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Year of Call: 2000

E: simonjohnson@enterprisechambers.com

T: 020 7405 9471

Clerk: Duane Hitchman

Clerk: Kenya Mendoza

Practice Areas

  • Partnership and LLP
  • Insolvency & Restructuring
  • Commercial
  • Banking and Finance
  • Professional Negligence and Disciplinary
  • Property

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Profile

Simon is ranked as a leading junior in company, partnership and insolvency matters, praised as “an outstanding Chancery barrister who is a KC and High Court judge in the making” who is “excellent at everything and should be a silk already” (Legal 500). His practice also encompasses contractual disputes of all kinds, bank recovery proceedings, professional negligence and property disputes, together with asset tracing and freezing orders. Very often he appears without a leader against KCs. He practices mainly in the Commercial Court and Chancery Division and has acted in the Supreme Court and Court of Appeal (in the latter with and without a leader).

  • An outstanding Chancery barrister who is a KC and High Court judge in the making.

    Legal 500

  • A strong advocate who makes winning points, unafraid to take on heavyweight silks unled

    Legal 500

  • He provides good strategic advice and is an effective advocate for his clients

    Chambers UK

  • Simon is an incredible advocate: to the point, concise and convincing

    Legal 500

  • His mild-mannered appearance belies a robust advocate willing to stand up for his clients

    Chambers UK

  • He provides very user friendly but still technically excellent written opinions

    Chambers UK

  • He's clear and commercial with his advice and a hit with clients. Incredibly user-friendly and not afraid of the fight

    Legal 500

  • Very technically able in his area and able to translate that into practical steps.

    Legal 500

  • Very technically able in insolvency.

    Legal 500

  • A strong all-rounder, with a talent for getting to the heart of the issues.

    Legal 500

  • He is excellent at everything and should be a silk already.

    Legal 500

  • Outstanding at getting to the crux of an issue without wasting time on peripheral issues.

    Legal 500

  • A great court presence; he is tenacious yet always has a very pleasant manner about him.

    Legal 500

  • Very efficient and user-friendly.

    Legal 500

  • He has an ability to digest a complex set of facts extremely quickly and provide clear and relevant advice.

    Legal 500

  • Clients praise Simon as “very resourceful".

Practice Areas

Partnership and LLP

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Simon is a leading junior in company and partnership disputes (Legal 500, band 4). He advises company boards, individual directors and shareholders on their rights and obligations arising from companies’ constitutional documents, CA 2006 and the common law. He regularly advises on preparations for and the conduct of acrimonious company and board meetings, the exercise of pre-emption rights in relation to the sale of shares, and allegations of unfair prejudice and the breach of fiduciary and other duties. Simon has advised vendors and purchasers on breach of warranty and other claims arising from business acquisitions. He has pursued and defended directors and senior employees in multi-million pound claims for breach of duty and breach of confidence. Simon has prepared constitutional documents for companies and trusts and chaired company meetings.

Recent cases include:

  • Advising a transferee of shares on its entitlement to rectification of the company register to record its title to shares and whether the transfer was a transaction at an undervalue.
  • Advising an LLP on reporting obligations and causes of action against a senior member of the LLP for breaches of the LLP agreement and misfeasance.
  • Advising directors on their rights and obligations in the context of a shareholder dispute and potential insolvency.
  • Advising a financial institution on its entitlement to convert amounts outstanding under loan notes into shares.
  • Advising shareholders and directors on the proposed sale of an internet business and the impact of restrictive covenants and good faith obligations in a shareholders’ agreement.
  • Advising directors and shareholders on their duties in the context of a potential insolvency, their rights under a shareholders’ agreement and their exposure to claims for breach of warranty.

Insolvency & Restructuring

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Simon is a leading junior in insolvency disputes (Legal 500, band 4). He advises and represents officeholders, debtors and creditors in all manner of corporate and personal insolvency cases. Simon has particular expertise in clawback claims against directors and regularly defends officeholders in challenges to their appointments and claims for misfeasance. He has conducted or defended numerous applications under the Cross-Border Insolvency Regulations and the EU Insolvency Regulation. He has many years’ experience of cross-border insolvencies of extreme complexity and high value, starting with T&N/ Federal-Mogul, where he was junior counsel to the administrators. Simon edits the restructuring chapter of Gore-Browne on Companies and has advised debtors and creditors on proposed voluntary arrangements, including landlords considering retail CVAs.

