Simon Newman

  • Year of Call 2010

Introduction

Introduction

Simon engages in the full range of civil and commercial litigation. He has specialist expertise in commercial law, insurance, insolvency and financial matters and regularly appears in the County Court and High Court.  He also investigates and reports on complaints for regulatory bodies and regularly appears in disciplinary and regulatory tribunals.

Simon is recognised for his strong drafting skills.  He is repeatedly instructed to provide written advice on the merits of claims and technical legal issues as well as to draft and settle pleadings and evidence.

Simon accepts instructions from the Government Legal Department under the government’s “Junior Junior” panel (formerly the “baby barrister” scheme).

Simon has also spent a period of time advising in-house at a City-based insolvency practice, was seconded to the London Borough of Southwark to investigate and advise on a high-value contract fraud and to a regulator to present regulatory proceedings.

Prior to going to the bar Simon previously worked in academia teaching undergraduate law on the LLB course at the University of Sheffield.

Before Simon joined Chambers, he worked in a number of roles in government: as senior strategy and policy manager at the Judicial Appointments Commission; as the Lord Chancellor’s adviser on the appointment of Queen’s Counsel; and as a policy adviser at the Ministry of Justice, working with government lawyers and draftsmen on legislation reforming the regulation of the legal professions.

Simon provides pro bono assistance to the COIN Scheme (Company Insolvency Scheme operating in the Companies Court), and is a ratified Free Representation Unit (FRU) volunteer for employment cases.

Insolvency

Insolvency

Simon's insolvency practice involves acting for the full range of parties including office holders, creditors, company officials and bankrupt individuals.  Having spent a period on secondment at a city based insolvency practice Simon is particularly familiar with the concerns and interests of the office holder and utilises this understanding in developing his tactical advice in proceedings.

Simon regularly appears and advises in respect of misfeasance claims, preferences and TUV claims, and is instructed in the private examination of parties on behalf of office holders. 

Corporate Insolvency

Simon regularly appear in the Companies Court dealing with winding up petitions, as well as ancillary applications ancillary to the insolvency process such as validation and injunction applications in the High Court.

Recent claims in corporate insolvencies include acting for the Liquidator successfully recovering £600,000 at mediation following the pursuit of misfeasance claims; pursing claims against Directors running ‘lifestyles businesses’; instruction as part of the legal team in respect of one of the first bitcoin insolvencies; and advising an international luxury-fashion brand in respect of the high profile CVA proposals of a a major UK department store.

Personal Insolvency/Bankruptcy

Simon regularly appears in applications to set aside statutory demands and bankruptcy hearings, both for petitioners and individuals facing bankruptcy and in respect of substituted service of Petitions. 

Recent personal insolvency claims have included claims on behalf of the Trustee in Bankruptcy against a bankrupt owing £1.2 million to the Financial Conduct Authority for his role in a complex sale and lease-back mortgage fraud and appearing in an IVA annulment action involving alleged deceit.  Simon also resists claims and has been instructed by bankrupts in numerous matters, including successfully challenging to office-holder’s fees and defending claims wrongly brought by the office holder.

Commercial

Commercial

Having completed a masters in Commercial Law, Simon is regularly engaged in the full range of commercial litigation.  In particular Simon has particular expertise drafting statements of case, witness evidence, non-disclosure agreements and contractual documents.

Simon advises on a wide range of multi-faceted claims, both on the merits and the law, and on the value of such claims and best means for settling them.  Simon regularly appears in both the County Courts and High Court on behalf of Claimants and Defendants and represent parties in mediation.  Recent cases have included trials in respect of contract construction and commercial property and a number of interim applications.

Company & Partnership

Company & Partnership

Simon is instructed in a wide range of Company matters, ranging from the winding up and restoration of companies, the drafting of company articles and statutory documents, and advising on claims against directors and derivative claims.

Recent cases have included appearing in a reported High Court claim for costs to be awarded against company directors personally in respect of their conduct as the controlling minds of the company; advising a national governing body on re-drafting their articles of association; advising company directors on their duties pursuant to the Companies Act; restoring a company to the register to enable the beneficiary of property held on trust by the company to enforce his rights against the company to property dissipated prior to dissolution, and resisting applications under the Company Directors Disqualification Act.

Insurance

Insurance

Simon has a substantial depth of knowledge in respect of insurance, treaty and re-insurance.  This follows from having completed his training at the Bar under a senior insurance law practitioner who had particular experience of working with mutuals, and having then been seconded to a global underwriter and Lloyds Insurer.  This enables Simon to draw upon practical experience of the markets alongside his legal understanding when advising and drafting on behalf of clients.

Since its entry into force in late 2016 Simon has advised on numerous occassions regarding the compatibility of insurance wordings with the Insurance Act 2015.  Simon also has a particular understanding of the developing area of cyber insurance, having taken responsibility for drafting an Insurer’s wording for their first entry into the market. 

Alongside this expertise Simon is advised upon and drafted policies across a number of different lines of insurance.  In particular he is versed in the following lines; marine, aviation, directors and officers (D&O), public offerings, property, commercial all risks (CAR), combined commercial, environmental liability, travel and leisure.  Simon also has experience drafting and advising in respect of specific exclusion clauses, terrorism and Pool Re, and nuclear clauses.     

Regulatory

Regulatory

Simon has a broad range of regulatory experience across a range of sectors including the professions, sport and the medical sector. 

The Medical Sector

I have particular expertise in regulatory matters in the medical context, having gained experience in both the General Medical Council and the Nursing and Midwifery Council, both from the perspective of the registrant and the regulator. This includes being seconded for 4 months to prosecute fitness to practise cases on behalf of the NMC, the UK's largest regulator, where he would undertake long hearings.

