Simon
McLoughlin

Simon has been instructed as counsel in a number a high value and complex arbitrations. He has significant experience of working in large teams of counsel and solicitors, as well as acting as sole counsel.

In addition, Simon is frequently asked to advise on the meaning and effect of arbitration and expert determination agreements, on the validity of referrals and appointments and the availability of injunctive and other relief under the Arbitration Act 1996.

Examples of recent and ongoing instructions include:

• LCIA Arbitration (London, 2023-2024): international commercial arbitration; dispute arising from sale and purchase of shares in a BVI Segregated Portfolio Company.
• An arbitration (2021): rent review; construction of arbitration agreement; advising on challenges under ss. 67-69 of the Arbitration Act 1996, including on ground that the arbitrator had not been validly appointed/ lacked jurisdiction.
• An arbitration (London, 2017-2021): complex dispute over technical capabilities of heating apparatus at multiple agricultural sites (led by Ian Clarke Q.C.).
• An arbitration (London, 2015-2018): damages claim for hundreds of millions, culminating in 6-week final hearing (led by Alex Charlton Q.C. and Jasbir Dhillon Q.C.).
• An arbitration (London, 2012-2015): 18-week final hearing on liability for termination of a contract (led by Jeremy Storey Q.C. and Nicholas Baatz Q.C.).

Simon holds a Diploma in International Arbitration and is a Fellow of the Chartered Institute of Arbitrators (FCIArb). He also accepts instructions to act as arbitrator.

Simon is instructed by and against banks, institutional lenders and finance companies to advise and draft pleadings in disputes concerning mortgages and charges, in claims under the Financial Services and Markets Act 2000, as well as in relation to the construction and enforceability of personal and company guarantees and indemnities.

 Examples of cases include:

• Vneshprombank LLC v Bedzhamov [2019] EWHC 1906 (Ch) (HHJ Jarman Q.C.) and on appeal [2019] EWCA Civ 1992; [2019] 2 CLC 792; [2020] 1 All ER (Comm) 911. Acting (with Romie Tager Q.C. and Philip Kremen) for bank in USD 2bn claim against brother of former owner. Correct approach to ‘living expenses’ allowance in pre-judgment worldwide freezing injunction; relevance of reasonableness of lifestyle.
• National Westminster Bank plc v De Kment (2017) (QB) (Merc.) (unrep.) (HHJ Waksman Q.C.). Effect of cross-default provisions; alleged mis-selling of IRHPs; whether counterclaim and set-off excluded by Bank’s terms; ‘usual or last known residence and whether service properly effected under r 6.9 CPR; limitation.
• Barclays Bank plc v Lewthwaite (2015) (unrep.) Acted for Barclays in its successful claim for principal sums and interest due under various bridging loan and overdraft agreements.
• Governor & Company of Bank of Ireland v Shah and anor [2014] EWHC 4839 (QB) (HHJ Seymour Q.C.) Acted for the Bank in long-running possession proceedings; successfully applied to commit the second defendant for contempt of court by refusing to give up possession of (and repeatedly breaking back into) the subject property; second defendant committed to prison for three months.

Simon has experience of a broad range of commercial disputes, including matters involving the sale of goods and transfer of title, the supply of services, bailment, franchising and the proper construction and effect of contractual terms and conditions and of compromise agreements. Recent instructions have included acting for the defendant to a £1m+ claim for fees allegedly due under a contract for professional services in connection with the intended refinancing of a substantial real property and retail holding and a number of disputes concerning the alleged breach of post-termination restrictive covenants, conspiracy and the commission of economic torts.

In addition to his general commercial practice, Simon has significant experience of IT disputes involving detail technical expert evidence and delay analysis. He was instructed by the Secretary of State for Health as junior counsel in relation to the NHS Connecting for Health project, a dispute about the largest civilian IT system in the world. Other recent and current work in this area includes the construction of software licence agreements in the context of access to licensed software within a group of companies and subsidiaries and a dispute over the sale, delivery and technical capabilities of certain elements of wireless network hardware.

