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Simon has a property, commercial and professional negligence practice consisting of advocacy, drafting, advisory work and mediating in a range of property and business-related matters. He is recommended as a leading junior for property litigation work by Chambers UK and the Legal 500, and for professional negligence work and as a leading mediator by the Legal 500. In July 2018 he was inducted into the Legal 500 Hall of Fame for his work as a mediator.
Experience and Expertise
More than 30 years at the Bar have equipped Simon with the sort of experience which for some time has been recognised by the leading legal directories. As an advocate he appears frequently 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. In February 2009 he appeared in one of the last cases to be heard by the Judicial Committee of the House of Lords. He is as comfortable on paper or in conference as he is dealing with urgent interlocutory relief, appearing at trial or in front of the various appellate courts and tribunals. Simon is also an experienced and well-regarded mediator of property and commercial disputes.
Cases and Work of Note
- Baxter & Others v Stancomb  EWHC 2529 (Ch) (whether on a TOLATA application a property which was part only of a large estate should be ordered to be sold to enable the sale of the whole estate to go ahead)
- Food Converters Ltd v Newell  EWHC 926 (Ch) (whether on the particular facts of the case the claimant had taken factual possession of land and had therefore dispossessed the paper title owner of the land for the purposes of the transitional provisions of the Land Registration Act 2002)
- Thomas & O’Reilly v Mariner Properties Ltd & Others  BPIR 598 (whether the 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 an improperly obtained official search certificate from the title of the property at HM Land Registry)
- Therium (UK) Holdings Ltd v Cable Plus BV & Others  EWHC 2421 (Comm) (committal proceedings arising out of alleged breaches of asset preservation and asset transfer orders and of a worldwide freezing injunction)
- Moorjani v Durban Estates Ltd  1 WLR 2265 (basis of assessment of damages for breaches by landlord of long leasehold property of covenants to maintain common parts and to insure building)
- Smart v The London Borough of Lambeth  HLR 7 (where S claimed title to property by adverse possession, to what extent L expressly or impliedly consented to S’s occupation of the property when it put in place a scheme for the upkeep of that and a number of its other properties)
- Good v Onsette Limited  EWHC 3447 (Ch) (entitlement to beneficial ownership of shares in and dividend declared by mining/overseas exploration company)
- Scott v Kennedys Law & Vertex Law  EWHC 3808 (Ch) (method of assessment of loss on the no transaction basis)
- Islam v Al Sami  EWCA Civ 32 (validity of equitable charge)
- Joyce v Bowman Law Ltd  PNLR 22 (causation and computation of damages in claim against negligent conveyancers for loss of a chance to develop land)
- Ofulue v Bossert  1 AC 990 HL (whether an admission of ownership in a pleading in earlier proceedings is a continuing or any acknowledgement of title for the purposes of section 29 of the Limitation Act 1980, whether the contents of without prejudice correspondence are admissible as an acknowledgement of title)
- 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  3 WLR 1253 CA (adverse possession, human rights, acknowledgement of title, without prejudice rule)
- Mortgage Credit Limited v Kalli  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  EWCA Civ 563 (construction of performance obligation in contract for supply of goods).
- Pena v Coyne and Sunmoor Ltd (Chd)  2 BCLC 703 & 730 (setting aside sale of a restaurant business at an undervalue)
- Leeman v Mohammed  82 P & CR 14;  EGCS 11, Court of Appeal (land registration, priority of interests, overriding interests)
- Hanina v Morland  All ER (D) 1931 (whether alleged right an easement)
- Larksworth Investments v Temple House and Beach (No 2)  BLR 297 (assessment of damages for disrepair of commercial premises)
- Savills v Kibble  EGCS 170, Court of Appeal (construction of commission clause in estate agent's contract)
- Larksworth Investments v Temple House and Beach  EGCS 86 (construction of alienation clause in commercial lease)
Simon is recommended as a leading junior for property litigation in the latest editions of both Chambers UK and The Legal 500. He is also recommended as a leading junior for professional negligence work and as a leading mediator in the current edition of The Legal 500.
Recent directory comments have included:
- He is sound, clear and analytical (Professional Negligence, The Legal 500 2019)
- Brilliant with clients, he never fails to deliver (Property Litigation, The Legal 500 2019)
- Very bright and personable (Mediators, The Legal 500 2019)
- Produces excellent pleadings and manages clients very well in conference (Real Estate Litigation, Chambers UK 2019)
- An extremely impressive barrister with a friendly and highly professional attitude, whose strengths are his attention to detail, his commitment to clients and his strong sense of the commercial realities of a case. (Real Estate Litigation, Chambers UK 2018)
- Very approachable and great with clients (Property Litigation, The Legal 500 2017)
- Impressive (Professional Negligence, The Legal 500 2017)
- He is a very solid performer. (Real Estate Litigation, Chambers UK 2017)
- He is first class and really knows what he is doing.
- Extremely thorough in his work and never gets flustered.
- A safe pair of hands.
- He has a relaxed style that comes with experience, has the ear of the court and has the gravitas to respond appropriately if the judge disagrees with him.
- Clear and concise.
- Able to deal with individuals and corporate clients in a very effective manner.
- Very confident and very approachable.
- Receives acclaim from clients for his professional negligence and damages-related work.
- Deserving and highly proficient.
- Caught the market’s attention for the quality of his advice on a range of commercial and residential property claims. meticulous but not pedantic.
- In a stressful situation, has the ability to get on with clients and simply deliver messages they don’t necessarily want to hear.
Simon is a frequent lecturer at seminars on topics within his sphere of practice.
- LLB Hons (Soton) 1983
- Called to the Bar by the Inner Temple 1984
- ADR Group Accredited Mediator 2006
Chancery Bar Association; Property Bar Association, Professional Negligence Bar Association.
VAT Registration Number: 524117576
Bar Membership Number: 20286
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