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, particularly in the real estate sector.
The directories describe Simon as “a brain and a half” and “a fearless and compelling advocate”, who is “always up for a very challenging case”, while “seeing him on his feet and firing on all cylinders is a pure pleasure”. He is “an outstanding barrister who is a KC and High Court Judge in the making”. Simon is a seasoned trial and appellate advocate and has acted in the Court of Appeal and Supreme Court.
Simon’s recent work includes:
- Morris & Ors v. Williams & Co [2024] EWCA Civ 376: Leading counsel for the successful claimants in a group action against negligent solicitors, who applied to strike out the claim as an abuse of process. Simon defeated the application at first instance and on appeal. The Court of Appeal’s judgment is the leading case on using a single claim form in multi-party litigation. Simon’s articles on this subject can be found here.
- 4VVV Ltd. & Ors v. Spence & Ors: Leading counsel for defendants to a £50 million fraud and conspiracy claim brought by 430 claimants. Simon conducted a 3 day application to discharge a worldwide freezing order and appeared in numerous hearings before the claim against Simon’s clients settled.
- A v. B: Leading counsel for the claimants in a £14 million 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 and represented the claimants in a fresh arbitration.
- Multi Service JG Ltd & Anor v. Maybrook Properties Germany Ltd: Counsel for the claimants in a multi-million pound claim for breach of contract and fiduciary duty. Simon defeated a £500,000 application for security for costs, on the basis of stifling.
- Junior counsel for the claimants in 4 forfeiture claims regarding multi-million pound leasehold properties in London arising from breaches of covenants in relation to guarantor insolvency. The claims raise the issue of whether a novel form of US corporate reorganisation (a plan of division, the “Texas two-step”) infringes the rule in Antony Gibbs & Sons v. La Société Industrielle et Commerciale des Métaux [1890] LR 25 QBD 399.
