Marion Simmons QC

 

Contact details:

3-4 South Square, Gray’s Inn, London WC1R 5HP. 

Telephone +44 (0)20 7696 9900.  Fax +44 (0)20 7696 9911.  LDE 338 (Chancery Lane).
Email clerks@southsquare.com.  Web www.southsquare.com

Education:

Hendon County GS

Queen Mary College, University of London (LL.B. (Hons 1970) LL.M (1971))

Professional career:

Barrister 1970

Gray’s Inn (Bencher 1993) and Inner Temple

Asst Recorder 1990

QC 1994

Recorder 1998

Vice Chairman Appeals Committee of the Institute of Chartered Accountants of England & Wales 2000-2005

Mental Health Review Tribunal Restricted Patients Panel 2000

Assistant Boundary Commissioner 2000

Chairman (part time) Competition Appeal Tribunal 2003 

Accountancy Investigation and Disciplinary Board (member Panel of Chairmen Disciplinary and Appeal Tribunals) 2005-

Chairman (elect) Taxation Disciplinary Tribunal 2005-                                                                                 

Chair Persons Appointed Panel – Medicines and Healthcare Products Regulatory Agency (Department of Health) Oct 2007 -

Professional memberships:

Midland Circuit

Chancery Bar Association

Commercial Bar Association

Revenue Bar Association

Bar European Group

Association of Regulatory and Disciplinary Lawyers (ARDL)

Human Rights Lawyers Association

Fellow of the Society for Advanced Legal Studies

Fellow of the Institute of Continuing Professional Development

London Court of International Arbitration

International Chamber of Commerce

 

Areas of practice:

·          Business, financial and commercial law includes banking, insurance, contract law, partnership law, financial services, pensions, professional negligence, regulation and discipline (particularly accountants, solicitors and financial advisers), sale of goods, commercial fraud, shareholder and director disputes, commercial aspects of company law, insolvency, tax related litigation.

·          Commercial arbitration, and dispute resolution (advisor in arbitrations and mediations and sitting as an arbitrator).

·          Administrative and human rights law in the commercial, tax, regulatory and disciplinary context.

·          The regulation and disciplinary functions of professional and equivalent bodies.

·          Mental Health Law.

 

Reported decisions:

Competition Appeals Tribunal:

Independent Water Company Ltd v Water Services Regulation Authority (formerly the Director General of Water Services) [2007] CAT 21 (4 April 2007)

VIP Communications Ltd (in administration) v Office of Communications [2007] CAT 20 (3 April 2007)

VIP Communications Ltd (in administration) v Office of Communications (Interim Relief) [2007] CAT 19 (3 April 2007)

Cityhook Ltd v Office of Fair Trading [2007] CAT 18 (3 April 2007)

VIP Communications Ltd (in administration) v Office of Communications [2007] CAT 17 (2 April 2007)

Floe Telecom Ltd (in liquidation) v Office of Communications [2007] CAT 16 (15 March 2007)

Floe Telecom Ltd (in liquidation) v Office of Communications [2007] CAT 15 (15 March 2007)

VIP Communications Ltd (in administration) v Office of Communications (Interim Relief) [2007] CAT 12 (28 February 2007)

Makers UK Ltd v Office of Fair Trading [2007] CAT 11 (22 February 2007)

Cityhook Ltd v Office of Fair Trading [2007] CAT 10 (30 January 2007)

Independent Water Company Ltd v Water Services Regulation Authority (formerly the Director General of Water Services) [2007] CAT 6 (26 January 2007)

VIP Communications Ltd (in administration) v Office of Communications [2007] CAT 3 (22 January 2007)

 

Casting Book Ltd (in administration) v Office of Fair Trading [2006] CAT 35 (14 December 2006)

Cityhook Ltd v Office of Fair Trading [2006] CAT 32 (20 November 2006)

Healthcare at Home v Genzyme Ltd [2006] CAT 30 (15 November 2006)

Healthcare at Home v Genzyme Ltd [2006] CAT 29 (15 November 2006)

VIP Communications Ltd (in administration) v Office of Communications [2006] CAT 27 (1 November 2006)

Cityhook Ltd v Office of Fair Trading [2006] CAT 26 (23 October 2006)

Floe Telecom Ltd (in administration) v Office of Communications [2006] CAT 18 (31 August 2006)

Floe Telecom Ltd (in administration) v Office of Communications [2006] CAT 17 (31 August 2006)

Makers UK Limited v Office of Fair Trading [2006] CAT 13 (23 June 2006)