 Examples of cases include:

• Hitech Grand Prix Ltd v Enaam Motor Sports Ltd and anor [2021] EWHC 2112 (Ch) acting for Formula 3 team in claims against former driver; law of appropriation; application of Late Payment of Commercial Debts (Interest) Act 1998.
• Vneshprombank LLC v Bedzhamov [2019] EWHC 1906 (Ch) (HHJ Jarman Q.C.) and on appeal [2019] EWCA Civ 1992; [2019] 2 CLC 792; [2020] 1 All ER (Comm) 911. Acting (with Romie Tager Q.C. and Philip Kremen) for bank in USD 2bn claim against brother of former owner. Correct approach to ‘living expenses’ allowance in pre-judgment worldwide freezing injunction; relevance of reasonableness of lifestyle.
• MB South Ltd v McKenna (2018) QB (unrep.) Acting for claimant in claim for injunction (and interim injunction) to compel the delivery up by former employee of company property (documents); sections 3 and 4 Torts (Interference with Goods) Act 1977.
• National Westminster Bank plc v De Kment (2017) QB (Merc.) (unrep.) (HHJ Waksman Q.C.). Mis-selling of IRHPs; whether counterclaim and set-off excluded by Bank’s terms; ‘usual or last known residence and whether service properly effected under r 6.9 CPR; limitation.
• Edison Investment Research Ltd v Sirius Petroleum plc (2015) (unrep.) Acted for successful Claimant in trial of its claim for fees due in connection with its valuation of an AIM-listed company with existing and future/ contingent extraction rights in various blocks in Nigerian oil fields.
• Proctor and anor v Suvakov (2015) (unrep). Acted for Claimants in their successful opposition to the Defendant’s challenge to the Court’s jurisdiction. The matter concerned a claim in connection with the construction of and trusts relating to property in Montenegro; arts. 22 and 23 of the Judgments Regulation (EC 44/2001); forum non conveniens and the application of Owusu v Jackson [2005] QB 801 (ECJ).
• White v Prescott (2014) (unrep.). Acting for successful Claimant in three-day trial of claim and counterclaim in connection with unpaid invoices, novated contracts and (the transfer of) title to and the conversion of an HGV.
• Alix Partners LLP v Cayzer (2013) QB (Merc.) (unrep.) Acting for Defendant to a £1m+ claim for fees allegedly due under a contract for professional services in connection with the intended refinancing of a large estate. Settled at mediation

Simon frequently acts in and advises in connection with a range of company and partnership disputes and regularly appears in the Companies Court. Recent work has included advising a minority shareholder on the merits of an unfair prejudice petition under s. 994 Companies Act 2006 acting for the company in its claims against former executives for breach of duty, acting for an ex-director alleged to have misappropriated company funds in breach of fiduciary and/ or Companies Act 2006 duties and acting for one of three partners in the course of a dissolution of a restaurant partnership.

Between 2017 and 2022, Simon was regularly instructed by the Secretary of State for Business, Energy & Industrial Strategy in claims for disqualification orders against delinquent company directors under the Company Directors Disqualification Act 1986 and related applications.

In addition, Simon has acted for companies in the course of disputes concerning liability for national non-domestic (business) rates, which cases frequently raise complicated questions of landlord and tenant, company and insolvency law.

Simon is ranked in the Legal 500 as a leading junior for Company litigation.

Examples of cases include:

• HC Realisations Ltd (in administration) v Steen and ors (2018) Ch D (unrep.) (Mr. Robert Miles Q.C.); Applications for indemnity costs on discontinuance of company’s claim including allegations of fraud and for third party costs orders against former CEO and COO.
• Secretary of State for Business, Energy and Industrial Strategy v Al-Safee; Re Exotic Global Limited [2018] EWHC 509 (Ch) (ICC Judge Jones). Acted for Secretary of State in proceedings under the Company Directors Disqualification Act 1986; director failed to cooperate with liquidator’s investigations into c. £4m of company transactions; disqualified for 13 years.
• Gamatronic (UK) Ltd and anor v Hamilton and anor [2016] 2 WLUK 432 (QB); LTL 19.02.2016 (Haddon-Cave J.) . Application to strike out former employer’s claims against ex-employees for breach of fiduciary duty and contract; allegations of misuse of confidential information and destruction of emails.
• LB Camden v Tennic Ltd (2015) Highbury Magistrates Court; Ch D (Companies Court) (unrep.) Acted for the company in 4-day trial concerning liability for national non-domestic (business) rates; application to set aside an earlier liability order; related, parallel insolvency proceedings and third-party disclosure applications in the Companies Court

