Simon is a specialist commercial, construction and insolvency barrister. He regularly acts for clients in complex and high value disputes, both in his own right and as part of a counsel team. He has extensive experience of High Court and County Court litigation, adjudication and all forms of Alternative Dispute Resolution.
Simon is qualified as a chartered accountant (ACA) and has a thorough grasp of statutory and management accounts. He has a strong understanding of numerical analysis, which he has successfully brought to bear in many construction and insolvency disputes.
Before coming to Hardwicke, Simon worked for 4 years at PwC, where he assisted FTSE 100, FTSE 250 and private companies on a range of tax and accounting issues. In particular, he advised on employee remuneration and share incentive arrangements, and spent his final year in a team advising banks and other financial services companies on regulatory issues.
Commercial Litigation
Simon acts in a wide range of commercial disputes, covering contractual issues, liability in tort, restitution, insurance, and commercial fraud.
From his experience at PwC, Simon understands the needs of clients and the importance of adopting a commercial approach when dealing with the issues they face. His experience as a chartered accountant means he also has a strong ability to quickly grasp business accounts, management and financial information, and understand its impact on the issues in dispute.
Recent and on-going cases include:
- Assisting Nigel Jones QC and Laurence Page in the defence to a claim brought by SKAT, the arm of the Danish Government dealing with tax, to recover over £2 billion alleged to have been paid out pursuant to a fraudulent dividend withholding tax conspiracy.
- Acting for a professional motorbike racer and racing team in a dispute over sponsorship payments and ownership of team assets.
- Advising in respect of a multi-year maintenance services agreement entered into with a local authority, in particular the operation of provisions measuring performance of the relevant circumstances against defined Key Performance Indicators (KPIs).
- Assisting Nigel Jones QC and Aileen McErlean in a major commercial fraud dispute, including issues arising in an international arbitration, under the Consumer Credit Act 1974, and limitation.
- Acting for an Independent Financial Advisor in a breach of contract case concerning delay in delivery of promised computer software and website services.
- Acting for an insurance company in a dispute concerning ownership of IP rights in software developed by a third party supplier.
- Acting for a high street bank in a claim for unpaid debts, where confusion and dispute had arisen over whether the debt was owed by the individual personally or his company.
Simon acts in a wide range of commercial disputes, covering contractual issues, liability in tort, restitution, insurance, and commercial fraud.
From his experience at PwC, Simon understands the needs of clients and the importance of adopting a commercial approach when dealing with the issues they face. His experience as a chartered accountant means he also has a strong ability to quickly grasp business accounts, management and financial information, and understand its impact on the issues in dispute.
Recent and on-going cases include:
- Assisting Nigel Jones QC and Laurence Page in the defence to a claim brought by SKAT, the arm of the Danish Government dealing with tax, to recover over £2 billion alleged to have been paid out pursuant to a fraudulent dividend withholding tax conspiracy.
- Acting for a professional motorbike racer and racing team in a dispute over sponsorship payments and ownership of team assets.
- Advising in respect of a multi-year maintenance services agreement entered into with a local authority, in particular the operation of provisions measuring performance of the relevant circumstances against defined Key Performance Indicators (KPIs).
- Assisting Nigel Jones QC and Aileen McErlean in a major commercial fraud dispute, including issues arising in an international arbitration, under the Consumer Credit Act 1974, and limitation.
- Acting for an Independent Financial Advisor in a breach of contract case concerning delay in delivery of promised computer software and website services.
- Acting for an insurance company in a dispute concerning ownership of IP rights in software developed by a third party supplier.
- Acting for a high street bank in a claim for unpaid debts, where confusion and dispute had arisen over whether the debt was owed by the individual personally or his company.
Employment & Executive Disputes
Simon’s time at PwC was spent advising on executive remuneration, with a particular interest in share plans. He therefore has experience dealing with the issues and documentation that accompany performance-related incentive schemes, and the contractual and employment law issues that can arise.
Simon specialised in the tax treatment of share incentive arrangements and tax-advantaged share schemes such as SIPs, CSOPs, SAYE/’Sharesave’ and EMI options. He has a detailed knowledge of the legislation and rules that accompany these plans.
Recent instructions include assisting in advising as to treatment of a ‘bad leaver’ under the terms of an LLP agreement, and problems concerning the exercise of contractual discretion as part of an individual’s performance-related bonus arrangements.
