Introduction Introduction Simon has extensive experience of a wide range of insolvency, property and commercial/commercial chancery disputes. His key areas of expertise are bankruptcy and liquidation disputes, 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 directors, office holders, companies, creditors, debtors in various business and company law related matters. Simon has published numerous articles on personal and corporate insolvency, property, taxation and civil procedure. These are available as Insights. Simon achieved a first in law from Cambridge University and is a scholar of the University Personal Insolvency Personal Insolvency Simon regularly advises and represents clients who have issues or cases involving personal insolvency issues. Some will be involved in an insolvency regime themselves, others will be seeking to place a debtor into an insolvency regime, while others may be an office holders, undertaking insolvency administration obligations. Simon advises and represents on statutory demands, bankruptcy petitions, the proper implementation and operation of the different insolvency regimes (bankruptcy, IVAs etc.) challenges to office holder's decisions, through to discharge. He can also advise on the office holder powers during the currency of the insolvency, for instance, in respect impugnable transactions, whether because they were void or voidable - because they were a transaction at an undervalue, preference, a transaction to defraud creditors or an extortionate credit bargain. Demonstrating Simon's depth of knowledge in this area, he has written widely on personal insolvency on a myriad of topcis, 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 claim; 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; Duomatic shareholder waiving directors' duty breaches; As a director and 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 singificant and complex matters. Recent cases Simon has advised on: Statutory demands and winding up petitions Rescinding winding up orders Administration orders Challenging liquidators decisions Dissolution and company restoration vulnerable transactions (preference, transaction at an undervalue etc) Some has written many articles on corporate insolvency and he appeared in: Re Finch (UK) Plc  All ER (D) 96;  BCLC 394: Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference. Taylor (Liquidator) v Ziya  BPIR 1283: Liquidator's claim against director for preference payment received; issue over desire to produce preferential position. Property Property Simon has a strong practice advising on real property and landlord and tenant disputes. Recent areas he has advised on: Mortgage possessions Legal charges Beneficial interests Restrictive covenants Commercial Commercial Simon advises on all aspects of commercial law, advising owners of small and medium sized businesses. Advice and representating can be given in areas such as: Contractual disputes, whether in respect to contract formation, capacity, consent, construction of terms, unfair terms, through to breach and extend of recoverable damages. Sale of goods and the supply of services; Security for financing, whether personal security (sureties/guarantees) or property securities (legal charges, mortgages and charging orders); and Unsecured debtor/creditor relationships; hire purchase agreements and conditional sale agreements. 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 a 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. Simon can advise on the numerous issues that determine liability under the Local Government Finance Act 1988, including, for instance, on 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  WL 04552554: Freezing injunction in shareholder unfair prejudice petition. Re Finch (UK) Plc  All ER (D) 96;  BCLC 394: Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference. Taylor (Liquidator) v Ziya  BPIR 1283: Liquidator's claim against director for preference payment received; issue over desire to produce preferential position. Grosvenor Estates Belgravia v Laidley  BPIR 1090: 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  BPIR 76: 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  CLY 399: Civil proceedings discontinuance; fresh proceedings issued without prior permission; irregular proceedings. Roberts v The State  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 Company - Directors’ fiduciary obligations to Insolvent Company breached Company - Company Restoration and Joinder of Interveners Civil Procedure - Pre-Judgment Interest Rate 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 BVC (ICSL) - Very Competent 'Katherine Prior Scholar' of 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 Public Access Bar Association Middle Temple Deputy Treasurer of 33 Bedford Row Chambers Direct Access Direct Access Simon is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Simon on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at firstname.lastname@example.org.