Simon acts for a wide range of creditors, debtors and office holders in individual and corporate insolvency proceedings and in disputes over voluntary arrangements. Simon has been instructed in a wide range of applications arising in the course of IVAs (including by creditors seeking to enforce the terms of  the arrangement and/ or to remove the supervisor), in CVAs (including challenges to the supervisor’s decision-making and valuations), in administration (including for permission to commence and continue proceedings against the company, challenging the administrators’ fees and under paragraph 71(1) of Schedule B1), in company liquidation (including injunctive relief to restrain presentation and applications for validation orders) and in bankruptcy (including applications to set aside statutory demands, in relation to service and for annulment or rescission of bankruptcy orders). He is regularly asked to advise in connection with challenges to transactions preceding and purported effected in the course of insolvency.

In addition, between 2017 and 2022 Simon was regularly instructed by the Secretary of State for Business, Energy & Industrial Strategy, HMRC, the Official Receiver and by the Insolvency Service.

Simon is ranked as a leading junior in the Legal 500, where he is described as “One of the best juniors for property related insolvency work. Simon has superb attention to detail and never loses sight of the client’s business objectives.”

Examples of cases include:

• Secretary of State for Business, Energy and Industrial Strategy v Walk; Re Eclipse Digital Limited [2019] EWHC 2695 (Ch) (ICC Judge Barber). Acted for Secretary of State in proceedings under the Company Directors Disqualification Act 1986; trading to detriment of HMRC; disqualified for 5 years
• Secretary of State for Business, Energy and Industrial Strategy v Al-Safee; Re Exotic Global Limited [2018] EWHC 509 (Ch) (ICC Judge Jones). Acted for Secretary of State in proceedings under the Company Directors Disqualification Act 1986; director failed to cooperate with liquidator’s investigations into c. £4m of company transactions; disqualified for 13 years.
• Re Wulfrun Specialised Fasteners Ltd (2018) Ch D; creditor landlord’s challenge under s. 6 of the Act to decision to approve CVA; whether creditor unconnected; proper approach to valuation of creditor’s claims for purposes of voting; whether material irregularity at meeting.
• In re Home County Developments Ltd (in administration) (2018) Ch D (unrep.) Administrators’ contested application under paragraph 71(1) of Schedule B1 to sell property free of security; scope and extent of entitlement to costs.
• Van Heeren v Cooper [2014] EWHC 4797 (Ch); [2015] BPIR 953 (Mr. Stuart Isaacs Q.C.)
  Appeal of order setting aside statutory demand for sums due under New Zealand judgments on the ground that debt not a provable debt within meaning of r. 12.3 Insolvency Rules 1986; meaning of ‘debt or other liquidated pecuniary claim’ in s. 29(5) of the Limitation Act 1980.
• FB v AB (2011) Ch D (unrep.) Charges; application of s. 36 Administration of Justice Act 1970; acted for Claimant in long-running possession proceedings of high value, prime London property, in circumstances where a Registrar in parallel proceedings had directed that the Defendant’s name and address be withheld from the Individual Insolvency Register for reasons of national security.

Simon acts both for landlords and tenants in opposed and unopposed business lease renewals under the Landlord and Tenant Act 1954, as well as disputes surrounding the construction of service charge provisions, forfeiture and breaches of and the enforceability of leasehold covenants. He has considerable experience of dilapidations claims and the valuation issues arising under s. 18 of the Landlord and Tenant Act 1927 and is often instructed to advise landlord, tenants and office holders on the consequences of landlord and tenant insolvency and/ or in the context of administration and company arrangements.

