Simon Hill

I must pay particular tribute to the industry and attention of ... Mr Hill

HHJ Hodge QC

  • Year of Call 2001

Introduction

Introduction

Simon has extensive experience in a wide range of insolvency, property, commercial and chancery disputes. His key areas of expertise are bankruptcy, liquidation, directors' duties, property and contractual matters. 

Simon regularly appears in the Business and Property Courts, typically in the Companies and Insolvency List, where he has an established practice representing companies, creditors, debtors, directors, office holders in various business and company law related matters.

Simon has published over 36 articles and bulletins on personal/corporate insolvency, property, company, taxation, civil procedure and mortgages, amongst other topics. These are available as Insights linked to this profile.

Simon achieved a first class degree in law from Cambridge University and is a scholar of St John's College, Cambridge University.

Simon serves as Deputy Treasurer of 33 Bedford Row. 

Personal Insolvency

Personal Insolvency

Simon regularly advises and represents clients on personal insolvency issues. Simon's clients have been creditors, debtors, bankrupts (undischarged and discharged), as well as office holders. 

Simon advises and represents on clients in respect to all types of insolvency procedures and regimes, for instance, in respect to statutory demands, bankruptcy petitions, challenges to office holder's decisions, through to discharge and release. 

He can also advise on office holder powers during the currency of the insolvency, for example, in respect to antecedent voidable transactions, including transactions at an undervalue, preferences, transactions to defraud creditors, and extortionate credit bargains.

Demonstrating Simon's depth of knowledge in this area, he has written widely on personal insolvency on a myriad of topics, from the grounds for opposing a bankruptcy order, to office holder powers, to the bankrupt's release from most bankruptcy debts. 

Company & Partnership

Company & Partnership

Simon represents and advises clients on directors' duties, shareholders' rights, company borrowing, debentures and charges over company assets, along with corporate rescue and insolvency matters.  

Recent cases have involved:

  • shareholder unfair prejudice;
  • company valuation;
  • directors' disqualification/undertakings;
  • company restoration to the register for purpose of placing in Administration;
  • Correcting Companies House Charges Register;
  • Setting aside Winding Up Orders; and
  • Duomatic shareholder waiving of directors' duty breaches;

As a director and former business owner himself, he understands the needs and demands on a business at a practical level.

Corporate Insolvency

Corporate Insolvency

Simon has a strong corporate insolvency practice. He is regularly instructed on significant and complex matters. Recent cases Simon has advised/represented on, include:

  • Statutory demands and winding up petitions; 
  • Rescinding winding up orders;
  • Administration orders;
  • Challenging liquidators' decisions;
  • Dissolution and company restoration; and
  • Antecedent vulnerable transactions (preference, transaction at an undervalue etc).

Simon has written many articles on corporate insolvency and has appeared in: 

Re Finch (UK) Plc [2015] All ER (D) 96; [2016] BCLC 394 (HHJ Hodge QC sitting as Deputy High Court Judge) Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference.

Taylor (Liquidator) v Ziya [2012] BPIR 1283 (Registrar Derrett): Liquidator's claim against director for preference payment received; issue over desire to produce preferential position.

Property

Property

Simon has a strong practice advising and representing clients in real property and landlord and tenant disputes. He has recently advised on the following matters:

  • Mortgage possessions;
  • Legal and equitable charges;
  • Beneficial interests and trust issue;
  • Freehold restrictive covenants; 
  • Tenant obligations and rent arrears;
  • Properties held by charities.

Commercial

Commercial

Simon advises on all aspects of commercial law, advising owners of small and medium sized businesses. For instance, Simon is able to provide advice and attend Court in respect to the following matters: 

  • Contractual disputes, whether in respect to contract formation, capacity, consent, construction of terms, unfair terms, through to breach, causation and recoverability of damages. He also advises on common types of contracts, for example, guarantees and indemnities, sale of goods, hire purchase, supply of services contracts;  
  • Security for financing, whether personal security (sureties) or property securities (legal charges/mortgages); and
  • Unsecured debtor/creditor relationships;

Recent subject matters have included trawlers, construction machinery, cars and jacuzzis. 

Much of Simon's work involves distressed loans and issues surrounding the enforceability of security given. This ties in with Simon's corporate insolvency practice. 

Taxation

Taxation

Simon has an established practice advising and representing those said to be subject to local taxes, whether Business Rates or Council Tax. Simon regularly appears for businesses in Business Rates cases, whether in resistance to a liability order being made, or on an application to set a liability order aside. He can also advise on post liability order enforcement procedures. 

A particular strength is Simon's knowledge on the numerous issues that determine Business Rates liability under the Local Government Finance Act 1988, including, for instance, upon whom the law imposes the obligation to pay tax. Advice can also be given on the application of tax relief.

Notable Cases

Notable Cases

Palmer v Loveland [2017] 8 WLUK 192 (Warren J): Freezing injunction in shareholder unfair prejudice petition.

Re Finch (UK) Plc [2015] All ER (D) 96; [2016] BCLC 394 (HHJ Hodge QC sitting as Deputy High Court Judge): Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference.

Rana v Thapa [2015] 10 WLUK 818 (Master Mattews): Pre-action disclosure in potential breach of trust and accountants professional negligence case.

Taylor (Liquidator) v Ziya [2012] BPIR 1283 (Registrar Derrett): Liquidator's claim against director for preference payment received; issue over desire to produce preferential position.

Grosvenor Estates Belgravia v Laidley [2010] BPIR 1090 (Registrar Jacques): Costs following satisfaction of undisputed bankruptcy petition debt, leaving a genuinely disputed element outstanding, where payment by debtor made after service of petition but petition not complying with requirements of the Insolvency Rules 1986.