Recent cases include:

  • Representing banks in high value claims against company directors pursuant to personal guarantees.
  • Representing administrators on challenges to their appointment arising from an alleged conflict of interest and an alleged improper purpose to a paragraph 14 appointment.
  • Ferioli v. Toniolo & Anor: advising debtors on their defence of claims under the EU Insolvency Regulation by their Italian trustee in bankruptcy.
  • Represented the petitioning creditor in insolvency proceedings concerning Notts County Football Club Limited.
  • Defending administrators from a multi-million pound misfeasance claim brought by a former director and shareholder in connection with the development and sale of a high calibre mixed-use site in Edinburgh.
  • Advising an industrial company on insolvency issues arising from potential liabilities for personal injury caused by exposure to asbestos.
  • Advising an Australian trustee in bankruptcy on the enforcement of orders of the Australian court against an English domiciliary.
  • Advising two individuals on applications to annul a high value bankruptcy order and remove a trustee in bankruptcy.
  • Advising creditors on an IVA proposed by Katie Hopkins and a retail CVA.
  • Advising and representing insolvency officeholders on numerous claims concerning transactions at an undervalue, preferences, and claims under sections 245 and 423 IA 1986.

Commercial

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Simon advises clients on a wide range of business disputes including the interpretation, performance and termination of contracts, remedies for breach of contract including specific performance and account of profits, restitution, breach of confidence and claims against financial advisers and financial institutions. He has particular expertise in cross-border cases involving foreign jurisdictions and issues of foreign law. He has extensive experience of obtaining and policing freezing orders. For several years Simon has represented large groups of UK citizens suing IFAs, property development companies and lawyers in connection with the purchase of overseas property.

Recent cases include:

  • Representing the claimant in proceedings against her former partner for breach of fiduciary duty and breach of contract.
  • Representing the claimant in a multi-million pound claim for specific performance of a “heads of terms” contract for the grant of a lease of a strategic freight site in central London. Led by Zia Bhaloo KC.
  • Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors: Representing claimants in a Commercial Court group action for damages for misrepresentation and negligence in relation to the sale of property in Cyprus with associated loan finance. Simon has advised approximately 40 other claimants with similar claims involving other developments and defendants.
  • Representing “household name” businesses in their multi-million pound claim against a service-provider for breach of contract and restitutionary damages arising from overcharging under two service agreements.
  • Representing the claimant company in a Commercial Court claim for damages and injunctive relief arising from the breach of a Tomlin order.
  • Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193: Successfully defeated an appeal on the proper measure of compensation for breach of trust, solicitors’ duty of care in tort, and the duty to seek informed consent before disbursing client funds under the Solicitors’ Accounts Rules, in the context of buying property Italy. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court.

Banking and Finance

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Simon undertakes a wide range of banking work, including recovery proceedings under facility agreements, guarantees, mortgages and other securities. He has extensive experience of disputes concerning LPA receivers appointed by banks, including claims for injunctive relief. Simon advises on compliance matters and Sharia-compliant products. Simon is familiar with FSMA 2000 and has appeared for the proponents of Part 7 banking business transfer schemes. Simon has pursued appointed representatives of regulated financial advisory businesses in litigation concerning overseas property and via the Financial Services Compensation Scheme and the Financial Ombudsman Service.

Recent cases include:

  • Representing banks in recovery proceedings against company directors pursuant to personal guarantees including resisting applications for injunctions to restrain the sale of charged property by LPA receivers.
  • Acting for claimants against appointed representatives in the context of cashing in regulated investments to purchase off-plan property sold by the “Harlequin” companies in the Carribbean.
  • Advising a company on the enforceability of rights under loan notes issued by the company and held by a commercial lender.

Professional Negligence and Disciplinary

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Many of Simon’s cases concern allegations of breach of duty against professionals including solicitors, accountants, surveyors, IFAs, banks and insolvency officeholders. Simon represents the claimants in the Giambrone litigation, who pursue solicitors appointed to advise them on the purchase of holiday property in Italy. The case raises important questions about the measure of compensation for solicitors’ breach of trust and negligence (SAAMCO). Simon has advised and represented numerous individuals in claims against IFAs and foreign lawyers in similar contexts. He has appeared for accountants subject to proceedings before the disciplinary tribunal of the ICAEW.

Recent cases include:

  • Advising a high net worth individual on claims by former professional advisers and potential counterclaims for professional negligence.
  • Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193: Successfully defeated appeal on the proper measure of compensation for breach of trust, solicitors’ duty of care in tort, and the duty to seek informed consent before disbursing client funds under the Solicitors’ Accounts Rules, in the context of buying property Italy. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court.