Simon also accepts instructions in relation to residential landlord and tenants matters. He has advised and appeared in the courts and the First-tier tribunal in connection with a range of disputes, including leasehold enfranchisement and the grants of new leases (‘lease extensions’) under the Leasehold Reform Housing and Urban Development Act 1993, breaches of covenant and service charge disputes, as well as applications under the Landlord and Tenant Acts 1985 and 1987.

Simon is ranked in both Chambers & Partners and the Legal 500 as a leading junior for Real Estate/Property Litigation.

Example cases include:

• Dinglis Estates Ltd v McArthur (2019) CLCC (HHJ Dight CBE); acted for succesful landlord in 5-day trial of claim for possession on ground that protection once afforded by Rent Act 1977 had been lost by reason of tenant ceasing to reside at the flat; Court rejected tenant’s case that he was a ‘two homes man’.
• Re commercial premises in Nottingham (2018-2019) acting for landlord in terminal dilapidations claim; complex s. 18 valuation issues arising from landlord’s short reversionary leasehold interest (settled)
• Re Wulfrun Specialised Fasteners Ltd (2018) Ch D; creditor landlord’s challenge under s. 6 of the Act to decision to approve CVA; whether creditor unconnected; proper approach to valuation of creditor’s claims for purposes of voting; whether material irregularity at meeting.
• The Creative Foundation v Dreamland Leisure Ltd and ors [2015] EWHC 2556 (Ch); [2016] Ch 253; [2015] 3 WLR 1814; [2016] 1 P & CR 1; [2015] PLSCS 263; [2016] JPL 230 (Arnold J.). Dispute over title to a section of the wall of a building on which graffiti attributed to Banksy had been painted. Issues included whether the section of wall had been removed by the tenant in reasonable compliance with its repairing obligations and, if so, whether there was an implied term in the lease that title to the section removed consequently vested in the tenant (led by Romie Tager Q.C.)
• Schwab v 7-9 St George’s Square LLP (2014) Ch D (unrep.) (Peter Smith J.) 12-day trial of claim for breach of trust and counterclaim for alleged losses of £9.5m arising out of a fire in a residential property in Pimlico. Settled after first week of trial (led by Gary Blaker Q.C.)

Simon undertakes both claimant and defendant work for a range of clients in connection with professional negligence claims, most frequently concerning solicitors, surveyors and accountants/ tax advisors engaged in commercial chancery work. Recent instructions include acting in various claims against solicitors and accountants concerning the sale and purchase of both commercial and residential property (and the tax consequences) and on behalf of an insolvency practitioner in connection with solicitors’ negligent advice and conduct of litigation against the insolvent company’s director, as well as acting for defendant solicitors in claims concerning the allegedly negligent transfer of part of land affected by various leases and attendant adverse rights.

Example cases include:

• JR & LR v A firm of solicitors (2020-21). Acting for claimants in claim against solicitors for losses arising from negligent conveyancing; property split over multiple titles; effect of vendor’s conduct.
• Re the acquisition of a property in Bloomsbury, London (2018-2020). Acting for claimant in claim for losses arising from negligent advice in relation to SDLT. Settled
• CC v A firm of solicitors (2019-2020). Acting for claimant IP in claim against solicitors for negligent advice given on compromise of claims against director of insolvent company under s. 212 Insolvency Act 1986. Settled.
• Edwards and ors v Lummis and ors (2018) Ch D (unrep.) Acting for claimants in claims to recover losses suffered as a result of former accountants’ negligent failure to file tax returns.
  
• Link Travel Limited and ors v Bosworths (a firm) (2016) Acting for defendants in claim for alleged negligence in course of commercial conveyancing; effect of s. 141 LPA 1925. Settled shortly before trial.
• DB v MB (2014) Acting for claimant in claim against accountants for losses arising from negligent advice on restructuring of property portfolio; dual-national client; effect of residency rules on UK tax liability.

