Simon specialises in domestic and cross-border restructuring and insolvency, banking and finance and company law, particularly offshore. As a QC for more than 25 years he has appeared in numerous reported cases, including cases in the House of Lords/Supreme Court. He has also appeared in the courts of Bermuda, BVI and the Cayman Islands.
Recent work has included providing expert evidence on BVI law and English common law for the New York Bankruptcy Court on behalf of the defendant financial institutions to US$3 billion claims brought by the Fairfield liquidators arising out of the Madoff bankruptcy, advising on the resolution of a multi-billion dollar sovereign debt default and acting for Lloyds Bank on the Angel and Angelic property group administrations.
He has provided expert evidence on English law for courts in New York, Canada, Germany, Hong Kong, Netherlands, South Korea and other jurisdictions. He has advised on proceedings in the Bahamas, the Channel Islands, Hong Kong, Malaysia, Singapore and the Turks and Caicos Islands.
He is consultant editor of and contributor to Mortimore: Company Directors: Duties, Liabilities and Remedies (OUP, 2nd edition, 2013; 3rd edition to be published 2017)
AREAS OF PRACTICE
Insolvency and Restructuring
Insolvency and Restructuring
Recent UK insolvency and restructuring work includes European restructuring (Cory Environmental and Apcoa), the property sector (Angel Group, Opal and social housing), shipping (OW Bunkers), the retail sector (BHS, HMV, Peacocks, Zavvi), the energy sector (Petroplus) as well as European Directories, Lehman, Icelandic banks, MG Rover and giving expert evidence in New York for the Truvo restructuring.
Recent cases include:
- Re Angel Group Ltd  BPIR 260, moving from administration to liquidation
- Re Apcoa Parking  2 BCLC 285,  EWHC, 1867 (Ch), restructuring following change of law and jurisdiction from Germany to England
- Kemsley v Barclays Bank  BPIR 839, anti-suit injunction application
- Re European Directories  BCC 46, pre-pack administration, change of COMI
- Re Kaupthing Singer & Friedlander  2 BCLC 137, set off in administration
- Sunberry Properties v Innovate Logistics  1 BCLC 145 (CA), landlord refused permission to bring injunction proceedings which would harm administration realisations
- Re HIH Casualty and General Insurance  1 WLR 852 (HL), remission of assets by English liquidators to Australian liquidators
Banking and Finance
Regularly instructed to advise on the interpretation of complex financing documents.
Recent cases include:
- Deutsche Trustee v Fleet Street Finance Three  EWHC 2117 (Ch), interpretation of conditions of commercial mortgage backed notes
- Re Sigma Finance  1 All ER 571 (SC), interpretation of creditors’ rights in trust deed issued by structured investment vehicle
- Re Cheyne Finance (No 1 and 2)  1 BCLC 732, 741, interpretation of creditors’ rights in trust deed issued by structured investment vehicle; cash flow insolvency test
International and Offshore
Recent restructuring and insolvency work includes Arcapita and Fletcher in the Cayman Islands and contested winding-up proceedings and Pioneer in the BVI.
Often asked to advise on company law issues in Guernsey, Jersey, Hong Kong, the BVI and Cayman Islands.
