Region Area

Barristers

Simon Williams

Simon Williams

Position

Barrister and ADR Group accredited mediator specialising in property, commercial chancery and related professional negligence work. Appears regularly in the Property Trusts and Probate, Business, TCC, Insolvency and Companies lists of the Business and Property Courts of England and Wales, in the Court of Appeal, in the First Tier and Upper Tribunals, and in mediation and arbitration. Reported cases include Kuznetsov v Camden LBC [ 2019] EWHC 805 (Ch) (agreement in correspondence arguably compliant with s.2 Law of Property (Miscellaneous Provisions) Act 1989); Baxter & Others v Stancomb [2018] EWHC 2529 (Ch) (order for sale on TOLATA application re property which was part only of a large estate); Food Converters Ltd v Newell [2018] EWHC 926 (Ch) (claimant had not dispossessed paper title owner of land for the purposes of the transitional provisions of the Land Registration Act 2002); Thomas & O’Reilly v Mariner Properties Ltd & Others [2017] BPIR 598 (court looks to substance rather than form when considering tracing of assets through transfers of bank money); Squarestone Ltd v Bishop (2017) (Chd) (mandatory injunction compelling purchaser of commercial property to remove improperly obtained official search certificate from the title of the property); Therium (UK) Holdings Ltd v Cable Plus BV & Others [2016] EWHC 2421 (Comm) (interim remedies for breach of trust arising out of litigation funding agreement); Moorjani v Durban Estates Ltd [2016] 1 WLR 2265 (basis of assessment of damages for breaches of covenants to maintain common parts and to insure building); Smart v The London Borough of Lambeth [2014] HLR 7 (express/implied consent in context of claim to title to property by adverse possession); Good v Onsette Limited [2013] EWHC 3447 (Ch) (entitlement to beneficial ownership of shares in and dividend declared by mining/overseas exploration company); Scott v Kennedys Law & Vertex Law [2011] EWHC 3808 (Ch) (method of assessment of loss on the no transaction basis); Islam v Al Sami [2011] EWCA Civ 32 (validity of equitable charge); Joyce v Bowman Law Ltd [2010] PNLR 22 (causation and computation of damages in claim against negligent conveyancers for loss of a chance to develop land); Ofulue v Bossert [2009] 1 AC 990 HL (acknowledgement of title, without prejudice rule in context of adverse possession claim); Legal Services Commission v Banks (2008) 20 EG 137 (CS) (whether a temporary postponement of rent pending satisfaction of a significant award of damages is a financial gain for the purposes of the statutory legal aid charge); Ofulue v Bossert [2008] 3 WLR 1253 CA (adverse possession, human rights); Mortgage Credit Limited v Kalli [2007] EWCA Civ 1156 (adverse possession in a commercial landlord and tenant context, misconduct by trial judge); Filobake Ltd v Rondo Ltd and Frampton International Ltd [2005] EWCA Civ 563 (construction of performance obligation in contract for supply of goods); Pena v Coyne and Sunmoor Ltd (Chd) [2004] 2 BCLC 703 & 730 (setting aside sale of a restaurant business at an undervalue); Leeman v Mohammed [2001] 82 P & CR 14 (land registration, priority of interests, overriding interests); Hanina v Morland [2000] All ER (D) 1931 (whether alleged right an easement); Larksworth Investments v Temple House and Beach (No 2) [1999] BLR 297 (assessment of damages for disrepair of commercial premises); Savills v Kibble [1998] EGCS 170, Court of Appeal (construction of commission clause in estate agent's contract); Larksworth Investments v Temple House and Beach [1996] EGCS 86 (construction of alienation clause in commercial lease)

Memberships

Chancery Bar Association; Property Bar Association; Professional Negligence Bar Association.

Education

Clifton College, Bristol; Southampton University (1983 LLB (Hons)).

Mentions