Property

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Property assets are at the centre of many of Simon’s cases. He recently represented the claimant in a landmark claim for specific performance of a “heads of terms” contract to grant a lease over a strategic freight site in central London, worth tens of millions of pounds. This case raised questions concerning enforceability, uncertainty, section 2 LPMPA 1995 and estoppel by convention. Simon has represented purchasers in claims concerning unlawful common investment schemes, fractional ownership investments and joint ventures for the construction of student accommodation. He has extensive experience of proprietary tracing claims and claims under TOLATA concerning beneficial interests in property arising from all manner of trusts in both commercial and family contexts.

Recent cases include:

  • Bokhari & Anor v. Shah: Representing the claimants in proceedings against an agent for breach of fiduciary duty arising from property investments in central London. Simon obtained a proprietary injunction and worldwide freezing injunction against the defendant, with challenges to those orders dismissed.
  • Representing the claimants in proceedings against family members concerning the beneficial ownership of a multi-million pound property portfolio in west London.
  • Represented the claimant in a multi-million pound claim for specific performance of a “heads of terms” contract for the grant of a lease of a strategic freight site in central London.
  • Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors: representing the claimants in a Commercial Court group action for damages for misrepresentation and negligence in relation to the sale of property in Cyprus with associated loan finance. Simon has advised approximately 40 other claimants with similar claims involving other developments and defendants.

Significant Cases

Commercial law and professional negligence [2017]

Advising on the enforceability in England of a judgment of the courts of Dubai.

Commercial law and professional negligence [2017]

Advising on claims by a Hong Kong corporation against Iranian and other defendants

Escuris SA v. John Lake Shellfish Ltd [2017]

Represented the claimant in a claim for damages arising from the termination of a contract for the supply of tinned shellfish; defended a counterclaim of £9.5 million for business interruption damages formulated on the “loss of a chance” basis.

Smith Medical International Ltd & Anor v. Hansraj Nayyar Medical India [2014]

EWHC (Comm)

Represented the applicant in a jurisdiction dispute concerning the scope of jurisdiction agreements in a chain of commercial agreements. Leggatt J described Simon’s submissions as “presented with great skill”.

Elek v Bar-Tur [2013]

EWHC 207 (Ch); [2013] 2 EGLR 159; [2013] 8 EG 107; and in the Court of Appeal [2013] EWCA Civ 1774:

Represented the successful defendants who defeated a claim for restitutionary compensation arising from the termination of a joint venture agreement. Ryder LJ described Simon’s submissions as “objectively incontrovertible”.

British Gas Trading Limited v. Perenco UK Ltd and Hess Limited [2006]

EWHC 233 (Comm) and in the Court of Appeal [2006] EWCA Civ 900, [2006] 2 CLC 57

Successfully defended the termination of long-term gas supply contracts. Led by Laurence Rabinowitz QC.

The Solitaire Arbitration

The longest running arbitration in English legal history: Represented the owners in their defence of the builder’s counterclaims for delay and variations valued at (Sing) $230 million. Led by Nick Dennys QC and Andrew Goddard QC.

Banking and financial services [2015]

Advising on the availability of claims against LPA receivers by a mortgagor owning a multi-million pound buy-to-let portfolio.

Burdale Financial Limited v. Agilo Masterfund Limited [2008]

EWHC 1103 (Ch)

Defeated a vulture fund’s attempt to accelerate the repayment of mezzanine loans. Led by Antony Zacaroli QC.

Re Chesterton International Limited & Ors [2017]

EWHC (Ch)

Represented the liquidators of the Chesterton estate agency companies in applications for Berkeley Applegate relief and directions regarding the proper treatment of company property and trust property worth millions of pounds.

Alexander-Theodotou v. Michael Kyprianou & Co LLC [2016]

EWHC 1493 (Ch); [2016] BPIR 1114

Represented the successful applicant in setting aside a statutory demand where the debt arose from the alleged liability of a solicitor to pay the fees of foreign counsel. Led by Andrew Henshaw QC

Insolvency and restructuring [2016]

Advised the PI insurers of an LLP on the proposed settlement of a multi-million pound claim issued by liquidators in an offshore jurisdiction.

Insolvency and restructuring [2016]

Advised a defendant in a multi-million pound claim issued by liquidators in an offshore jurisdiction for breach of fiduciary and other duties as a shadow director.

Insolvency and restructuring [2016]

Advised an LLP on its response to proceedings in the Delaware bankruptcy court for orders compelling the disclosure of information and documents pertaining to a US subsidiary.

Ryan v. Tiuta International Limited (in CVA) [2015]

BPIR 123

Represented the successful applicant in setting aside a multi-million pound statutory demand issued against him on the grounds that the waiver of cross-claims in a deed of surrender was void for economic duress. The consequential claim settled shortly before trial.