Simon’s time at PwC was spent advising on executive remuneration, with a particular interest in share plans. He therefore has experience dealing with the issues and documentation that accompany performance-related incentive schemes, and the contractual and employment law issues that can arise.
Simon specialised in the tax treatment of share incentive arrangements and tax-advantaged share schemes such as SIPs, CSOPs, SAYE/’Sharesave’ and EMI options. He has a detailed knowledge of the legislation and rules that accompany these plans.
Recent instructions include assisting in advising as to treatment of a ‘bad leaver’ under the terms of an LLP agreement, and problems concerning the exercise of contractual discretion as part of an individual’s performance-related bonus arrangements.
Banking & Finance
Simon frequently acts for financial institutions in consumer and B2B disputes, dealing with issues under the Consumer Credit Act 1974, contractual provisions and enforcement (including mortgage possession).
He also has experience of dealing with banking and financial regulations through his experience in PwC’s specialist Financial Services Reward team.
Recent instructions include acting for a hire-purchase finance company at trial in a claim for unpaid instalments.
Simon frequently acts for financial institutions in consumer and B2B disputes, dealing with issues under the Consumer Credit Act 1974, contractual provisions and enforcement (including mortgage possession).
He also has experience of dealing with banking and financial regulations through his experience in PwC’s specialist Financial Services Reward team.
Recent instructions include acting for a hire-purchase finance company at trial in a claim for unpaid instalments.
Adjudication
Simon regularly accepts instructions through Hardwicke’s Fixed Fee Adjudication scheme, and has experience acting for both referring and responding parties.
Recent instructions include:
- Responding Party – an extension of time claim arising on a c. £4m private residential construction project.
- Responding Party – a subsequent adjudication in the same dispute, alleging numerous variations and seeking additional payments.
- Responding Party – a ‘smash and grab’ adjudication where neither party had strictly adhered to the payment/pay less notice regimes set out in the contract.
- Referring Party – a final account adjudication including claims for variations and prolongation costs.
- Responding Party – a valuation dispute arising from a major external wall insulation project, where both parties had relied heavily on oral instructions and there was a consequent lack of written records.
- Referring Party – a breach of contract claim by a property developer against a major lift manufacturer alleging that the lifts supplied did not meet the contractual specification.
- Referring Party – a claim for payment for additional works instructed informally and outside the contractual mechanism.
Simon regularly accepts instructions through Hardwicke’s Fixed Fee Adjudication scheme, and has experience acting for both referring and responding parties.
Recent instructions include:
- Responding Party – an extension of time claim arising on a c. £4m private residential construction project.
- Responding Party – a subsequent adjudication in the same dispute, alleging numerous variations and seeking additional payments.
- Responding Party – a ‘smash and grab’ adjudication where neither party had strictly adhered to the payment/pay less notice regimes set out in the contract.
- Referring Party – a final account adjudication including claims for variations and prolongation costs.
- Responding Party – a valuation dispute arising from a major external wall insulation project, where both parties had relied heavily on oral instructions and there was a consequent lack of written records.
- Referring Party – a breach of contract claim by a property developer against a major lift manufacturer alleging that the lifts supplied did not meet the contractual specification.
- Referring Party – a claim for payment for additional works instructed informally and outside the contractual mechanism.
Construction Litigation
Simon is part of Hardwicke’s market-leading construction team, and has been involved in both major disputes led by more senior members and matters he has dealt with in his own right.
He has experience of dealing with issues arising under JCT and other standard form contacts (including payment provisions), professional negligence and breach of warranty claims.
Recent cases include:
- Acting for a major External Wall Insulation (EWI) subcontractor in a c. £3m TCC dispute, including drafting pleadings and appearing at the CMC.
- Acting as a junior to David Pliener in a c. £3m dispute over the supply of concrete in the course of motorway construction works.
- Assisting a Jersey-based advocate with ongoing litigation regarding defects in the construction of a c. £12m home, including water ingress and inadequate drainage.
- Advising in respect of potential claims arising from cladding works found to be defective during inspections carried out in the wake of the Grenfell tragedy.
- Acting for a Housing Authority in a dispute with an electrical subcontractor, alleging defective works leading to costs of repair and increased electricity charges.
- Together with Paul Reed QC and Michael Wheater, advising in respect of potential claims arising from the flooding of an underground carpark in a major development project, caused by a failure to correctly locate the groundwater level prior to construction.
