Simon Jones

Simon provides expert advice and representation in a wide range of business disputes, including contractual disputes, guarantee claims, shareholder disputes, misrepresentation, civil fraud, remedies for breach of contract, claims for specific performance, accounts of profits, and asset recovery. Simon is equally adept as sole counsel or as part of a larger counsel team and appears in hearings ranging from urgent interim applications to trials. Whether acting for multi-national companies, SMEs or individuals engaged in commercial disputes, Simon prides himself on ensuring his advice and representation reflects the commercial realities of a case and is focused on the business objectives of his clients.

Recent and ongoing work includes:

• Representing (as sole counsel) the defendants in an ongoing dispute concerning the establishment and operation of a joint venture company for the development of land.
• Representing (as junior counsel) the Claimants in a claim concerning breach of contract, fraudulent misrepresentation, and breaches of FSMA 2000.
• Appearing (as junior counsel) for one of the respondents in a US$540m freezing injunction.
• Representing a global charitable foundation seeking a freezing injunction in connection with its commercial activities.
• Representing an energy supplier in resisting interim injunctive relief and in seeking security for costs.

Simon accepts instructions in all areas of property. His practice includes commercial and residential landlord and tenant disputes and real property. Simon has particular interest and expertise in the renewal of business tenancies, forfeiture, breach of covenant, easements, land registration and priorities, party walls, and the transfer of real property. With a solid foundation in insolvency, Simon has a particular interest in property cases with an insolvency element such as where a landlord enters liquidation or administration. Simon is frequently consulted by landlords prior to the commencement of claims, where his advice can be deployed to obtain the best outcome.

Recent cases include:

• Appearing unled in the Court of Appeal in a case concerning the nature of notices seeking possession on the basis of arrears of rent.
• Representing a commercial tenant in a dispute concerning the maintenance of a city-centre office building.
• Representing a marina in a dispute concerning the scope and enforceability of covenants contained in a transfer of land.
• Representing the claimant at a three-day trial concerning damage to a terrace property caused by works in the adjoining property.
• Advising and representing an applicant seeking to overturn a fine issued for the operation of an unlicensed house in multiple occupation.
• Advising a company in respect of a 1998 transfer of land that mistakenly omitted part of the land intended to form a new freehold title.
• Advising a group of sub-lessees on the effect of the liquidation of the head lessor and the disclaimer of the head lease.

Insolvency is a large part of Simon’s practise. He acts for office holders, creditors, and debtors in all stages of personal and corporate insolvency. Simon acts for office holders seeking to realise assets for the benefit of insolvent estates or to challenge preferential transactions. Simon also acts for both creditors and debtor in applications to set aside statutory demands, applications to restrain advertisement of winding up petitions, and in challenges to voluntary arrangements.

Simon is particularly interested in insolvency work where it intersects with his other core practice areas. He has a growing expertise in property related insolvency issues such as disclaimer of leases following liquidation.

Recent cases include:

• Representing a group of applicants seeking to challenge a multimillion-pound CVA.
• Representing the FCA in seeking a just and equitable winding up of a company pursuant to s.367 FSMA 2000.
• Advising the Council of Licensed Conveyancers in respect of the assets of an insolvent, formerly regulated, firm.
• Advising a trustee in bankruptcy seeking to realise assets pursuant to an order for bankruptcy made in 1995.
• Advising the director of an insolvent company facing a claim against him personally alleging wrongful reuse of a company name.
• Advising a defendant company in respect of a claim by a trustee in bankruptcy who was contending certain payments made prior to the bankruptcy amounted to preferences.

Simon undertakes a wide range of banking work in respect of guarantees, mortgages, and facility agreements. Simon acts for lenders and financers as well as corporate and individual borrowers. Through a secondment to the Financial Conduct Authority in 2016 Simon has also gained a detailed understanding of financial services regulation.

In private practice, Simon regularly accepts instructions from the FCA, private individuals, and companies on all matters concerning financial services and financial services regulation.

Recent cases include:

• Representing an asset finance company in a claim against the principal debtor and various guarantors. The defences raised matters of undue influence, misrepresentation and non est factum.
• Advising a borrower on whether a £25m loan was unenforceable for breaching FSMA 2000.
• Advising on the enforceability of a mortgage for business purposes secured against residential property.
• Representing the FCA in an ongoing High Court claim concerning the unauthorised establishment and operation of an investment scheme resulting in significant consumer losses.
• Representing the FCA on a two-day reference to the Upper Tribunal following the refusal to authorise a company to carry out regulated activities.
• Advising a start-up company as to whether its business amounted to a collective investment scheme such that it required FCA authorisation.
• Representing the FCA before the Regulatory Decisions Committee