Martin-Sklan v White [2007] BPIR 76 (Evans Lombe J): Sale of family home by trustee in bankruptcy, postponement of possesion and sale order due to exceptional circumstances, within Insolvency Act 1986, s 337(6).

Ellis (T/A Autospray) v King [2005] CLY 399: Civil proceedings discontinuance; fresh proceedings issued without prior permission; irregular proceedings.

Roberts v The State [2003] 5 LRC 1, PC: Transcript of trial judge's summing up not available - prevalent misdirection by trial judges on identification; whether assumption trial directions were appropriate dislodged by repeated failures of trial judges in other trials. 

Publications

Publications

Simon has published the following Insights (available from his Insights page):

Corporate Insolvency - Understanding s239 Preference under Insolvency Act 1986
Corporate Insolvency - Winding Up Petition Debt Disputed on Bona Fide and Substantial Grounds
Corporate Insolvency - Limitation, Winding Up/Bankruptcy Petitions and Judgment Creditors
Corporate Insolvency - Winding Up Petitions and Arbitration Agreements - The Impermissible Investigation
Corporate Insolvency - Winding up petitions founded on judgment debt subject to pending appeal

Company - Directors’ fiduciary obligations to Insolvent Company breached
Company - Company Restoration and Joinder of Interveners

Civil Procedure - Finality of Judgment in Default and Judgment on Admissions on Judgment Creditor's Application
Civil Procedure - Pre-Judgment Interest Rate
Civil Procedure - Neglected Proceedings - Lifting the Stay imposed by r.15.11
Civil Procedure - The Jeopardy of a Very Late Application to Amend a Statement of Case
Civil Procedure - Part 36 Offers and Genuine Attempts to Settle Proceedings
Civil Procedure - Permission to Issue Second Claim after Discontinuing First Claim - Ward v Hutt
Civil Procedure - Issue Estoppel between Liability and Disposal
Civil Procedure - Mitchell CPR r.3.9 relief from sanctions

Taxation - Application to set aside liability order is a 'Complaint'
Taxation - Understanding and Challenging a National Non-Domestic Rates Liability Order
Taxation - Business Rates – Requirements for Beneficial Occupation
Taxation - Business Rates and ‘Genuine and Arguable Dispute’ - No Sham

Personal Insolvency - No Utility or Benefit from Bankruptcy Order
Personal Insolvency - Effect of Trustee in Bankruptcy's Release
Personal Insolvency - Possession and Sale of Bankrupt's Home
Personal Insolvency - Instalments Orders and Bankruptcy Petitions
Personal Insolvency - Bankruptcy Discharge and Release, the Exception for Fraud and Fraudulent Breach of Trust
Personal Insolvency - Bankruptcy Hearing – Dismissal on Anticipated Improper Trustee behaviour
Personal Insolvency - The Bankruptcy Level at Date of Hearing in Bankruptcy Court
Personal Insolvency - Bankruptcy Hearing - Challenging the Validity of a Debt behind a Judgment Debt
Personal Insolvency - Disclosure and Inspection in Insolvency Proceedings
Personal Insolvency - Bankruptcy Jurisdiction and Challenging an Assessment of Tax
Personal Insolvency - Adjourn for time to pay - Bankruptcy Hearing
Personal Insolvency - Bankruptcy Hearing - Adjourn for Pending Appeal'
Personal Insolvency - Trustee in Bankruptcy selling a Home

Mortgage Repossessions - How Long to Go (2006) 150 SJ 650
Mortgage Claims - Caught Short (2006) 150 SJ 246  

Personal Injury - Children causing Personal Injury during Horseplay

Negligence and Damages - Quantification of Loss - Vehicle Diminution in Value and Cost of Repair

Holiday Disputes - Airlines Check In (2005) 149 SJ 626 
Holiday Disputes - Wish you weren't here? (2003) 147 SJ 1103

Former Clients

Former Clients

Trinny (Trinny and Susannah)
Azmal Hussain (Curry King of Brick Lane)
Bunny Wailer (Bob Marley and the Wailers)
Nigel Albon (former racing driver)
Danny Hayes (footballer)

Awards & Prizes

Awards & Prizes

MA Law (Cambridge University) - 1st Class
Bar Vocational Course (Inns of Court School of Law) - Very Competent
'Katherine Prior Scholar' (St John's College, Cambridge University)
Astbury Scholarship (Middle Temple)
Harmsworth Entrance Exhibition (Middle Temple) 
McMahon Studentship and Prize (St John’s College)

Memberships

Memberships

Property Bar Association
Middle Temple
Deputy Treasurer of 33 Bedford Row Chambers

Direct Access

Direct Access

Simon is accredited to accept work under the Direct Access Scheme, also known as the Public Access Scheme, in suitable cases. In order to instruct Simon on a Direct Access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.   

GDPR Notice

GDPR Notice

Simon is a self employed barrister in independent practice. During the course of providing legal services as a barrister, Simon collects and uses personal information.  He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation ('GDPR').

33 Bedford Row is separate and has its own Data Protection Act 2018/GDPR 'Privacy Policy and Data Protection Statement', in respect to personal information collected, used and stored by or related to it. This covers personal information arising from, or related to, 33 Bedford Row providing services as a barristers chambers, as well as use of its website. This 'Privacy Policy and Data Protection Statement' sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.

Simon has a retention of data policy which sets out how long he retains personal information and the reasons why he adopts certain retention periods.

You can view 33 Bedford Row's 'Privacy Policy and Data Protection Statement' on 33 Bedford Row's website. Hard copies are available on request by contacting chambers directly.