- Assisting David Pliener in advising a major building contractor on their potential liability to their client following cracks developing in a floor slab, and of potential downstream claims against their sub-contractors in respect of such liability.
- Acting for the claimant in a claim against specialist external plastering subcontractors, alleging negligence and breach of warranty in failing to achieve a smooth external finish.
Simon is part of Hardwicke’s market-leading construction team, and has been involved in both major disputes led by more senior members and matters he has dealt with in his own right.
He has experience of dealing with issues arising under JCT and other standard form contacts (including payment provisions), professional negligence and breach of warranty claims.
Recent cases include:
- Acting for a major External Wall Insulation (EWI) subcontractor in a c. £3m TCC dispute, including drafting pleadings and appearing at the CMC.
- Acting as a junior to David Pliener in a c. £3m dispute over the supply of concrete in the course of motorway construction works.
- Assisting a Jersey-based advocate with ongoing litigation regarding defects in the construction of a c. £12m home, including water ingress and inadequate drainage.
- Advising in respect of potential claims arising from cladding works found to be defective during inspections carried out in the wake of the Grenfell tragedy.
- Acting for a Housing Authority in a dispute with an electrical subcontractor, alleging defective works leading to costs of repair and increased electricity charges.
- Together with Paul Reed QC and Michael Wheater, advising in respect of potential claims arising from the flooding of an underground carpark in a major development project, caused by a failure to correctly locate the groundwater level prior to construction.
- Assisting David Pliener in advising a major building contractor on their potential liability to their client following cracks developing in a floor slab, and of potential downstream claims against their sub-contractors in respect of such liability.
- Acting for the claimant in a claim against specialist external plastering subcontractors, alleging negligence and breach of warranty in failing to achieve a smooth external finish.
Property Damage
Simon has experience of cases dealing with construction, property and property damage matters.
Recent instructions include:
- Acting for the defendants to a potential claim alleging work in one flat caused damage to other flats in the same building. The allegations raised issues of duty of care and complex structure theory.
- Drafting particulars in a neighbour dispute, including issues of trespass, Party Wall Act claims and negligence.
Simon has experience of cases dealing with construction, property and property damage matters.
Recent instructions include:
- Acting for the defendants to a potential claim alleging work in one flat caused damage to other flats in the same building. The allegations raised issues of duty of care and complex structure theory.
- Drafting particulars in a neighbour dispute, including issues of trespass, Party Wall Act claims and negligence.
Professional Indemnity Insurance
Simon’s insurance experience has also involved him in professional indemnity claims.
Recent instructions include:
- Acting for insurers of conveyancing solicitors, responding to a potential claim alleging negligence in respect of ground rent escalation provisions.
- Drafting particulars of claim on behalf of professional indemnity insurers in a claim by their insured for unpaid invoices. The defence and counterclaim alleged professional negligence against the insured professional accountant.
Simon’s insurance experience has also involved him in professional indemnity claims.
Recent instructions include:
- Acting for insurers of conveyancing solicitors, responding to a potential claim alleging negligence in respect of ground rent escalation provisions.
- Drafting particulars of claim on behalf of professional indemnity insurers in a claim by their insured for unpaid invoices. The defence and counterclaim alleged professional negligence against the insured professional accountant.
Insurance Coverage
Simon regularly acts in insurance matters, including coverage disputes and professional negligence claims.
Recent instructions include:
- Assisting Nigel Jones QC and Sarah McCann in relation to insurance coverage points arising from the liquidation of Enterprise Insurance Company.
- Represented a major health insurance provider at the trial of a claim brought by a customer. Successfully argued that the policy had ended prior to the relevant treatments being carried out, and accordingly that the insurer had no liability in respect of them.
- Drafting a letter of response to a claim brought against an insured construction contractor, alleging negligence in carrying out work in a flat leading to damage to the building and other flats within it.
- Drafted the defence in an insurance coverage dispute, arguing that the healthcare treatments for which the claimant sought coverage did not fall within the definitions set out in the policy.
Simon regularly acts in insurance matters, including coverage disputes and professional negligence claims.
Recent instructions include:
- Assisting Nigel Jones QC and Sarah McCann in relation to insurance coverage points arising from the liquidation of Enterprise Insurance Company.
- Represented a major health insurance provider at the trial of a claim brought by a customer. Successfully argued that the policy had ended prior to the relevant treatments being carried out, and accordingly that the insurer had no liability in respect of them.
