Simon Hale

Call:2006

Introduction and Contact Details

Simon joins Hardwicke from 1 Essex Court. He has appeared in County Courts, the High Court and the Court of Appeal, as well as in the Employment Tribunal, Solicitors’ Disciplinary Tribunal, Court of Protection and various other statutory tribunals. He also has acted in arbitrations and mediations.

DDI: 020 7400 2372

COMMERCIAL

Simon has experience of contractual and commercial disputes of many kinds, advising and representing a very wide range of commercial clients in court, arbitration and mediation. He has particular specialist experience of shipping law, national and international carriage, and sale of goods disputes, having completed pupillage at Stone Chambers (Steven Gee QC). His experience also includes insurance litigation, partnership disputes, company law, and debt claims of all kinds.

Recent cases:

Re: A Fund
Advising a Swiss domiciled, US administered fund about a master supply agreement for the purchase and distribution of anti-malarial drugs to 10 of the poorest countries in the world. Client to provide majority funding for the purchase of the products, with port of destination companies and/or procurement agencies acting as buyers from major pharmaceutical sellers. Advised as to implications of carriage and sale contracts on risk, title and property in the goods.

J.E.L.E. & D.S.M.
Advised Saudi domiciled account holder on his proposed role in a funding agreement for mining project in the Middle East. Advised client as to risks and liabilities associated with his movement of a £400,000.00 investment from a U.K. fund through three Saudi bank accounts, and money laundering implications.

Shand Air Cargo Limited v Richard Hywel Evans Design Limited
Represented defendant shipper in claim by agent for freight and other charges, arising from unsuccessful multi-modal carriage of luxury furniture ex New York-London-Maldives. Set aside judgment on application which considered transfer of, and marks upon, bill of lading and other shipping documents.

Wallace v U.P.S. Limited
Acted for defendant carrier in claim for damages arising for delayed delivery following international carriage by road. Issues included operation of the Convention on Contracts for the International Carriage of Goods by Road, and remoteness of various consequential losses claimed by shipper.

Professional Negligence

Simon has experience of claims against a range of professionals including solicitors, architects and surgeons. He has enjoyed success before professional tribunals including the Solicitors’ Disciplinary Tribunal.

Recent cases:

Bresnick v Hillcrest Timber Treatments Limited
Representing claimant in negligence claim against installers of defective damp proof course in 1999. Defects lay dormant until 2007. Dispute as to causes of failure, and arguments regarding enforceability of guarantee where defendant alleges breach of conditions precedent.

G v W.H.L
Instructed by solicitors’ indemnity insurers to resist negligence claim arising from sale of a property. Claim will consider whether an agreement reached in completion negotiations for an allowance off the purchase price will preclude Claimant purchaser from further pursuit of rights against the third party vendors.

Arbitration: B v B.B.D.
Acting for claimant seeking in excess of £230,000.00 in ongoing arbitration arising out of his expulsion from partnership in a firm of solicitors. Central issue is construction of clauses in partnership deed dealing with expulsion, post-expulsion liabilities and losses arising from expelled partner’s acts of negligence.

Domfe v Meadows & Moran
Acting for claimant in solicitors’ negligence action. Claim arises from defendant’s failure to advise of risks associated with a conveyance rider clause providing for uplift in purchase price upon obtaining of highly particular planning consents.

A Solicitor’s Firm  v (1) A Bank & (2) Mr H
Advised second defendant pre-action. Claimant initially sought client’s support for breach of contract claim against bank following its refusal to remove a charge. Potential claim against client for negligent misstatement met with counterclaim for negligence in solicitors’ handling of sale and specific undertakings given to bank.

Harley Street E.N.T. Clinic v Novakovic
Acted for claimant medical practice in action for unpaid surgeon’s fees. Counterclaim alleged breaches of duty in relation to acceptance of patient on private basis, in the context of a private medical insurance policy with limited cover for particular treatments.

Employment

Simon has extensive Employment Tribunal experience work from CMD to final hearings lasting many days, and involving a broad spectrum of claims. He has recently delivered a detailed seminar on aspects of Disability Discrimination law. He is also familiar with contract and other employment claims in the civil courts.