Winterhill Asset Limited v. Catfoss Finance Limited [2015]

EWHC (Ch)

Represented the liquidator of an engineering company in a three-way dispute, successfully compromised during trial, about the availability of Berkeley Applegate relief and alleged personal liability for conversion.

In re Skycat Group Limited [2007]

EWHC 3116 (Ch)

Represented the successful applicant in a contested application for an administration order in the context of a deadlocked company.

In re Metronet BCV Ltd (PPP Administration) [2007]

EWHC 2697 (Ch); [2008] Bus LR 823; [2008] 2 All ER 75

Rights of veto over a transfer scheme in a special administration. Led by Antony Zacaroli QC.

In re Rajapakse [2007]

BPIR 99; [2008] BPIR 283

Represented the successful applicant in the first London High Court application under the Cross-Border Insolvency Regulations.

In re T&N [2005]

EWHC 2990 (Ch); [2006] 1 WLR 1792

The governing law of US mass tort claims in one of the most complex insolvencies of the last 25 years. Led by Richard Snowden QC and Peter Arden QC. Junior counsel to the administrators and draftsman of constitutional documents for the T&N UK Asbestos Trust for the compensation of persons afflicted by asbestos-related disease.

In re Piacentini [2003]

EWHC 113 (Admin); [2003] QB 1497; [2003] 3 WLR 354

Represented the receiver in a successful application concerning the incidence of liability for income tax in a receivership under the Criminal Justice Act 1988.

Wilkinson & Ors v. North & Ors [2016]

EWHC 1242 (Ch)

Represented the claimants at the trial of an equitable tracing claim regarding trust property misapplied in breach of a trust arising in a commercial context.

Erlam & Ors v. Lutfur Rahman & Anor [2016]

EWHC 111 (Ch); [2016] BPIR 856; [2016] P&CR DG5

Represented the successful claimants at the trial of a claim proving that the disgraced former mayor of Tower Hamlets was the true beneficial owner of a freehold property; a trust deed purporting to show a constructive trust in favour of the wife was a sham.

Walsh v. Shanahan & Ors [2013]

EWCA Civ 411; [2013] 2 P&CR DG7

Represented the appellants at first instance and in an appeal which establishes that the court retains a discretion to refuse an account of profits for breach of the equitable duty of confidence, even in the fiduciary context. Led by Geraldine Andrews QC.

Walsh v. Shanahan & Ors [2013]

EWCA Civ 675; [2013] 5 Costs LO 738

Represented the appellants in an appeal concerning the operation of Part 36 offers.

Career and Associations

2002 to 2008: Barrister and Senior Associate in the Advocacy Group of leading international law firm, Dentons.

1994 to 1997: BA (Hons) in Modern History, University of Oxford, First Class.

1995 to 1997: Elected as a Scholar of University College, Oxford.

1997: Prize for best First Class degree in Modern History from candidates at University College.

1998 to 2000: Queen Mother’s Major Scholarship and Hardwicke Entrance Exhibition, Middle Temple.

Diploma in Law (City University – Commendation); BVC (Inns of Court School of Law – Very Competent).

Member of the Chancery Bar Association

Member of the Insolvency Lawyers Association

Member of the Commerical Bar Association

Simon is fluent in Spanish and literate in French.

Simon provided free legal advice for several years through the Citizens’ Advice Bureau at the Royal Courts of Justice and the LawWorks Legal Advice Centre in Poplar. He is a volunteer with the CLIPS scheme operated by the Chancery Bar Association.

Simon has served as the governor of a primary school and a volunteer and fundraiser for a soup run for the homeless in central London. For 5 years he organized a week-long programme of voluntary work in southern France for approximately 30 university students and others. Simon has participated in this programme in most years since 1997.

Publications

Contributor to ‘Gore-Browne on Companies: chapter 46, mergers, restructuring and amalgamation.’

Contributor to ‘Gore-Brown Special Release: published annually; a series of articles on piercing the corporate veil.’

Contributor to ‘Practical Law: company law and insolvency topics.’

Contributor to ‘The Journal of International Finance & Banking: the reform of insolvency law in Saudi Arabia.’

Simon regularly presents seminars and talks on matters of relevance to his practice. Details are available on request.

London

9 Old Square
Lincoln’s Inn
London
WC2A 3SR

T 020 7405 9471

E london@enterprisechambers.com

Bristol

4-5 College Green
Bristol
BS1 5TF

T 0117 450 7920

E bristol@enterprisechambers.com

Leeds

43 Park Square
Leeds
LS1 2NP

T 0113 246 0391

E leeds@enterprisechambers.com

Newcastle

65 Quayside
Newcastle upon Tyne
NE1 3DE

T 0191 222 3344

E newcastle@enterprisechambers.com