- Drafting a letter of response to a claim brought against an insured construction contractor, alleging negligence in carrying out work in a flat leading to damage to the building and other flats within it.
- Drafted the defence in an insurance coverage dispute, arguing that the healthcare treatments for which the claimant sought coverage did not fall within the definitions set out in the policy.
Financial Professionals, Insolvency Professionals, Directors & Officers
Simon has a particular interest in professional negligence, commercial fraud and other disputes involving tax advisors and finance professionals.
He has gained experience of this type of work through assisting others in chambers during pupillage and in practice, and has had published an article in Tax Journal examining limitation issues in professional negligence claims against tax advisors.
Recent instructions in this area include:
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Simon has a particular interest in professional negligence, commercial fraud and other disputes involving tax advisors and finance professionals.
He has gained experience of this type of work through assisting others in chambers during pupillage and in practice, and has had published an article in Tax Journal examining limitation issues in professional negligence claims against tax advisors.
Recent instructions in this area include:
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Corporate Insolvency
Simon regularly appears in corporate insolvency matters, dealing with winding up petitions and applications in insolvency proceedings, including injunctions to restrain a petitioning creditor from presenting a petition.
Simon has also acted pro-bono for companies needing advice and assistance in winding up petitions via the Company Insolvency (CO.IN) scheme run by City Law School. Issues he has dealt with include the need to apply for a validation order, the impact of a winding up order against the top company in a group, and the steps needed following adjournment of a petition to minimise the chance of the company being wound up at a subsequent hearing.
Recent cases include:
- Assisting Nigel Jones QC and Sarah McCann in relation to the insolvency of Enterprise Insurance Company.
- Acting for the respondent to an application for an injunction restraining winding up proceedings.
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Instructed on behalf of shareholders petitioning to wind up their company on just and equitable grounds, on the basis of deadlock with their fellow shareholders.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Simon regularly appears in corporate insolvency matters, dealing with winding up petitions and applications in insolvency proceedings, including injunctions to restrain a petitioning creditor from presenting a petition.
Simon has also acted pro-bono for companies needing advice and assistance in winding up petitions via the Company Insolvency (CO.IN) scheme run by City Law School. Issues he has dealt with include the need to apply for a validation order, the impact of a winding up order against the top company in a group, and the steps needed following adjournment of a petition to minimise the chance of the company being wound up at a subsequent hearing.
Recent cases include:
- Assisting Nigel Jones QC and Sarah McCann in relation to the insolvency of Enterprise Insurance Company.
- Acting for the respondent to an application for an injunction restraining winding up proceedings.
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Instructed on behalf of shareholders petitioning to wind up their company on just and equitable grounds, on the basis of deadlock with their fellow shareholders.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Personal Insolvency
Simon has extensive experience of bankruptcy proceedings, and frequently represents debtors, petitioners and trustees in all manner of bankruptcy hearings.
Recent cases include:
- Acting for the trustee in bankruptcy in an application for a possession and sale order in respect of the bankrupt’s home. The matter was complicated by the bankrupt’s claim that his interest was reduced by an order made in family proceedings, and the bankrupt’s refusal to cooperate or provide documentation to the trustee.
- Acting for the trustee in an application for a possession and sale order, in circumstances where the bankrupt was facing a serious family emergency.
- Acting on numerous occasions for a bankrupt seeking an adjournment of a bankruptcy petition on the basis of previous payments made.
Simon has extensive experience of bankruptcy proceedings, and frequently represents debtors, petitioners and trustees in all manner of bankruptcy hearings.
Recent cases include:
- Acting for the trustee in bankruptcy in an application for a possession and sale order in respect of the bankrupt’s home. The matter was complicated by the bankrupt’s claim that his interest was reduced by an order made in family proceedings, and the bankrupt’s refusal to cooperate or provide documentation to the trustee.
- Acting for the trustee in an application for a possession and sale order, in circumstances where the bankrupt was facing a serious family emergency.
- Acting on numerous occasions for a bankrupt seeking an adjournment of a bankruptcy petition on the basis of previous payments made.
Construction Insolvency
Simon frequently advises in matters involving combined issues of insolvency and construction law.
Recent instructions include:
- Acting for a plastering and finishing subcontractor resisting an injunction restraining winding up proceedings against a major residential property developer.
- Advising on the effect of clauses in a bespoke construction contract designed to operate in the event of contractor insolvency, and in particular whether they offended the anti-deprivation principle.
Simon frequently advises in matters involving combined issues of insolvency and construction law.
