan KC). Simon represented the claimants over 10 years. Argos Ltd. & Homebase Ltd. v. Interserve (Facilities Management) Ltd: Represented the claimants in a dispute concerning alleged overcharging under two service agreements. Represented the claimant company in a Commercial Court claim for damages and injunctive relief arising from the breach of a Tomlin order.

Company

Simon is a leading junior in company disputes praised as “very bright, grasps issues quickly and pleads them well but succinctly”. He advises company boards, individual directors and shareholders on their rights and obligations arising from companies’ constitutional documents, the Companies Act 2006 and the common law. He regularly advises on acrimonious company and board meetings, the exercise of pre-emption rights in relation to the sale of shares, and allegations of unfair prejudice and the breach of fiduciary and other duties. Simon has advised and represented vendors and purchasers on breach of warranty and other claims arising from business acquisitions. He has pursued and defended directors and senior employees in multi-million pound claims for breach of duty and breach of confidence. Simon has prepared constitutional documents for companies and trusts and chaired company meetings.

Recent cases include: Millbrook Healthcare Bidco Ltd v. Croll [2023] EWHC 290 (Comm): Represented the defendants in a multi-million pound claim for breach of warranty arising from the sale of shares in a healthcare business. The judgment praises the “skill and dedication” with which Simon advanced his clients’ case. Przyborowski v. Brotherton: Representing the claimants in a multi-million claim for breach of contract and fiduciary and good faith obligations arising from a joint venture in respect of tenanted properties in Germany (5 day trial in December 2023). Advising a joint venture partner on the dissolution and winding up of a partnership operating extensive commercial properties together with allegations of fraudulent withdrawals of partnership funds. Re Arthur Court: Represented freehold and management companies of a block of flats in London in a bitter dispute with leaseholders who purported to withdraw the directors’ authority and claimed orders requiring Simon’s clients to convene company meetings to dismiss the directors in circumstances which indicated that the claim was vexatious. Advising shareholders in a pay day loan company on their standing to object to a novel scheme of arrangement. Advising a transferee of shares on its entitlement to rectification of the company register to record its title to shares and whether the transfer was a transaction at an undervalue. Advising an LLP on reporting obligations and causes of action against a senior member of the LLP for breaches of the LLP agreement and misfeasance. Advising a financial institution on its entitlement to convert amounts outstanding under loan notes into shares. Advising shareholders and directors on the proposed sale of an internet business and the impact of restrictive covenants and good faith obligations in a shareholders’ agreement.

Insolvency & Restructuring

Simon is a leading junior in insolvency disputes, praised as “very approachable and very knowledgeable on insolvency litigation matters”. He is “an excellent insolvency junior, with an encyclopaedic grasp of the law and a calm and assured advocacy style”. Simon advises and represents officeholders, debtors and creditors in all manner of corporate and personal insolvency cases. He has particular expertise in clawback claims against directors and regularly defends officeholders in challenges to their appointments and claims for misfeasance. Simon has conducted or defended numerous applications under the Cross-Border Insolvency Regulations. He has many years’ experience of cross-border insolvencies of extreme complexity and high value, starting with T&N/ Federal-Mogul, where he was junior counsel to the administrators, and extending to cases in the US and Gibraltar. Simon edits the restructuring chapter of Gore-Browne on Companies and has advised debtors and creditors on proposed schemes of arrangement and CVAs.

Recent cases include: Advising shareholders in a pay day loan company on their standing to object to a novel scheme of arrangement. Kerkar v. Investment Opportunities IV Pte Ltd [2021] EWHC 3255 (Ch), [2022] BPIR 408: Represented the debtor in an application to set aside a statutory demand for £52 million on the basis of the creditor’s alleged bad faith. Ahmed v. Habib Bank Zurich Plc: Represented the creditor bank in an application to set aside a statutory demand for £1 million served by Simon’s client on a company director. The case raised numerous questions including the propriety of placing the company in administration, due process, alleged bad faith and undue influence. Advising a joint venture partner on the dissolution and winding up of a partnership operating extensive commercial properties together with allegations of fraudulent withdrawals of partnership funds. Re Granton Retail Park Ltd: Represented administrators in a multi-million pound misfeasance claim brought by a former director and shareholder in connection with the sale of a high profile mixed-use development in Edinburgh. Advising administrators on challenges to their appointment arising from an alleged conflict of interest and an alleged improper purpose to a paragraph 14 appointment. Advising an industrial company on insolvency issues arising from potential liabilities for personal injury caused by exposure to asbestos. Advising an Australian trustee in bankruptcy on the enforcement of orders of the Australian court against an English domiciliary.

