Simon specialises in the construction and engineering and energy sectors representing contractors, manufacturers, private employers and their professional advisers in all forms of dispute resolution, including both domestic and international arbitration, domestic court litigation, mediation and adjudication.
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).
ENERGY, NATURAL RESOURCES AND UTILITIES
- Acting for a contractor specializing in offshore drilling services in connection with the premature termination of a contract for the supply of a semi-submersible drilling rig and ancillary services allegedly on grounds of poor performance during drilling operations. The contract incorporated LOGIC general conditions.
- During the course of 2012, Simon appeared as junior counsel at various interlocutory hearings in the TCC acting for a large Norwegian contractor in a substantial dispute relating to allegations of the unlawful termination of a contract for the dismantling of six North Sea oil rigs. The contract incorporated LOGIC terms and conditions. The claim was settled shortly before trial.
- Acting for the purchaser of four liquified natural gas producer vessels worth $1.8bn in relation to a dispute concerning the alleged cancellation / abandonment of the contract. The claim was for return of payments of $300m made towards the purchase of the vessels.
- Acting as junior counsel for a large foreign energy supplier in a large international arbitration concerning claims of over $1bn brought in respect of alleged deficiencies in the design of an offshore processing facility for liquefied natural gas.
- Advising in relation to a final account claim on an NEC3 Contract concerning the construction of a hydro-electric scheme in Scotland. Work on this project has included the preparation of referral/response documents for adjudication, attendance at a mediation and appearing as junior counsel at a Part 8 trial in the TCC; RWE Npower Renewables v J N Bentley  EWHC 978 (TCC).
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
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:
- Advising and acting as junior counsel for PC Harrington Contractors Ltd against Multiplex Constructions (UK) Ltd in a substantial dispute arising out of the construction of the New Wembley National Stadium; PC Harrington Contractors Ltd v. Multiplex Constructions (UK) Ltd  BLR 16.
- Appearing as junior counsel in Part 8 proceedings in the TCC for declaratory relief in relation to the operation and effect of the liquidated damages and extension of time provisions of the JCT Standard Form of Building Contract 1998 Edition and the impact of partial possession upon those provisions; Liberty Mercian v Dean & Dyball  BLR 29.
- Advising and acting as junior counsel for Barts and The Royal London NHS Trust in prospective Part 8 proceedings in the Commercial Court seeking declarations in relation to the Trust’s entitlement to use the variations procedure to omit work from a 35 year PFI Agreement.
- Appearing as junior counsel in High Court proceedings representing a company forming part of the consortium delivering the Manchester tram project. Resisting a claim brought by Transport for Greater Manchester for specific performance / delivery-up of internal documents pursuant to a contractual provision requiring the company to provide certain documentation on request; Transport for Greater Manchester v Thales  146 ConLR 194.
- Acting as junior counsel for a well-known internet electronics retailer in High Court proceedings concerning defects in the construction and design of a distribution warehouse.
- Appearing as counsel in various trials held in both the TCC and County Court concerning disputes over payment and defects in the works.
- Acting for an employer in a claim in the TCC for extension of time by a contractor engaged to carry out extensive renovations to a private residence.
- Advising regarding failure to serve withholding notices under the Housing Grant, Construction and Regeneration Act 1996 and on rights arising out of repudiation by a contractor.
- Advising in relation to the Party Wall Act 1996.
- Acting in a number of interlocutory applications in both the County Court and TCC, including applications for strike out, summary judgment and security for costs.
- Junior counsel for the Government of Gibraltar in respect of a claim being heard in the TCC concerning the termination of design-build contract for the construction of a tunnel in Gibraltar under a modified FIDIC form of contract; Obrascon Huarte Lain SA v. Her Majesty’s Attorney General for Gibraltar  EWHC 1028 (TCC).
- Junior counsel in a Hong Kong arbitration in respect of HK$ multi-million claims (re-rating and fluctuations) arising out of a project for one of the world’s longest cable-stayed highway bridges.
- Advising and acting on a Hong Kong arbitration concerning HK$ multi-million claims in respect of the design and construction of a major highways project.
- Acting for a large investor in a Singapore (SIAC) arbitration concerning the termination of a contract for the purchase of a large residential, commercial and retail development in Vietnam.
- Advising and acting for a large Italian contractor in a substantial delay claim involving the construction of a prestige Hotel in Eastern Europe [Ukraine]; He appeared as junior counsel during final substantive hearing and at a number of preliminary hearings. His role also included assisting in the drafting of all statements of case, witness statements, opening and closing submissions and costs submissions.
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.
OTHER PROFESSIONAL INFORMATION
Qualifications: 1st Class Honours, Jurisprudence, Oxford University (2003). Boulter Exhibition, Christ Church College, Oxford University (2003). Marchant Scholarship, Lincoln’s Inn (2004).