Recent instructions include:
- Acting for a plastering and finishing subcontractor resisting an injunction restraining winding up proceedings against a major residential property developer.
- Advising on the effect of clauses in a bespoke construction contract designed to operate in the event of contractor insolvency, and in particular whether they offended the anti-deprivation principle.
-
Commercial Dispute Resolution
-
Commercial Litigation
- Assisting Nigel Jones QC and Laurence Page in the defence to a claim brought by SKAT, the arm of the Danish Government dealing with tax, to recover over £2 billion alleged to have been paid out pursuant to a fraudulent dividend withholding tax conspiracy.
- Acting for a professional motorbike racer and racing team in a dispute over sponsorship payments and ownership of team assets.
- Advising in respect of a multi-year maintenance services agreement entered into with a local authority, in particular the operation of provisions measuring performance of the relevant circumstances against defined Key Performance Indicators (KPIs).
- Assisting Nigel Jones QC and Aileen McErlean in a major commercial fraud dispute, including issues arising in an international arbitration, under the Consumer Credit Act 1974, and limitation.
- Acting for an Independent Financial Advisor in a breach of contract case concerning delay in delivery of promised computer software and website services.
- Acting for an insurance company in a dispute concerning ownership of IP rights in software developed by a third party supplier.
- Acting for a high street bank in a claim for unpaid debts, where confusion and dispute had arisen over whether the debt was owed by the individual personally or his company.
Simon acts in a wide range of commercial disputes, covering contractual issues, liability in tort, restitution, insurance, and commercial fraud.
From his experience at PwC, Simon understands the needs of clients and the importance of adopting a commercial approach when dealing with the issues they face. His experience as a chartered accountant means he also has a strong ability to quickly grasp business accounts, management and financial information, and understand its impact on the issues in dispute.
Recent and on-going cases include:
-
Employment & Executive Disputes
Simon’s time at PwC was spent advising on executive remuneration, with a particular interest in share plans. He therefore has experience dealing with the issues and documentation that accompany performance-related incentive schemes, and the contractual and employment law issues that can arise.
Simon specialised in the tax treatment of share incentive arrangements and tax-advantaged share schemes such as SIPs, CSOPs, SAYE/’Sharesave’ and EMI options. He has a detailed knowledge of the legislation and rules that accompany these plans.
Recent instructions include assisting in advising as to treatment of a ‘bad leaver’ under the terms of an LLP agreement, and problems concerning the exercise of contractual discretion as part of an individual’s performance-related bonus arrangements.
-
Banking & Finance
Simon frequently acts for financial institutions in consumer and B2B disputes, dealing with issues under the Consumer Credit Act 1974, contractual provisions and enforcement (including mortgage possession).
He also has experience of dealing with banking and financial regulations through his experience in PwC’s specialist Financial Services Reward team.
Recent instructions include acting for a hire-purchase finance company at trial in a claim for unpaid instalments.
-
-
Construction & Engineering
-
Adjudication
- Responding Party – an extension of time claim arising on a c. £4m private residential construction project.
- Responding Party – a subsequent adjudication in the same dispute, alleging numerous variations and seeking additional payments.
- Responding Party – a ‘smash and grab’ adjudication where neither party had strictly adhered to the payment/pay less notice regimes set out in the contract.
- Referring Party – a final account adjudication including claims for variations and prolongation costs.
- Responding Party – a valuation dispute arising from a major external wall insulation project, where both parties had relied heavily on oral instructions and there was a consequent lack of written records.
- Referring Party – a breach of contract claim by a property developer against a major lift manufacturer alleging that the lifts supplied did not meet the contractual specification.
- Referring Party – a claim for payment for additional works instructed informally and outside the contractual mechanism.
Simon regularly accepts instructions through Hardwicke’s Fixed Fee Adjudication scheme, and has experience acting for both referring and responding parties.
Recent instructions include:
-
Construction Litigation
- Acting for a major External Wall Insulation (EWI) subcontractor in a c. £3m TCC dispute, including drafting pleadings and appearing at the CMC.
- Acting as a junior to David Pliener in a c. £3m dispute over the supply of concrete in the course of motorway construction works.
- Assisting a Jersey-based advocate with ongoing litigation regarding defects in the construction of a c. £12m home, including water ingress and inadequate drainage.
- Advising in respect of potential claims arising from cladding works found to be defective during inspections carried out in the wake of the Grenfell tragedy.