Simon is instructed by and against banks, institutional lenders and finance companies to advise and draft pleadings in disputes concerning mortgages and charges over real property. Current and recent instructions include advising and acting for a well-known bank in relation to its subrogated claims on the death of the borrower, in actions against a lender (and the subsequently appointed receivers) following the forced sale of a multi-million pound security portfolio, advising a developer on the rights of access to a potential development site and in connection with a number of claims arising out of aborted sale and purchase agreements and the issues arising in connection with deposits, penalties and the availability of relief under s. 49(2) of the Law of Property Act 1925.

Simon is also regularly instructed in connection with co-ownership disputes and applications under the Trusts of Land and Appointment of Trustees Act 1996, in claims involving proprietary estoppel, nuisance, trespass and disputed boundaries and/ or adverse possession and for orders for rectification of the register.

Simon is ranked in both Chambers & Partners and the Legal 500 as a leading junior for Real Estate/Property Litigation.

Examples cases include:

• Rojob v Deb [2022] EWHC 1572 (Ch) (Ms Caroline Shea QC) 5-day trial of proprietary estoppel claim concerning residential property in Oxford.
• Twyman v Brookmans Homes Ltd (2022) CLCC (HHJ Parfitt) 2-day trial of boundary dispute; trespass to key parcel providing access to development; Wrotham Park damages; proper approach to interim payment under CPR r44.2(8) post costs management.
• Re access to and boundaries of adjacent agricultural properties (2018-2020) settled shortly before trial.
  
• Sayers v. Skinner (2019) Maidstone CC (HHJ Sullivan); 4-day trial of residential co-ownership dispute; constructive trusts; effect of illegality post Patel v. Mirza
• Re a series of property developments (2018-2021); acting for claimants in proceedings involving claims and counterclaims for declaratory relief and accounts and in relation to the validity of various loan agreements; multiple related actions in Ch D and county court.
• Commercial property dispute (2018). Trespass and easements; acting for defendant landlord in Borough Council’s claim for declaratory and injunctive relief to enforce terms of covenants; whether Council entitled to enforce covenants against successor in title. Settled.
• Manton v Manning (2018) (unrep.) 2-day trial on boundary dispute; whether dispute over boundary and rights of parking acquired by prescription validly compromised at mediation; effect of s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989
• Clare v Tomlin[2014] EWLandRA 2012_1044, [2014] UKFTT 0395 (PC) (Judge Michell)
  Application for alteration of the register based on construction of apparently conflicting 19th century indentures– whether double conveyance – alternative claim to prescriptive easement.
• Governor & Company of Bank of Ireland v Shah and anor [2014] EWHC 4839 (QB) (HHJ Seymour Q.C.) Acted for the Bank in long-running possession proceedings; successfully applied to commit the second defendant for contempt of court by refusing to give up possession of (and repeatedly breaking back into) the subject property; second defendant committed to prison for three months.

Simon’s practice includes more traditional chancery/private and Court of Protection client work. He has acted in a range of contentious probate claims and administration of estates work and is often instructed where the issues involve the treatment of real property on death. Recent and current instructions have included advising on the validity of a marriage conducted immediately prior to the death of the intestate and the consequent effect on the administration of the estate, advising trustees on the construction of discretionary trusts and the propriety of proposed distributions, as well as acting for one of two personal representatives in the other’s application under s. 50 Administration of Justice Act 1985 to remove her. Simon also has considerable experience of applications under the Inheritance (Provision for Family and Dependants) Act 1975 and the Trusts of Land and Appointment of Trustees Act 1996.

Examples cases include:

• Wooller v. Wooller (2021) Chelmsford CC (HH Moloney QC); 3-day trial of disputed Will on grounds of capacity and want of knowledge and approval; deceased suffered from a rare progressive neurological disorder (Corticobasal Degeneration (CBD)).
• Sayers v. Skinner (2019) Maidstone CC (HHJ Sullivan); 4-day trial of residential co-ownership dispute; constructive trusts; effect of illegality post Patel v. Mirza
• Re Bailey (dec’d) (2016) Fam. (unrep.); acted for dependent applicant in her claim and application for permission to bring 1975 Act claim out of time. Settled after permission granted.
• Kleyman v Kleyman (2013) Ch D (unrep.) (Master Teverson). Application under s. 50 AJA 1985 to remove one of two personal representatives.
• Haett Mohamed Abass v Haider Salman Al-Haider(2013) Ch D (unrep.) Claim for declaratory relief in relation to ownership of a high value, prime central London property purchased. Settled following mediation.