Professional Regulation

Simon is also experienced with the regulation and discipline of professionals. He has a depth of knowledge in respect of regulation of the legal professions derived from working on legislation in this area in parliament and have advised and represented clients in respect of proceedings brought by accountants’ regulatory bodies and by the Royal Institute of Chartered Surveyors and the Institute OF Chartered Accountants in England and Wales.

Sport

Simon is regularly instructed by the national governing body of an Olympic sport to advise on professional discipline and corporate governance matters.  He also appears on Sport Resolutions list of advocates, representing sportsmen and women before their sporting bodies.

Notable Cases

Notable Cases

Corporate/Commercial Cases

Microgeneration Technologies Ltd v RAE Contracting Ltd – [2017] EWHC 1856 (Ch)

Application in the Chancery Division of the High Court for a Non-Party Costs Order against the Directors of a Company Personally.  Reported for clarifying the law on inadvertent waiver of privilege in the context of erroneously disclosed material in witness statement exhibits.

 

Peter Schmidt Theater Rock GmbH v Event Moves Limited & Ors – [2018] EWHC 260 (Ch), 2018 WL 00941579

Instructed by the Petitioner and a supporting creditor in this winding up Petition which resulted in the Petitioner settling the debt owed to it for transporting the stage equipment for Disney’s ‘The Lion King the Musical’ across Europe.  The Petitioner obtained payment from the debtor who then sought a non-party costs order against a third party in respect of the costs of responding to the Petition.

 

Re: T Ltd (in Liquidation) [2017]

Instructed by the Liquidator in a seven-figure claim against former Company Directors for breach of fiduciary duties (s.212 Insolvency Act 1986), transactions at an undervalue (s.238 IA 1986), preferences (s.239 IA 1986), wrongful trading (s.214 IA 1986), unlawful dividends (s.830 Companies Act 2006), and a proprietary tracing claim.  The claim was successfully settled at mediation, resulting in a significant dividend to HMRC.

 

P Ltd [2018]

Advised an international luxury fashion brand in respect of the CVA proposals of a major high street department store.

 

Re Rigil Kent Acquisitions Ltd – [2017] EWHC 3636 (Ch); [2017] 12 WLUK 501; [2018] B.C.C. 591

Following instruction by the Petitioner in Winding Up proceedings against F Ltd; the Secretary of State for Business Energy and Industrial Strategy brought proceedings to wind up Rigil Kent Acquisitions Ltd, who had tried to rescue F Ltd and protect its directors at the expense of the creditors, on the public interest basis.  In judgment Mr Justice Smith relied upon and cited Simon’s detailed attendance note in the Fashtech proceedings as evidence of the wrong-doing of Rigil Kent Acquisitions.

 

Tchenguiz & Ors v Grant Thornton LLP & Ors [CL-2015-000610]

Instructed to assist the legal team in this high profile litigation arising out of the Serious Fraud Office’s investigation and arrest of Robert Tchenguiz following the Icelandic banking collapse.

 

Regulatory, Disciplinary and Sport

Nursing & Midwifery Council v FC [2018]

Represented the NMC in this five day fitness-to-practice hearing, in respect of which a 12 month suspension was imposed upon proving 11 charges which the panel determined amounted to impairment of the registrant’s fitness to practice.

https://www.nmc.org.uk/globalassets/.../reasons-carpanini-ftpcsh-60975-20180316.pdf

 

Nursing & Midwifery Council v RC [2018]

Represented the NMC in this sensitive and high-profile, multi-day fitness to practice hearing in Belfast.  The matter concerned the treatment provided by a triage nurse in respect of a disabled patient who subsequently passed away having been admitted to A&E via ambulance after an overdose.

https://www.nmc.org.uk/globalassets/.../reasons-carreon-ftpcsh-56875-20180221.pdf

 

English Karate Federation v XX [2015]

Instructed to investigate, report and make recommendations to the English Karate Federation’s Disciplinary and Legal Commission in respect of allegation that one of their members permitted breaches of World Karate Federation Statutes at the British Universities and Colleges Nationals.

 

Royal Institute of Surveyors (RICS) v NB [2017]

Represented a member of RICS before their disciplinary committee in respect of charges in relation to engaging in conduct outside the terms of their authorisation/licence.

Qualifications

Qualifications

LLB (Hons) European International and Comparative Law,  University of Sheffield & Monash University, Melbourne

LLM (Distinction) Commercial law, University of Sheffield

Publications

Publications

Democracy Goes to War – British military deployments under international law, Oxford University Press, 2009 - Accredited researcher.

Law for Small Businesses for Dummies, Wiley Publishing, 2016 - Technical editor.

Awards & Prizes

Awards & Prizes

Walter Wigglesworth Scholarship, the Honourable Society of Lincoln’s Inn

Hardwicke Award, the Honourable Society of Lincoln’s Inn

Winner of the UK Environmental law Association mooting competition, team leader, Judged by Lord Slynn of Hadley, Supreme Court

 

 

Memberships

Memberships

Denning Society

Free Representation Unit (FRU)

London Common Law & Commercial Bar Association

Association of Regulatory & Disciplinary Lawyers

Professional Negligence Bar Association

Administrative Law Bar Association

Technology & Construction Bar Association

South Eastern Circuit

Languages

Languages

Spanish (working knowledge)

Testimonials

Testimonials

"I am impressed with Simon's razor like approach when in receipt of our insolvency instructions and his laser guided delivery when in advocacy. A necessary tool to have in your insolvency toolbox." - Peter Murray, Director, Insolvency & Law Ltd

"Simon is immensely thorough in his preparation and has a very good command of the intricacies of Court process. This gives clients confidence as well as ensuring positive results in Court...." - Clive Rich, Barrister, CEO, Law Bite

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.