- Acting for a Housing Authority in a dispute with an electrical subcontractor, alleging defective works leading to costs of repair and increased electricity charges.
- Together with Paul Reed QC and Michael Wheater, advising in respect of potential claims arising from the flooding of an underground carpark in a major development project, caused by a failure to correctly locate the groundwater level prior to construction.
- Assisting David Pliener in advising a major building contractor on their potential liability to their client following cracks developing in a floor slab, and of potential downstream claims against their sub-contractors in respect of such liability.
- Acting for the claimant in a claim against specialist external plastering subcontractors, alleging negligence and breach of warranty in failing to achieve a smooth external finish.
Simon is part of Hardwicke’s market-leading construction team, and has been involved in both major disputes led by more senior members and matters he has dealt with in his own right.
He has experience of dealing with issues arising under JCT and other standard form contacts (including payment provisions), professional negligence and breach of warranty claims.
Recent cases include:
-
Property Damage
- Acting for the defendants to a potential claim alleging work in one flat caused damage to other flats in the same building. The allegations raised issues of duty of care and complex structure theory.
- Drafting particulars in a neighbour dispute, including issues of trespass, Party Wall Act claims and negligence.
Simon has experience of cases dealing with construction, property and property damage matters.
Recent instructions include:
-
-
Insurance
-
Professional Indemnity Insurance
- Acting for insurers of conveyancing solicitors, responding to a potential claim alleging negligence in respect of ground rent escalation provisions.
- Drafting particulars of claim on behalf of professional indemnity insurers in a claim by their insured for unpaid invoices. The defence and counterclaim alleged professional negligence against the insured professional accountant.
Simon’s insurance experience has also involved him in professional indemnity claims.
Recent instructions include:
-
Insurance Coverage
- Assisting Nigel Jones QC and Sarah McCann in relation to insurance coverage points arising from the liquidation of Enterprise Insurance Company.
- Represented a major health insurance provider at the trial of a claim brought by a customer. Successfully argued that the policy had ended prior to the relevant treatments being carried out, and accordingly that the insurer had no liability in respect of them.
- Drafting a letter of response to a claim brought against an insured construction contractor, alleging negligence in carrying out work in a flat leading to damage to the building and other flats within it.
- Drafted the defence in an insurance coverage dispute, arguing that the healthcare treatments for which the claimant sought coverage did not fall within the definitions set out in the policy.
Simon regularly acts in insurance matters, including coverage disputes and professional negligence claims.
Recent instructions include:
-
-
Professional Liability
-
Financial Professionals, Insolvency Professionals, Directors & Officers
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Simon has a particular interest in professional negligence, commercial fraud and other disputes involving tax advisors and finance professionals.
He has gained experience of this type of work through assisting others in chambers during pupillage and in practice, and has had published an article in Tax Journal examining limitation issues in professional negligence claims against tax advisors.
Recent instructions in this area include:
-
-
Insolvency & Restructuring
-
Corporate Insolvency
- Assisting Nigel Jones QC and Sarah McCann in relation to the insolvency of Enterprise Insurance Company.
- Acting for the respondent to an application for an injunction restraining winding up proceedings.
- Assisting Sarah Clarke in the preparation of a claim by an insolvent company against delinquent directors. The directors had entered into a potentially fraudulent transaction with a Dubai entity, which had taken over liabilities of over £1m owed by the directors to the insolvent company.
- Instructed on behalf of shareholders petitioning to wind up their company on just and equitable grounds, on the basis of deadlock with their fellow shareholders.
- Assisting Sri Carmichael in a claim by a company in liquidation against a de facto director for breach of duty and misappropriation of company funds.
Simon regularly appears in corporate insolvency matters, dealing with winding up petitions and applications in insolvency proceedings, including injunctions to restrain a petitioning creditor from presenting a petition.
Simon has also acted pro-bono for companies needing advice and assistance in winding up petitions via the Company Insolvency (CO.IN) scheme run by City Law School. Issues he has dealt with include the need to apply for a validation order, the impact of a winding up order against the top company in a group, and the steps needed following adjournment of a petition to minimise the chance of the company being wound up at a subsequent hearing.
Recent cases include:
-
Personal Insolvency
- Acting for the trustee in bankruptcy in an application for a possession and sale order in respect of the bankrupt’s home. The matter was complicated by the bankrupt’s claim that his interest was reduced by an order made in family proceedings, and the bankrupt’s refusal to cooperate or provide documentation to the trustee.