Moyses Stevens Flowers Ltd v. (1) Flower Station Limited (2) David Cohen [2024] EWHC 4 (Ch)

Liability to account; settled accounts and estoppel; strike out, late amendments, concessions and admissions.

The Burke Partnership (a firm) v. The Body Shop International Limited [2023] EWHC 2897 (Ch)

Franchising; construction of contracts, implied terms and rights of termination.

Provincial Equity Finance Ltd v Dines [2023] EWHC 103 (Ch)

Resulting trusts; mixed funds and certainty of objects.

Rojob v Deb [2022] EWHC 1572 (Ch)

Real property; proprietary estoppel and constructive trusts.

Countrywide Sign Ltd v. Blueprometheus Ltd and ors [2022] EWHC 573 (Ch) 

Franchising; restrictive covenants; confidentiality; conspiracy; interim relief; costs on discontinuance.

Hitech Grand Prix Ltd v. Enaam Motor Sports Ltd and anor [2021] EWHC 2112 (Ch) 

Acted for Formula 3 team in claims against former driver; law of appropriation; application of Late Payment of Commercial Debts (Interest) Act 1998.

R. (o.a.a. Lipman) v. The Director of Legal Aid Casework [2020] EWHC 2668 (Admin); [2020] Costs LR 1937; [2020] ACD 137

Acted for successful defendant in claim for Judicial Review of the calculation of the capital contribution required from the claimant towards the costs of his criminal legal aid under reg. 28 of the Criminal Legal Aid (Contribution Orders) Regulations 2013. In valuing the claimant’s real property assets, which included a substantial investment property portfolio, the Director was required to value each asset individually (rather than adopt the ‘general balance sheet’ approach for which the claimant contended).

Secretary of State for Business, Energy and Industrial Strategy v Walk; Re Eclipse Digital Limited [2019] EWHC 2695 (Ch)

Acted for Secretary of State in proceedings under the Company Directors Disqualification Act 1986; trading to the detriment of HMRC; disqualified for 5 years.

Vneshprombank LLC v Bedzhamov [2019] EWHC 1906 (Ch) ; on appeal [2019] EWCA Civ 1992; [2019] 2 CLC 792; [2020] 1 All ER (Comm) 911

Acting (with Romie Tager Q.C. and Philip Kremen)for bank in USD 2bn claim against brother of former owner. Correct approach to ‘living expenses’ allowance in pre-judgment worldwide freezing injunction; relevance of reasonableness of defendant’s lifestyle.

R. (o.a.o. Khan) v The Director of Legal Aid Casework [2018] EWHC 3198 (Admin); [2018] 6 Costs LO 799; [2018] 11 WLUK 77

Acted for successful defendant in claim for Judicial Review of determination under reg. 29 of the Criminal Legal Aid (Contribution Orders) Regulations 2013; statutory interpretation; Article 1, Protocol 1 ECHR rights.

Secretary of State for Business, Energy and Industrial Strategy v Al-Safee; Re Exotic Global Limited [2018] EWHC 509 (Ch)

Acted for Secretary of State in proceedings under the Company Directors Disqualification Act 1986; director failed to cooperate with liquidator’s investigations into c. £4m of company transactions; disqualified for 13 years.

Arbitration (London, 2015-2018)

Acted (led by Alex Charlton Q.C. and Jasbir Dhillon Q.C.) for customer in 6-week trial of claim for hundreds of millions in damages folllowing termination of contract.

Gamatronic (UK) Ltd and anor v Hamilton and anor [2016] 2 WLUK 432 (QB); LTL 19.02.2016 
Application to strike out former employer’s claims against ex-employees for breach of fiduciary duty and contract; allegations of misuse of confidential information and destruction of emails.