Banking and Finance

Simon undertakes a wide range of banking work, including recovery proceedings under facility agreements, guarantees, mortgages and other securities. He has extensive experience of disputes concerning LPA receivers appointed by banks, including claims for injunctive relief. Simon advises on compliance matters and Sharia-compliant products. Simon is familiar with FSMA 2000 and has appeared for the proponents of Part 7 banking business transfer schemes. Simon has pursued appointed representatives of regulated financial advisory businesses in litigation concerning overseas property and via the Financial Services Compensation Scheme and the Financial Ombudsman Service.

Recent cases include: Representing banks in recovery proceedings against company directors pursuant to personal guarantees including resisting applications for injunctions to restrain the sale of charged property by LPA receivers. Representing guarantors and borrowers opposing such recovery proceedings. Acting for claimants against appointed representatives in the context of cashing in regulated investments to purchase off-plan property sold by the “Harlequin” companies in the Caribbean. Advising a company on the enforceability of rights under loan notes issued by the company and held by a commercial lender.

Professional Negligence and Disciplinary

Many of Simon’s cases concern allegations of breach of duty against professionals including solicitors, accountants, surveyors, IFAs, banks and insolvency officeholders. Simon represented the successful claimants in the Court of Appeal in the Giambrone litigation. The case raised important questions about the measure of compensation for solicitors’ breach of trust and negligence (SAAMCO). Simon has advised and represented numerous individuals in claims against IFAs and foreign lawyers in similar contexts. He has appeared for accountants in the disciplinary tribunal of the ICAEW.

Recent cases include: Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193, [2018] PNLR 2: Defeated an appeal on the proper measure of compensation and damages for solicitors’ negligence and breach of trust. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court. A v. B: Representing 90 claimants in a £9 million damages claim against negligent solicitors. Having obtained judgment against the solicitors, Simon overturned an adverse arbitration award and will embark on a fresh arbitration against the solicitors’ PI insurers. Advising a high net worth individual on claims by former professional advisers and potential counterclaims for professional negligence

Property

Simon represented the claimant in a landmark claim for specific performance of a “heads of terms” contract to grant a lease over a strategic freight site in central London, worth tens of millions of pounds. This case, which settled on the eve of trial, raised questions concerning enforceability, uncertainty, section 2 LPMPA 1995 and estoppel by convention. Simon has extensive experience of proprietary tracing claims and claims under TLATA 1996 concerning beneficial interests in property arising from all manner of trusts in both commercial and family contexts. Property assets are central to many of Simon’s cases, particularly his commercial group actions.

Recent cases include: L. Lynch (Plant Hire & Haulage) Ltd v. Devon & Cornwall Railways Ltd: Represented the claimant in a multi-million pound claim for specific performance of a “heads of terms” contract for the grant of a lease of a strategic freight site in central London. Led by Zia Bhaloo KC. Bokhari v. Shah: Representing the claimants in a claim against an agent for breach of fiduciary duty arising from property investments in central London. Simon obtained a proprietary injunction and worldwide freezing injunction against the defendant, with challenges to those orders dismissed. Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors [2021] EWHC 1327 (Comm), [2021] 3 All ER 804; [2021] EWHC 1591 (Comm), [2021] Costs LR 659: Represented the successful claimants in a 7 week Commercial Court trial regarding misrepresentations in the sale of holiday properties in Cyprus with unaffordable loan packages (led by Stephen Nathan KC). Simon represented the claimants over 10 years. Advising the owner of a multi-million pound buy to let portfolio on the powers of LPA receivers.

2021 Appointed a Deputy District Judge

2002 to 2008: Barrister and Senior Associate in the Advocacy Group of leading international law firm, Dentons.

2010 - Joined Enterprise Chambers

Simon provided free legal advice for several years through the Citizens’ Advice Bureau at the Royal Courts of Justice and the LawWorks Legal Advice Centre in Poplar. He is a volunteer with the CLIPS scheme operated by the Chancery Bar Association.

Spanish (fluent; South American) and French (literate).

Member of the Chancery Bar Association

Member of the Insolvency Lawyers Association

Member of the Commerical Bar Association

1994 to 1997: BA (Hons) in Modern History, University of Oxford, First Class.

1995 to 1997: Elected as a Scholar of University College, Oxford.

1997: Prize for best First Class degree in Modern History from candidates at University College.

1998 to 2000: Queen Mother’s Major Scholarship and Hardwicke Entrance Exhibition, Middle Temple.

Diploma in Law (City University – Commendation); BVC (Inns of Court School of Law – Very Competent).

Simon has served as the governor of a primary school and a volunteer and fundraiser for a soup run for the homeless in central London. For 5 years he organized a week-long programme of voluntary work in southern France for approximately 30 university students and others. Simon has participated in this programme in most years since 1997.