Prater Limited v Office of Fair Trading [2006] CAT 13 (23 June 2006)

Media Marketing Promotions v Office of Communications [2006] CAT 12 (15 May 2006)

Somerfield PLC v Competition Commission [2006] CAT 4 (13 February 2006)

 

Celesio AG v Office of Fair Trading [2005] CAT 9 (9 May 2006)

Floe Telecom Ltd (in administration) v Office of Communications [2005] CAT 35 (13 October 2005)

Floe Telecom Ltd v Office of Communications [2005] CAT 28 (20 July 2005)

Apex Asphalt and Paving Co Ltd v Office of Fair Trading [2005] CAT 11 (27 May 2005)

British Telecommunications Plc v Office of Communications [2005] CAT 21 (27 May 2005)

Floe Telecom Ltd v Office of Communications [2005] CAT 14 (27 May 2005)

Floe Telecom Ltd v Office of Communications [2005] CAT 17 (27 May 2005)

Richard W Price (Roofing Contractors) Ltd v Office of Fair Trading [2005] CAT 12 (27 May 2005)

Double Quick Supplyline Ltd v Fair Trading Office [2005] CAT 10 (7 April 2005)

Double Quick Supplyline Ltd v Fair Trading Office [2005] CAT 6 (8 March 2005)

Apex Asphalt and Paving Co Ltd v Office of Fair Trading [2005] CAT 4 (24 February 2005)

Richard W Price (Roofing Contractors) Ltd v Office of Fair Trading [2005] CAT 5 (24 February 2005)

BCL Old Co Ltd v Aventis SA & Ors [2005] CAT 1 (28 January 2005)

BCL Old Co Ltd v Aventis SA & Ors [2005] CAT 2 (28 January 2005)

 

British Telecommunications Plc v Office of Communications [2004] CAT 23 (9 December 2004)

Floe Telecom Ltd v Office of Communications [2004] CAT 18 (19 November 2004)

 

 

Reported and Major Cases:

Banking:

OBG Ltd v Allan & Ors (2001 Ch Div) [2001] LL.R. Bank 365

Smith & Hayward v Lloyds TSB Group plc (2000 CA) [2001] QB 541

Verity & Spindler v Lloyds Bank (1997 CA)

Royal Trust Bank v Goddard & Smith (1993 OR)

Contracts - Commercial:

Lola Cars Ltd v Lola Cars International Ltd (1999 Ch D)

Njie v Cora (1997 PC)

TMG Engineering v Automation Investments (1995 QBD)

Duffy & Carr v Rowe & Maw (1994 Ch D)

Total Oil Marine plc v Amerada Hess Ltd (1993 CA)

Pao On v Lau Yui Kong ([1980] AC 614 PC)

 

Financial Services:

Searle v A R Hales & Co Ltd [1995] CLC 738 QBD

Human Rights - Natural Justice:

Lithgow & Ors v United Kingdom [1986 ECHR]

Wong Ah Suan v Sarawek Electricity [1982 PC]

Barty-King v Ministry of Defence [1979] 2 All ER 80

Insolvency:

Bernasconi & Monti v Nicholas Bennett & Co and Grant Crawford; [2000] BPIR 8

Re D’Jan of London Ltd ([1993] BCC 646 Ch D

 

Civil Procedure - Extension of Time Limits

Walters v Dunsfold Landowners (1997 CA)

Civil Procedure - Late Amendment of Pleadings and Exclusion of Evidence by Trial Judge

Venables v Kirby (1996 CA)

Civil Procedure - Costs against non party

Dimskall Shipping v ITFC (1992 QB)

Civil Procedure - Foreign Judgments:

Petereit v Babcock International Holdings Ltd ([1990] 1 WLR 350 QBD)

Professional Negligence:

Bernasconi & Monti v Nicholas Bennett & Co and Grant Crawford; [2000] BPIR 8

Royal Trust Bank v Goddard & Smith (1993 - OR)

Express Newspapers v Wm Mercer Fraser (1992 ChD)

Edward Wong Finance Co Ltd v Johnson Stokes & Masters [1984] AC 296 PC

Revenue:

Savacentre Ltd v IRC ((1995) 67 TC 381 CA; [1993] STC 344 Ch D)

Fitzpatrick v IRC ([1994] 1 WLR 306 H.L; [1993]1 WLR 1114 CA; [1992] 1WLR201 Ch D)

R v Special Commissioners, ex parte Fina Exploration Ltd ([1992] STC 1 QBD – Crown Office)

B.P Oil Development Ltd v I.R.C ([1992] STC 28 HL; [1990] STC 632 CA)

Shareholders dispute:

Patel v Patel (1996 CA)

Underwater Tools Ltd v Harrington (1993 Ch D)

Mills v Austin (1992 Ch D)

CRU v Perlman (1991 Ch D)

Publications:

Contributed the chapters on “Environmental Law” and on “Disqualification and Liability of Directors” in the Encyclopedia on “Insolvency” published by Sweet & Maxwell.

