| Call 1984
Experience and Expertise
Simon’s property practice extends to disputes relating to title, easements, boundaries, covenants, trusts of land, nuisance, conveyancing, landlord and tenant (commercial and residential), leasehold enfranchisement, mortgages, construction contracts and property-related insolvency.
He is instructed by or on behalf of private individuals, companies, institutional clients and a variety of property professionals and is frequently to be found in all the domestic courts and tribunals where property disputes are heard whether on applications, including for urgent interlocutory relief, at trial or on appeal, alternatively in mediation or arbitration.
Cases of Note
He has appeared in a number of significant property cases including:
- 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)
- 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)
- Islam v Al Sami  EWCA Civ 32 (validity of equitable charge)
- 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)
- 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)
- Larksworth Investments v Temple House and Beach  EGCS 86 (construction of alienation clause in commercial lease).
Simon has also recently appeared:
- at trial on behalf of a farm owner seeking relief against the trespassing owner of neighbouring woodland and, in another case, against a neighbour seeking to assert a right of way over woodland adjoining the owners’ property
- on various applications on behalf of an equitable chargee seeking an order for sale of property the subject of the charge and also the subject of a Confiscation Order under the Proceeds of Crime Act 2002
- on an application by the guarantor of a loan to a property development company to set aside a statutory demand served on him by the lender
He is also currently advising:
- the tenants of commercial premises as to their potential relief should the landlord proceed with works of refurbishment to the building which could lead to a cessation of the tenant’s business
- on a number of cases where the client has a potential claim to adverse possession of land under the transitional provisions in Schedule 12 to the Land Registration Act 2002
- a number of landlords of mixed commercial/residential premises as to the need to serve notices on their tenants under section 5 of the Landlord and Tenant Act 1987 giving them rights of first refusal in the event of a sale of the freehold
- the owners of property which was badly damaged by fire emanating from a neighbouring property
Simon is recommended as a leading junior for his property litigation expertise by both Chambers UK and The Legal 500. Clients quoted recently by the directories have described him as “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) and as “very approachable and great with clients” (Property Litigation, The Legal 500 2017).