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 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 [2015] All ER (D) 96; [2016] BCLC 394: 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: 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 [2017] WL 04552554: Freezing injunction in shareholder unfair prejudice petition.

Re Finch (UK) Plc [2015] All ER (D) 96; [2016] BCLC 394: 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: Liquidator's claim against director for preference payment received; issue over desire to produce preferential position.

Grosvenor Estates Belgravia v Laidley [2010] 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 [2007] 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 [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

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 clerks@33bedfordrow.co.uk.