A member of the Editorial Board of Insolvency Law and Practice.

Articles:

“A new insolvency law in China” written jointly                      International Corporate Rescue,

with Jiang Jiang, Partner Li Wien & Partners,                       Vol 1, 2007.

Beijing and Shanghai.

What makes and Expert?                                                          ARDL Quarterly Nov 2005

An Overview of China’s Insolvency Law                                  International Corporate Rescue

                                                                                                        Vol 2, Issue 1, 2005

Should experts be immune from actions for negligence?  Insolvency Law and Practice, Vol 20 No. 6, 2004

Some Reflections on Administrations, Crown                      The Journal of Business Law

Preference and Ring-Fenced sums in the                             July 2004.

Enterprise Act.

Enterprise Act and Plain English                                             Insolvency Intelligence May 2004

The Role and Responsibility and Immunity of Experts        The Expert and Dispute Resolver Winter 2003

Disciplinary Committees-Who sets the standard?              ARDL Quarterly Oct 2003

A comparative reflection.

Legal Assessors -The Guardian of a Fair Hearing              ARDL Quarterly Feb 2003

What proceedings are barred by Administration Order?     Insolvency Intelligence Feb 2003

Pubic Hearing -Who’s right is it anyway?                               ARDL Quarterly Oct 2002

Human Rights and Insolvency: an update                             Insolvency Law and Practice 2001

Wrongful Trading                                                                         Insolvency Intelligence 2001

The Human Rights Act 1998: the practical impact               Insolvency Law and Practice 2000

on insolvency

How safe are pensions in bankruptcy                                    Insolvency Law and Practice 97

Who suffers loss - the Company or the Shareholders        Insolvency Intelligence Aug 96

The Statutory Declaration of Solvency                                     Insolvency Intelligence May 96

Avoiding the Pari Passu Rule                                                   Insolvency Intelligence Feb 96

Funding Actions in Insolvency                                                  Insolvency Intelligence Sept 95

The Investigation Powers of the Inland Revenue and the Rights of the Taxpayer published by “Taxation”

Lectures and Seminars:

17th June 2006 at the annual conference of the Association of European Competition Law Judges presented talk on private enforcement of EC competition law.

 

Brussels at European Parliament “Workshop on Damages Actions for Breach of EC Antitrust on the Green Paper on Private Enforcement of competition law from the UK perspective including the collective (group) actions” on 6 June 2006.

 

“The Risks to the Professional Expert “-What risks are there to a professional’s career as an Expert; an analysis of the Roy Meadows’s appeal and its wider implication for professional witnesses on 25 May 2006 in Edinburgh at invitation of Gillespie Macandrew at Conference for Expert Witnesses.

 

ERA conference in Vilnius Lithuania “Judicial Evaluation and the Standard of Proof in European Law” 3 May 2006  

 

“Reflections on the early years of the Competition Appeals Tribunal”, keynote address at the Government Regulatory Conference on 6th April 2006.

“Problems on the Standard of Proof and Judicial Evaluation” at the Academy of European Law in Trier, Germany on 13th March 2006.

                                            

“Cases for and about experts” for the Oxford Alternative Dispute Resolution Group (29th April 2005)

“Tribunals, Regulators and Accountability” talk to EU China Legal Co-Operation Programme (9th December 2004).

At the invitation of the European Commission and the China Law Society delivered a paper on “judicial independence and the rule of law” at the “Independence of Judgment and Judicial Justice Colloquium” held by the China Law Society, she also delivered a lecture at the University of International Business and Economics. Beijing China (31st October 2004).

“Cases for and about Experts in 2003” talk to Academy of Experts (June 2004).

“Operational Financial Reviews” for Legal Network UK (June 2004).

“Should experts be immune from actions for negligence” for Society of Experts Spring Conference (May 2004).