Recent cases:

R v An Investment Bank
Simon spent a considerable period at the start of 2010 on a very substantial whistle-blowing claim against one of the largest investment banks in the world, preparing the matter for a seven week trial, being led by Sarah Malik. The Claimant also presented complaints of discrimination on grounds of disability, a failure to make reasonable adjustments, and unfair dismissal. The matter was compromised before trial on payment of a seven figure settlement sum.

S v R.T.E. Ltd
Acted for Claimant in challenge to redundancy dismissal in highly technical engineering sector company. Complex evidence over three days regarding role profiles and suitability of claimant for redeployment to other posts, as well as allegations of sham rationale for dismissal.

R.S. Limited v (1) Mr W and (2) Mr B
Acting for Claimant company seeking damages for breach of restrictive covenants against two former employees, who established rival operation and systematically sought to poach Claimant’s customers and clients. Damages sought in excess of £220,000.00.

Insolvency & Restructuring

In bankruptcy he has acted predominantly for trustees though on occasion for debtor. His experience includes IA 1986 and TLATA applications of various kinds and advising on complex trusts, including cohabitation cases. He has experience of company liquidation procedures, both solvent and insolvent, and of fraud and tracing claims. He has conducted a contentious probate action in the Court of Protection. Simon appeared as a contributor to L.N.T.V. programme on preventing financial abuse of the elderly by invoking the Court of Protection’s powers.

Recent cases:

Re Derek Hutchins (a Bankrupt)
Acted for trustee in bankruptcy in contested section 363 Insolvency Act/section 14 TLATA applications. Bankrupt’s former spouse asserted beneficial interest on constructive trust principles, and asserted exceptional circumstances based on suffering multiple sclerosis. Judgment obtained that trustee held entire beneficial interest and no equitable accounting to be conducted in former spouse’s favour.

N v H
Acting for claimant in cohabitation dispute. Claimant seeks an account applying resulting trust analysis of parties’ beneficial shares in main residence to displace presumption of equal ownership. Alternative claims are made for an occupation rent and equitable compensation.

INSURANCE

All Risks

Recent cases:

Mr H v An Insurer 
Acting for Claimant (pre-issue) in call on home insurance policy following burglary. Cover declined for certain specific high value items on grounds of alleged breach of Safe Warranty. Upper limit of cover for unspecified valuables also in dispute. Further allegations made by insurer of misreporting by insured.

Personal Injury

He is experienced in many types of injury claim, having regularly advised as to prospects and quantum, settled pleadings and conducted court work.

Recent cases:

Montgomery v Brown
Appeared on an interim application in contempt proceedings brought against personal injury Claimant, alleging 23 counts of dishonesty in his presentation of a £700,000.00 damages claim.

R v (1) A (2) First Central Insurance Company Limited
Acting for insurer who has withheld indemnity in a road traffic accident claim for general damages and credit hire charges. Investigations ongoing into the veracity of the claim, due to suspicious connections between companies operated by the Claimant and first Defendant.

Low v Wallis Office Furniture Limited
Acted for defendant company’s insurers in two personal injury claims brought by employee. Advised on and prepared application under CPR 14 to withdraw admission of liability; claim subsequently settled.

Singh v B.A.Plc
Acted for defendant after employee injured at work in runway traffic collision. Four expert witnesses involved, two as to orthopaedic injuries and two as to psychological impact on claimant. Schedule of damages claimed £130,000.00; settled after CMC for considerably lower sum.

Armsden v Kent Police Authority (see [2009] EWCA Civ 631)
Assisted in representation of defendant post trial in fatal collision case, collecting judgment and making detailed submissions seeking permission to appeal from trial judge. Court of Appeal subsequently allowed appeal reducing client’s liability from 100% to 40%.

PROPERTY & PRIVATE CLIENT

Land & Real Property

Simon has advised and appeared for banks, building societies, private landlords, public sector housing authorities and tenants. He has particular experience of landlord and tenant disputes, both commercial and residential.

Recent cases:

G.R.A. v Mr C
Acted for defendant in claims for possession of his two commercial premises as well as in incipient bankruptcy proceedings. Claimant asserted licences, defendant asserted protection of 1954 Landlord and Tenant Act. Application to set aside statutory demand conceded by claimant, remaining issues to be mediated.