Other offshore company work includes:
- Integrated Whale Media Investment v Highlander Investments Inc, BVI 2015/0017, application to set aside statutory demand, forum issues
- Jackson v Dear, 26 March 2013 (Guernsey Royal Court), advising company on derivative and unfair prejudice claims, which were struck out; the court holding that Guernsey applies the English common law of derivative claims and follows Prudential Assurance v Newman Industries
- Jackson v Dear 6 March 2013 (Guernsey Royal Court), injunction to restrain company from participating in derivative and unfair prejudice claim refused
- Hague v Nam Tai Electronics  2 BCLC 194 (PC), invalid redemption of BVI company shares charged to bank
Other notable cases include:
- RAB Capital v Lehman Brothers International  BCC 915, application for information about assets held for a counter-party
- Re T&N (No 2)  1 WLR 1792, proper law of foreign tort claims in English liquidation
- Re T&N  1 WLR 1728, whether potential asbestos-related tort claims could participate in a scheme or could be proved in winding-up
- Geveran Trading v Skjevesland  1 WLR 912 (CA), circumstances in which an advocate may be restrained from acting
- Qayoumi v Oakhouse Property Holdings  1 BCLC 352, order for claimant to be indemnified by company for costs of a derivative claim did not give a lien on its assets
- Arthur D Little v Ableco Finance  Ch 217, charge on shares in subsidiary subject to fixed not floating charge
- Re Barings (No 7)  1 BCLC 410, sanction for liquidators to compromise claim against auditors
- Re Barings (No 6)  2 BCLC 159, court would not direct liquidators to convene meeting of creditors to consider their removal where that was not in the interest of creditors
- Omega Group Holdings v Kozeny  CLC 132, anti-suit injunction to restrain examination of witnesses under US section 1782
- Re Richbell Information Services  2 BCLC 778, special circumstances for winding up overseas company in spite of genuine cross-claim
- Triffit Nurseries v Salads Etcetera  1 BCLC 761 (CA), bank’s charge on agent’s debts prevailed over principal’s proprietary claim after termination of agency and ceasing to trade
- Glencore International AG v Metro Trading International  2 Lloyd’s Rep 632, cross-border issues about proprietary claims to oil
- Re Cosslett Contractors  Ch 495 (CA), plant could be used to complete a contract even though the security was an unregistered floating charge
- Re Business City Express  2 BCLC 510, order under section 426 Insolvency Act giving effect to an Irish arrangement for creditors
- Re Bank of Credit and Commerce (No 10)  Ch 213, cross-border insolvency set-off issues
- Re Leeds United Holdings  2 BCLC 545, unfair prejudice petition struck out where complaint was about sale of shares not management of the company
- MacMillan v Bishopsgate Investment Trust (No 3)  1 WLR 387 (CA), priorities of interests in shares determined by law of place of incorporation
- Re ILG  2 BCLC 128, whether monies collected by travel agents held on trust; set-off issues
- Re Butlers Wharf  2 BCLC 43, subrogation rights on payment of guarantee of part of a debt
- Re Kentish Homes  BCLC 1375, whether post-liquidation rates could be recovered from LPA receivers or as an expense of liquidation
- Re Portbase (Clothing)  Ch 388, fixed charge contractually postponed to a floating charge was subject to liquidation expenses
- Denney v John Hudson & Co  BCLC 901 (CA), principles on which court will validate payments under section 127 Insolvency Act
AWARDS AND RECOMMENDATIONS
Consistently ranked as a Leading Silk in insolvency and restructuring in Chambers & Partners and Legal 500.
|Chambers & Partners||
“Has an impressive restructuring and insolvency practice, with a particular emphasis on directors' duties. Commentators draw attention to his broad expertise, which covers areas such as contested winding-up and complex liquidation proceedings.”
Strengths:“He is outstanding” “The absolute authority on points of contract law"
“An experienced advocate and powerful ally to have on your side”
|1991||Called to the Bar of British Virgin Islands|
|1991||Appointed Queen’s Counsel|
|1972||Called to the Bar of England and Wales|
Admitted to the Bars of Bermuda and the Cayman Islands for specific cases.
|1997-||Member, Court of Appeal Panel of Mediators, Accredited CEDR Mediator|
|2003-2007||Member, ACCA Disciplinary Panel|
|2005||Chairman Insolvency Practitioners Association Appeal Tribunal|
|1987-1999||Deputy Bankruptcy Registrar|
Editor of and contributor to Mortimore: Company Directors: Duties, Liabilities and Remedies (OUP, 2009; second edition 2013)
Contributor to Insolvency of Banks: Managing the Risks (FT Law & Tax, 1996)
EDUCATION AND QUALIFICATIONS
|1971||Exeter University, LLB|