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 43 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

Promontoria (Chestnut) Limited v Bell and Bell [2019] EWHC 1581; [2019] All ER (D) 111 (Jun) (Zacaroli J): Appeal against the setting aside of a statutory demand on the basis that security was held for the debt

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

1. Understanding s239 Preference under Insolvency Act 1986
2. Winding Up Petition Debt Disputed on Bona Fide and Substantial Grounds
3. Limitation, Winding Up/Bankruptcy Petitions and Judgment Creditors
4. Winding Up Petitions and Arbitration Agreements - The Impermissible Investigation
5. Winding up petitions founded on judgment debt subject to pending appeal
6. Antecedent Voidable Transactions: BVI High Court Anti Suit Injunctions and Section 249 of the BVI Insolvency Act 2003

Company 

1. Directors’ fiduciary obligations to Insolvent Company breached
2. Company Restoration and Joinder of Interveners

Civil Procedure

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

Taxation 

1. Business Rates - Costs Order against a Local Authority on a Complaint
2. Charitable Relief from Business Rates – Qualifying Use (Lexis Nexis)
3. Application to set aside liability order is a 'Complaint'
4. Understanding and Challenging a National Non-Domestic Rates Liability Order
5. Business Rates – Requirements for Beneficial Occupation
6. Business Rates and ‘Genuine and Arguable Dispute’ - No Sham

Personal Insolvency 

1. Pending Bankruptcy Petitions and Making Third Party Debt Orders Final
2. No Utility or Benefit from Bankruptcy Order
3. Effect of Trustee in Bankruptcy's Release
4. Possession and Sale of Bankrupt's Home
5. Instalments Orders and Bankruptcy Petitions
6. Bankruptcy Discharge and Release, the Exception for Fraud and Fraudulent Breach of Trust
7. Bankruptcy Hearing – Dismissal on Anticipated Improper Trustee behaviour
8. The Bankruptcy Level at Date of Hearing in Bankruptcy Court
9. Bankruptcy Hearing - Challenging the Validity of a Debt behind a Judgment Debt
10. Disclosure and Inspection in Insolvency Proceedings
11. Bankruptcy Jurisdiction and Challenging an Assessment of Tax
12. Adjourn for time to pay - Bankruptcy Hearing
13. Bankruptcy Hearing - Adjourn for Pending Appeal'
14. Trustee in Bankruptcy selling a Home
15. Bankruptcy Statutory Demands and Specifying Creditor Security in respect of the debt (Lexis Nexis)

Mortgages

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

Personal Injury and Negligence

1. Children causing Personal Injury during Horseplay
2. Quantification of Loss - Vehicle Diminution in Value and Cost of Repair

Holiday and Travel Claims

1. Airlines Check In (2005) 149 SJ 626 
2. Wish you weren't here? (2003) 147 SJ 1103

Former Clients

Former Clients

Emma Hope MBE (Shoe Designer)
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
Chancery Bar Association
London Common Law and Commercial Bar Association
Middle Temple
Deputy Treasurer of 33 Bedford Row Chambers

Education and Training

Education and Training

Simon was trained by Fiona Sinclair QC, Graeme McPherson QC, Peter Knox QC, Howard Stevens QC, Simon Davenport QC, Andrew Nicol and Paul Letman. 

Simon has a 1st Class masters degree in Law from Cambridge University. He was ranked as 'very competent' on the Bar Vocational Course.

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.

Transparency Information

Transparency Information

Simon Hill's entry on the Barrister Register can be viewed here.

The Legal Ombudsman's decision data website can be found here.

Simon Hill is regulated by the Bar Standards Board

Professional, licensed access and/or lay clients may contact Simon Hill, through the 33 Bedford Row clerks, to obtain a quotation for legal services. Contact details are:

Clerks@33bedfordrow.co.uk
0207 242 6476

Simon Hill's most commonly used pricing models, are:

(1) for specific hearings - a fixed fee; 
(2) for other work - hourly rates.

The areas of practice in which he most commonly provides legal services, are disputes involving:

(1) Personal Insolvency and Corporate Insolvency;
(2) Business Rates;
(3) Debt/Credit and Security (charges/mortgages);
(4) Companies;
(5) Properties;
(6) Contracts.

His most commonly provided legal services are:

(1) Representation in court;
(2) Advising in conference; and
(3) Drafting letters/witness statements/court applications;

The factors which might influence the timescales for his most commonly provided legal services:

(1) complexity of the task;
(2) availability of all the documentation;
(3) availability of additional information from the client
(4) amount of papers that need to be read.

Simon is VAT registered and VAT is charged on his fees. Simon's VAT number is available on reasonable request. 

A website called Legal Choices is run by the frontline legal regulators. It can be a good source of information for those looking to instruct a lawyer.

Simon has professional indemnity insurance cover for all the legal services he supplies to the public and businesses. 

Simon is registered with the Information Commissioner’s Office (ICO): Z8251758