- Acting for the trustee in an application for a possession and sale order, in circumstances where the bankrupt was facing a serious family emergency.
- Acting on numerous occasions for a bankrupt seeking an adjournment of a bankruptcy petition on the basis of previous payments made.
Simon has extensive experience of bankruptcy proceedings, and frequently represents debtors, petitioners and trustees in all manner of bankruptcy hearings.
Recent cases include:
-
Construction Insolvency
- Acting for a plastering and finishing subcontractor resisting an injunction restraining winding up proceedings against a major residential property developer.
- Advising on the effect of clauses in a bespoke construction contract designed to operate in the event of contractor insolvency, and in particular whether they offended the anti-deprivation principle.
Simon frequently advises in matters involving combined issues of insolvency and construction law.
Recent instructions include:
-
Languages
- Chinese (Mandarin) – basic
- French – basic
Professional associations
- Member of the Society of Construction Lawyers
- Member of the Inter-Pacific Bar Association
- Member of R3 – Association of Business Recovery Professionals
Publications
- Contributing author to Insurance Broking Law and Practice (ed CMS Cameron McKenna).
- Editor of the Construction Contractual Handbook, with John Bradley and Michael Levenstein (British Constructional Steelwork Association and Construction Industry Publications, 2019)
Qualifications
- ACA from the Institute of Chartered Accountants in England and Wales
- BPTC (Outstanding), Nottingham Law School
- LLM (Distinction), University College London
- BA Law (Jurisprudence), Merton College, University of Oxford
- Taylor Prize for best overall performance on the BPTC at Nottingham Law School (2012)
- Winner of the Ropewalk Chambers Mooting Competition, Nottingham Law School (2012)
- Prize for best performance in International and Comparative Law of Trusts, University College London (2011)
- McGrigors Prize for best performance in Tax Law, University of Oxford (2010)
- Joint winner of the Shearman & Sterling Mooting Competition, University of Oxford (2010)
Related news
- 8 February 2021 Hardwicke sees multiple cases in The Lawyer’s Top 20 cases for 2021
- 15 December 2020 Developments following Ground Developments… or not
- 30 November 2020 Pre-referral directions: mind the gap
- 9 September 2020 Professional Trustees in Breach of Trust: A Guide to Pleadings
- 29 June 2020 Damaged by COVID-19 – What losses will be recoverable?
Previous events
- 10 February 2021 J2J Construction: Construction Insolvency
- 04 February 2021 Hardwicke Brew: COVID and Construction – Who bears the risks of the coronavirus pandemic?
- 09 July 2020 #HardwickeBrew – Insolvency – Winding up petitions and the financial effects of Coronavirus
- 02 July 2020 J2J Commercial: Alternative claims and remedies – avoiding inconsistency and when to elect
- 16 June 2020 #HardwickeBrew – Professional Negligence – Relief from sanctions in a pandemic?
Related articles
- 15 December 2020 Developments following Ground Developments… or not
- 30 November 2020 Pre-referral directions: mind the gap
- 9 September 2020 Professional Trustees in Breach of Trust: A Guide to Pleadings
- 29 June 2020 Damaged by COVID-19 – What losses will be recoverable?
- 19 September 2019 Focus On… Professional Liability
- 19 August 2019 Insolvency proceedings, guarantees and contractual pre-conditions
- 17 May 2019 Legal Business Disputes Yearbook: the full-frontal approach
- 22 October 2018 Privilege and internal investigations: what next for practitioners after ENRC?
- 5 July 2018 Losing out on loss of bargain when terminating in reliance upon contractual rights
- 14 February 2018 Litigation privilege, internal investigations and unpaid VAT
- 12 January 2018 Sorry, what was the question again?
- 19 December 2017 Halsall: bad advice, limitation and tax avoidance
- 17 October 2017 Bad advice, limitation and tax avoidance
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- Simon has acted pro-bono for companies needing advice and assistance in winding up petitions via the Company Insolvency (CO.IN) scheme run by City Law School. Issues he has dealt with include the need to apply for a validation order, the impact of a winding up order against the top company in a group, and the steps needed following adjournment of a petition to minimise the chance of the company being wound up at a subsequent hearing.
- Simon regularly participates in charity events such as the London Legal Walk.
- While at PwC, Simon participated in the PwC Pantomime, a charitable theatrical production which raises funds and provides free tickets to local schools.