The Creative Foundation v Dreamland Leisure Ltd and ors [2015] EWHC 2556 (Ch); [2016] Ch 253; [2015] 3 WLR 1814; [2016] 1 P & CR 1; [2015] PLSCS 263; [2016] JPL 230  
Acted (led by Romie Tager Q.C.) in a dispute concerning title to a section of the wall of a building on which graffiti attributed to Banksy had been painted. Issues included whether the section of wall had been removed by the tenant in reasonable compliance with its repairing obligations and, if so, whether there was an implied term in the lease that title to the section removed consequently vested in the tenant.

Arbitration (London, 2012-2015)

Acted (led by Jeremy Storey Q.C. and Nicholas Baatz Q.C.) for customer in 18-week trial of liability on termination of a contract.

LB Camden v Tennic Ltd (2015) Highbury Magistrates Court; High Court (Chancery Division (Companies Court)).
Acted for the company in 4-day trial concerning liability for national non-domestic (business) rates; application to set aside an earlier liability order; related, parallel insolvency proceedings and third-party disclosure applications in the Companies Court

Van Heeren v Cooper [2014] EWHC 4797 (Ch); [2015] BPIR 953 
Acted for successful Appellant; appeal of order setting aside statutory demand for sums due under NZ judgments on the ground that debt not a provable debt within meaning of r. 12.3 Insolvency Rules 1986; meaning of ‘debt or other liquidated pecuniary claim’ in s. 29(5) of the Limitation Act 1980.

Governor & Company of Bank of Ireland v Shah and anor [2014] EWHC 4839 (QB) 
Acted for the Bank in long-running possession proceedings; successfully applied to commit the second defendant for contempt of court by refusing to give up possession of (and repeatedly breaking back into) the subject property; second defendant committed to prison for three months.

Schwab v 7-9 St George’s Square LLP (2014) Ch D 
Acting (led by Gary Blaker Q.C.) for Claimant in 12-day trial of claim for breach of trust and counterclaim for alleged losses of £9.5m arising out of a fire in a residential property in Pimlico. Settled after first week of trial.

Clare v Tomlin [2014] EWLandRA 2012_1044, [2014] UKFTT 0395 (PC)
Application for alteration of the register based on construction of apparently conflicting 19th century indentures– whether double conveyance – alternative claim to prescriptive easement.

“Simon offers excellent strategic and procedural advice whilst maintaining a very strong commercial awareness. Very good on his feet in court and tremendous with clients.”

“He was very knowledgeable and straight talking and gets his point across really well.”

“Simon’s eye for detail and level of preparation is always impressive.”

Chambers & Partners, 2024

“Simon consistently delivers the highest standard of work, is effective at quickly getting to the root of a problem, and is very client-friendly.”

“One of the best juniors for property related insolvency work. Simon has superb attention to detail and never loses sight of the client’s business objectives”

Legal 500, 2024

“Simon provides excellent advice which is to the point and succinct while also dealing with all of the necessary detail.”

“Simon possesses an extremely sharp academic intellect yet also has outstanding commercial awareness.”

“He is a real team player who is great with strategy and advising on tactics.”

Chambers & Partners, 2023

“Client friendly with good attention to detail”

“…has the ability to process large quantities of complex information with seeming ease. An old head on young shoulders, he is a barrister of choice by a long way.”

Legal 500, 2023

“…frequently instructed as sole counsel in complex disputes…He is a very safe pair of hands and he is impressive before judges. He gets on top of technical cases and cuts through everything. He is very user-friendly with clients.”

Chambers & Partners, 2022

“Talented, bright, technically adept and tactically astute. He has good calm measured client manner and strong communication and advocacy skills – a bright future beckons.”

Legal 500, 2022

“User friendly, taking an intellectual and thorough approach.”

Legal 500, 2021

“Extremely technically able, prepared to roll-up his sleeves to get the work done.”

Legal 500, 2020

“User friendly, very thorough and good on his feet.”

Legal 500, 2019

“An excellent barrister, who is very bright and way beyond his call in terms of his level of expertise.”

Legal 500, 2017