Simon McLoughlin

2009

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Simon McLoughlin
020 7420 9500

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Legal 500 2017

In line with Chambers’ profile, Simon’s practice covers all areas of Commercial Chancery litigation and arbitration. Simon is regularly instructed to advise and draft pleadings in relation to a wide range of contentious and non-contentious matters. Simon has appeared as an advocate in the First-tier Tribunal (Property Chamber), county courts, all three divisions of the High Court and in arbitration. He is appointed to the Attorney General’s C Panel of Junior Counsel to the Crown.

In the most recent edition of the Legal 500 (2019) Simon is described as “User friendly, very thorough and good on his feet.” The previous edition (2017) praised him as “An excellent barrister, who is very bright and way beyond his call in terms of his level of expertise.”

Commercial Property: Simon acts both for landlords and tenants in lease renewals under the Landlord and Tenant Act 1954, as well as disputes surrounding the construction of service charge provisions, forfeiture, trespass, nuisance and breaches of and the enforceability of leasehold covenants. Recent instructions have included a dispute concerning rights of way over land separating commercial properties, where access was required to facilitate a proposed scheme of redevelopment. 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.

Residential property: Simon frequently advises and appears in the courts and the First-tier tribunal in connection with residential property matters, including leasehold enfranchisement and lease extension, liability for disrepair and nuisance, boundary disputes, party wall issues, breaches of covenant and service charge disputes, as well as applications under the Landlord and Tenant Acts 1985 and 1987. Simon is also regularly instructed in connection with co-ownership disputes, trusts of land and in claims for adverse possession and for rectification of the register.

Mortgages and Security: Simon is instructed by and against banks, institutional lenders and finance companies to advise and draft pleadings in disputes concerning mortgages and charges, as well as personal and company guarantees. 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 and in actions against a lender (and the subsequently appointed receivers) following the forced sale of a multi-million pound security portfolio.

Commercial disputes: 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, and the proper construction and effect of contractual terms and conditions and 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.

Information Technology: Simon is presently instructed by the Secretary of State for Health as junior counsel in relation to the NHS Connecting for Health project, concerning multi-million pound disputes about the largest civilian IT system in the world. Otherwise, recent and current work in this area has included the construction of Software Licence Agreements in the context of access to licensed software within a group of companies and subsidiaries and acting for a IT hardware supplier in a dispute concerning the sale, delivery and technical capabilities of certain elements of wireless network hardware.

Insolvency: Simon acts for a wide range of creditors, debtors and office holders in both individual and corporate insolvency proceedings and is also instructed by the Secretary of State for Business, Energy & Industrial Strategy, HMRC and the Insolvency Service. Simon recently acted for the successful appellant in Van Heeran v Cooper [2014] EWHC 4797 (Ch), a case concerning ‘provable debts’, the enforcement of New Zealand judgments and the interaction between r 12.3 Insolvency Rules 1986 and s. 29(5) Limitation Act 1980. Advisory work in this area has included the consideration of preferences and transactions at an undervalue in the context of constructive trusts and the co-ownership of property.

Company and Partnership disputes: Simon has acted for and advised clients in connection with various company and partnership matters. Recent instructions include acting for an ex-director defending a claim by two companies alleging breach of trust and directors’ duties in the alleged misappropriation of company funds and assets and advising on the relief available to minority shareholders to prevent the ostensible diversion by the majority of assets and profits away from the company. In addition, Simon is instructed by the Secretary of State for Business, Energy & Industrial Strategy in company directors disqualification proceedings and public interest winding up petitions.

Probate and Administration of Estates: Simon’s practice also includes more traditional chancery/ private client work, and has covered a range of contentious probate claims and administration of estates work, particularly where the issues involved included 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.

Professional Negligence: Simon undertakes both claimant and defendant work for a range of clients in connection with professional negligence claims related to the practice areas above. Recent and current 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), 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.

 

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Notable cases

R. (o.a.o. Khan) v Director of Legal Aid Casework [2018] 11 WLUK 77 (Ouseley J.)

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.

HC Realisations Ltd (in administration) v Steen and ors (2018) Ch D (unrep.) (Mr. Robert Miles QC)

Applications for indemnity costs on discontinuance of claim including allegations of fraud and for third party costs orders.

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.

Arbitration (London, 2015-2018)

Acted (led by Alex Charlton QC and Jasbir Dhillon QC) 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) QBD unrep. (Haddon-Cave J) 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  (Arnold J).
Acted (led by Romie Tager QC) 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 QC and Nicholas Baatz QC) 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

Canning v Teacher Stern LLP (2015) Senior Courts Costs Office (Master Rowley); QBD (Spencer J).
Acted for the Defendant solicitors in their successful opposition to a former client’s claim for assessment of bills of costs; requirements of interim statute bill; whether ‘special circumstances’ existed for the purposes of s. 70 of the Solicitors Act 1974; principles applicable to court’s power to grant a stay pending determination of application for permission to appeal.

Taylor Hampton Solicitors Ltd v Smart (2015) Central London CC (HHJ Lochrane).
Acted for solicitors in their successful opposition to the Defendant’s numerous applications heard over three days to set aside a series of historic orders and judgments obtained for unpaid professional fees.

Barclays Bank plc v Lewthwaite (2015) Lincoln CC (Recorder Swain).
Acted for Barclays in its successful claim for principal sums and interest due under various bridging loan and overdraft agreements.

Edison Investment Research Ltd v Sirius Petroleum plc (2015) Central London CC.
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) Central London CC.
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).

Van Heeren v Cooper [2014] EWHC 4797 (Ch); [2015] BPIR 953 (Mr. Stuart Isaacs QC)
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) (HHJ Seymour QC)
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 (Peter Smith J) 
Acting (led by Gary Blaker QC) 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.

White v Prescott (2014) Central London CC (HHJ Collender QC)
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.

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.

Haett Mohamed Abass v Haider Salman Al-Haider (2013) Ch D
Acting for Claimant in claim relating to the ownership of a high value, prime central London property. Settled following mediation.

Pearman v Nasar and Nasar (2013) Colchester CC (Recorder Pugh)
Acting for Defendants in two-day trial of claim and counterclaim between neighbours; case involved serious allegations of racial/ religious and other abuse and harassment; both claim and counterclaim dismissed after first day of trial on terms of cross-undertakings.

Alix Partners LLP v Cayzer (2013) QBD (Mercantile Court)
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.

FB v AB (2011) Ch D
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.

Recommendations

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

(Legal 500, 2019; Property Litigation – Leading Juniors)

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

(Legal 500, 2017; Property Litigation – Leading Juniors)

Memberships

Chancery Bar Association

Property Bar Association

Commercial Bar Association

R3: Association of Business Recovery Professionals

London Common Law and Commercial Bar Association

Society for Computers and Law

Fellow of the Chartered Institute of Arbitrators

Bar Pro Bono Unit

Denning Society

Education

  • BA (Hons) (Double First)
  • MA (Cantab)
  • MPhil (Distinction)
  • GDL, City University (Distinction)
  • BVC, BPP (Outstanding)
  • FCIArb
  • Trevelyan Prize for History, Robinson College, Cambridge
  • College and Senior Scholarships, Robinson College, Cambridge
  • Postgraduate bursary, Corpus Christi College, Cambridge
  • H.A. Thomas Prize for Classics, Cambridge University
  • Hardwicke, Lord Bowen, Lord Denning, and Shelford Scholarships, Lincoln’s Inn
  • Buchanan Prize, Lincoln’s Inn