A number of members of Atkin Chambers have been recognised by the new The Legal 500 EMEA guide to the […]
28th Apr 2020
In addition to giving tactical advice, Simon regularly drafts pleadings, and acts as sole and junior counsel in applications and trials in large complex commercial and construction related disputes. He has a reputation for being able to quickly grasp the technical issues in a case. One source states “You know he’ll pick up on the technical points others might miss” (Chambers UK Bar).
Simon has broad experience of construction disputes, both domestic and international, including delay and disruption claims, variations claims and extensions of time. He is very familiar with Standard Form Contracts (JCT, ICE and ACE) and has advised on the DOM/1 form of subcontract. Recent examples of his work in this sector include:
Simon has considerable experience in relation to adjudication and the HGCRA. This experience includes advising upon the enforcement of awards and adjudications under the Act. For example, appearing as Junior Counsel in Part 8 proceedings for pre-emptive declaratory relief in relation to the enforceability of an Adjudication Award in circumstances where the appointment of the Adjudicator preceded service of the Notice of Adjudication; Vision Homes Ltd v Lancsville Constructions Limited  BLR 525.
Simon has also advised on and prepared referral/response documents and conducted adjudications. Examples include advising generally and appearing at an adjudication hearing for a sub-contractor in relation to a multi-million pound dispute arising out of defects in a concrete floor, drafting adjudication submissions for a large Energy supplier in connection with several adjudications relating to renewable energy projects, and drafting a notice of adjudication for an electrical sub-contractor seeking payment.
Simon has experience of dealing with a variety of professional negligence claims involving a wide range of professional and consultants in the construction engineering sector, including engineers, contractors, architects and surveyors. Examples include a claim against a surveyor for failure to identify subsidence in a building, a claim against an architect regarding the negligent omission of drainage facilities from a residential extension and a claim against a contract administrator for delivery-up of documents and correspondence belonging to his client.
Simon also appeared as junior counsel in an Appeal to the Privy Council from Trinidad and Tobago concerning the proper interpretation of statutory provisions permitting the recovery of loss in personal injury actions from uninsured persons driving with the consent of an insured driver; The Presidential Insurance Company Limited v Resha St. Hill  UKPC 33; 3 LRC 7.
Qualifications: 1st Class Honours, Jurisprudence, Oxford University (2003). Boulter Exhibition, Christ Church College, Oxford University (2003). Marchant Scholarship, Lincoln’s Inn (2004).