Simon practises in clinical and other professional negligence, personal injury (including product liability) and civil litigation in tort and contract disputes, and in specialist criminal and regulatory work in related fields (e.g. Health and Safety prosecutions, professional disciplinary and regulatory tribunals). He has also acted in Coroner’s Inquests and Inquiries, including in relation to the fatal shooting by police in 2005 of Jean Charles de Menezes at Stockwell tube station, and a number of other Article 2 inquests in the context of the armed forces and of clinical treatment. His practice is based in London but is not restricted by location.
His early practice at the Bar was in the criminal courts, providing him with forensic advocacy experience much valued by subsequent clients. Since 2003 he has sat as a Recorder and is now authorised as such to deal with cases in the criminal, civil and family jurisdictions of the Crown and County Courts.
In practice he acts for both Claimants and Defendants and is cited annually in the principal professional directories (Chambers & Partners, The Legal 500) as a leading practitioner at the London Bar in the areas of Personal Injury and Clinical Negligence.
Simon acts for both Claimants and Defendants in clinical negligence claims and is recognised as a leading practitioner in this field. He appears regularly in court both at trial and on interlocutory hearings, and has built a strong following especially in the Midlands and the North of England – but he places no geographical restrictions on his practice and is willing to travel as necessary in order to see clients or experts, or to attend court. Claims dealt with have included issues in relation to alleged negligence by GPs, surgeons, oncologists, rheumatologists, obstetricians, gynaecologists, neurosurgeons, psychiatrists and anaesthetists amongst others.
Inquests & Judicial Review
Inquests & Judicial Review
Simon has appeared at a number of sensitive and/or high-profile inquests arising out of alleged clinical negligence; including in relation to the death of a newborn child as a result of poor infection control, and in relation to the death of a healthy man on the operating table as a result of failures of anaesthetic technique.
Clinical Negligence Cases
- C v Dr. M & others (2013): Acted for defendant (insurer – MPS) in fatal clinical negligence claim against GP for alleged failure to detect signs of serious systemic illness and/or to refer to hospital care.
- Straughan v Barnsley Hospitals NHS Foundation Trust (2013): Acted for claimant at liability trial in clinical negligence claim alleging failures in psychiatric assessment of a patient before permitting discharge home.
- Searle v Heart of England NHS Foundation Trust (2013): Acted for claimant in a clinical negligence claim concerning missed diagnosis of lupus nephritis/rheumatological negligence. Claimant in her 30s left physically devastated by the consequential succession of systemic infection, cardiac failure, stroke, peripheral auto-amputation, reduction in life expectancy.
- Killips v Royal National Orthopaedic Hospital NHS Trust (2013): Acted for claimant at trial of clinical negligence claim alleging breach of duty in failing appropriately to deal with pressure ulcers (bed sores), leading to amputation. Claim settled advantageously for claimant at the end of day 1 of the trial.
- Housam v Sheffield Teaching Hospitals NHS Foundation Trust (2012): Acted for claimant at liability trial in clinical negligence claim alleging failures of surgical technique and microbiological control.
Simon undertakes work in relation to contractual and tortious disputes arising in the commercial environment, but especially in relation to alleged professional negligence. He has advised and represented individuals and corporate interests in disputes arising in the fields of insurance and reinsurance, construction and property development, and in respect of alleged negligence in conducting litigation arising out of such matters.
- Bank of Ireland v (1) Faithful & Gould Ltd & (2) CBRE Ltd  EWHC 2217 (TCC): Multi-million valuers’ negligence claim pursued by defendant monitoring surveyors against Third Party valuers in relation to residential property development in Manchester in 2006-7; advised and successfully represented the Third Party at TCC trial.
- KH v (1) TBF & Co & (2) WBP (on-going): Solicitors’ and barristers’ negligence claim arising out of allegedly negligent conduct of high-value brain injury PI claim; representing claimant.
- Wright v Tinklers Solicitors (2013): Advised claimant in solicitors’ negligence claim arising out of mishandled commercial (insurance) litigation.
- Mills v Portner & Jaskell LLP (2011): Advised and represented claimant in solicitors’ negligence claim arising out of purchases off-plan in a residential property development in Poole.
Simon is recognised as a leader in the field in relation to personal injury work. He acts for both Claimants and Defendants; and he acts for defendants in related litigation including actual or potential prosecutions under the Health & Safety at Work Act 1974 and related provisions.
Chambers & Partners 2014 guide said of him “He’s excellent. Whether it’s his knowledge of the law, pleadings, cross-examination, interlocutory matters or the final trial, he doesn’t have a weakness.” “His communication skills are exceptional and he has a clear focus on the client’s best interests. He is excellent in writing, in conference and at court”, and the 2013 edition of the Legal 500 praised his “exceptional advocacy skills”.
Personal Injury Cases
- Chappell v Coral Racing (2013): Acted successfully for defendant at trial of a claim for nervous shock following assault of employee in betting shop by armed robber.
- Woodburn v Virgin Atlantic (2013): Acted successfully at trial for defendant in a claim brought by employee alleging in-flight injury as result of unsafe equipment.
- Day v Walters (2012): Acted for claimant in a serious brain injury claim caused by RTA in childhood. Settled at JSM.
- Walker v European Sheeting Ltd & another (2012): Personal injury claim for brain injury, acting for the claimant, settled at JSM.
- Gibbins v Richard and Inger Mee (2012): Acted for claimant in claim for damages for paraplegia following a fall from height whilst at work, settled at JSM.
- Broadlands District Council v Bradecca Ltd & Kenneth Russell (2012): Successfully acted for both corporate and individual defendants at trial in a prosecution alleging breaches of health and safety legislation.
- Boyall v Axa Corporate Solutions (2011): Successfully acted for claimant on liability issues in severe head injury claim.
- Garford v Essex County Council (2011): Acted for defendant in complex stress at work claim.
Simon’s practice in Product Liability is closely allied to his practice in personal injury and clinical negligence work. He is regularly instructed to advice on potential product liability issues, and has represented Defendants in particular at a number of significant trials over the years.
Product Liability Cases
- Bogle & Ors v McDonald’s Restaurants Ltd  EWHC 490 (QB): Field J, product liability group action in respect of hot coffee/tea and the manner of their packaging for consumer.
- Wilson & Woolaghan v Next plc (2011): Successfully acting for Defendant in product liability trial concerning allegations of defectiveness/ dangerousness in relation to baby clothing.
How to get in touch
For more information please contact our clerks by calling +44 (0) 20 7242 3555 or email: firstname.lastname@example.org.
Recorder in 2002, authorised to deal with Crime, Civil and Public & Private Law Family matters.