“The Independence of the Judiciary and the Rule of Law” to the Peking University and also at the Peoples University in Beijing China

“The recognition of Chinese judgments and Chinese arbitration awards by English Courts” to the All China Lawyers Association Beijing China. (April 2004)


 “Confidentiality and the Duty of Disclosure and Privilege” for Legal Network TV (March 2004).

“Writing Reason” for Disciplinary Conference (Feb 2004).

“The Enterprise Act and Brumark” to Insolvency Network UK (Dec 2003)

“Legal Professional Privilege in Solicitors Disciplinary Proceedings” to the Solicitors Disciplinary Tribunal (2003)

“Discreditable Conduct and the Role of the Complainant” to the Investigation Committee of the ICAEW (2003)

“The Role Responsibility and Immunity of Experts” to The Academy of Experts (2003)

”The Complaints Committee and its procedures” to the Institute of Chartered Accountants of Ireland (2003)

”What the Law Says – A Legal Update”. Disciplinary Conference 2003.

”Independence of Experts - A Prerequisite for Justice”? Delivered to Society of Expert Witness Autumn Conference 2002

"Decision Making in Dispute Resolution" to Chartered Institute of Arbitrators

Panel Member at seminar on “Competition in the Legal Profession” at  conference of Solicitors Association of Higher Court Advocates

 

Panel Member at seminar at US Embassy, London on “Common ethical problems of American Lawyers and English Solicitors” (September 2002)

 

"Section 234 & 236 of IA"

 

"Decision Making and Reasoned Decisions" delivered to Institute of Chartered Accountants in Dublin, Ireland.

 

"Human Rights and Insolvency" at the Law Society Insolvency Seminar 2001: at Conference organised by IBC and at  solicitors in-house seminars.

 

"Decision Making and Reasons" to members of the Disciplinary Tribunals of the ICAEW

 

“What’s new in 459” delivered at the invitation of Robson Rhodes to an invited audience of accountants and solicitors

“Regulatory Bodies - Information Sharing and Human Rights” delivered to the 2000 Disciplinary Conference at the invitation of the Academy of Experts

“Disciplinary Appeal Tribunals and Human Rights” delivered at the invitation of the Academy of Experts to the 1999 Disciplinary Conference and delivered in 2001 at the invitation of the Institute of Chartered Accountants

“Brussels and Lugano Convention” delivered at the invitation of the European Commission in Latvia to Latvian Judges in 1999 and in Slovenia to Slovenian Judges in 1998

Presentation on Expert Evidence and the Single Joint Expert under the Civil Procedure Rules provided at the invitation of various seminar providers

Various talks on insolvency law for seminar providers including on

“Wrongful Trading and e.commerce”

“UK and US Insolvency Mechanisms” - a comparison

“Recent Insolvency Cases and Judicial Trends”

“Security Interests”

“Environmentally Sensitive Insolvencies”

“Introduction to Security Devices”

“The Receivers Problems”

“Personal Liability of Receivers”

“Bank Strategy in Appointment of Administrators and Receivers”

“Receivers Rights, Duties and Liabilities”

Talk entitled “Recent Cases on Professional Negligence” delivered at the invitation of commercial seminar provider

Training courses/workshops on Advocacy/Case Preparation and Analysis/Strategic Planning in Litigation/CPR at various firms of solicitors, The South Eastern Circuit Keble Course, the Inns of Court, The Inns of Court School of Law, NITA

“Introduction of Exhibits and Documents by Witnesses” delivered to the South Eastern Circuit Keble Course

“Setting Competency Standards in Skills Assessment” papers delivered at the invitations of the Worldwide Advocacy Conference and the International Advocacy Training Symposium

Extra-curricular Bar activities:

 

·          Chairman of the Waivers and Designations Committee of the Bar Council which regulates the granting of higher rights of audience and litigation rights to employed barristers, applications from barristers for waiver of the training and practice rules and designation of EU practitioners as qualified persons

·          Chairman of the Continuing Education Sub-Committee of the Joint Regulation Committee of the Bar Council

·          Member of the Joint Regulations Committee of the Bar Council

·          Member of the Professional Conduct Committee of the Bar Council

·          Currently or previously a member of the Bar Council and Inns Committees concerned with Education and Training, Accreditation, Ethics and Professional Standards and Professional, Licensed and Direct Access to the Bar (Chairman 1999 - 2003); on the panel of members of the Bar Disciplinary Tribunals (sitting both as a Chairman of Summary Tribunals and as a member of Disciplinary Tribunals chaired by a high court or circuit judge)

·            Previously member of Advisory Board of Oxford Institute of Legal Practice.