Simon Hale

Introduction & Contact details

Simon has developed a very busy junior practice with core specialisms in insurance litigation (particularly professional liability/indemnity), commercial litigation and employment. He regularly appears in the County Courts, the High Court, the Employment Tribunal, and in arbitrations and mediations.  He has also appeared in the Court of Appeal, the Solicitors’ Disciplinary Tribunal and various other statutory tribunals.

Simon prides himself on providing advisory, drafting and advocacy services of the highest quality, and is totally committed to achieving the best possible results for his clients.

Other:

Simon is a keen sportsman, playing regular football and happy watching virtually any sport. He has been known to wield a bat in the summer for a Bar cricket team “The Devil’s Advocates.” He also enjoys hiking and scrambling up hills behind rather better mountaineers than himself.

Simon has very good French and good German. He is an avid reader, especially of 20th century fiction.

Qualifications

• MA (Hons) Jurisprudence – Oxford University
• Steen Award – Gray’s Inn
• Bar Vocational Course (Very competent; top 5% in year) – Inns of Court School of Law, London 

Professional Associations

• PNBA
• BILA
• COMBAR
• ELA
• ILS

DDI: 020 7400 2372

Professional Liability

Simon has extensive experience of claims involving a wide range of professionals, including solicitors, financial and pensions advisers, brokers, surveyors, architects, structural engineers and surgeons. He has a predominantly defence practice acting on behalf of many leading PI insurers, but also has significant claimant experience. He is familiar with the typical coverage issues that can arise in tandem with substantive negligence allegations, such as notification requirements, excess/limit of indemnity aggregation and exclusion clauses.

He spent five months in 2010 on part-time secondment to the London Market Professional Indemnity team at a leading City law firm, Plexus Law. In his role as in-house Counsel, Simon gained significant insight into the PI legal services market whilst working on many complex and high-value claims, with an emphasis on financial services professionals such as IFAs, pension trust consultants and mortgage/insurance brokers.

He has also enjoyed success before professional tribunals including the Solicitors’ Disciplinary Tribunal.

Recent cases:

G v M.H.L Limited
Instructed by solicitors’ indemnity insurers to resist a 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 third party vendors.

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 on a property. Potential claim against client for negligent misstatement met with counterclaim for negligence in solicitors’ handling of the sale and specific undertakings given to bank.

Television Production Company v (1) Design and Build Contractor and (2) Firm of Structural Engineers
Acting for second defendant in relation to £800,000.00 claim for total overnight collapse of a complex scaffold structure on set, with consequent damage to filming, audio and production equipment. Dispute between experts as to forces acting upon the structure and therefore mode of failure; and legally, dispute as to whether D assumed any responsibility to C whilst in sub-contract with separate employer.

F v T.A.S.P. Limited
Instructed by PI insurers of defendant chartered surveyors/valuers in a claim alleging negligent failure to identify various alleged defects in a pre-completion inspection. Contested evidence as to scope of retainer and/or duty of care, and as to state of the property upon inspection (including allegations of concealment by third party vendors).

(1) An Occupational Pension Scheme (2) Trustees of the Scheme v A Pensions
Consultant Limited Acted for the defendant against allegations of failing to implement a series of amendments of the rules governing the pension scheme, resulting in substantial (£5M) additional liabilities to members. Defendant resists liability and claims in any event the right to be indemnified by a third party pursuant to a share purchase agreement.

A Tenants Association Limited v M & S C Limited
Acting for defendant contractors in significant fire claim alleging negligent use of hot-air guns to remove paint from external windows during refurbishment works.

G v A.A. Limited
Instructed by PI insurers of defendant firm of surveyors in relation to a limited mortgage valuation report. Dispute as to limits upon scope of necessary enquiries, causation (claimants allege defendants’ negligence prevented a chain of further enquiry and reporting) and as to mitigation/cost of cure.

Bresnick v Hillcrest Timber Treatments Limited
Successfully acted for 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.

Paul v G Q & Sons Roofing Company Limited
Acting for claimant in serious fire claim at their property alleged to have been caused by negligence of roofing contractors.

Commercial

Commercial Contracts

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. His experience also includes partnership disputes, company law, and debt claims of all kinds.

Recent cases:

Re: A Fund
Advised 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.

Arbitration: B v B.B.D
Successfully acted for claimant seeking in excess of £230,000.00 in an arbitration over his expulsion from partnership in a firm of solicitors. Central issues were the construction of clauses in the partnership deed dealing with expulsion, post-expulsion liabilities and losses arising from expelled partner’s acts of negligence. Claim settled on excellent terms.

BT Plc v Ringway Infrastructure Services Limited
Acting for defendant highways contractor in a series of claims alleging damage to underground plant belonging to the claimant telecoms provider, during the course of major highway renovation/restructuring work (allegations denied).

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.

Employment

Simon has extensive advisory and Employment Tribunal experience from CMDs to final hearings lasting many days, and involving a broad spectrum of claims. He also has experience of contractual and other employment claims litigated in the civil courts, including particular experience of disputes involving restrictive covenants.

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 (1) Mobile Telecoms Provider (2) Various others
Advised the respondent (a major UK mobile telecoms company) in settling claims for direct sex discrimination and victimisation, brought by an applicant for an acting role in R’s major television advertising campaign. C alleged detriment in being refused the opportunity to attend a casting session; significant difficulties arose as to causation in a highly subjective, creative employment environment. Further complexity arose as to quantum with C alleging her future income would have increased due to exposure/profile in mainstream media.

Higgins v Taylor Gordon & Co Limited t/a Plan Personnel
Successfully acted for the respondent in a gross misconduct dismissal whereby respondent alleged theft and deliberate concealment of fraud, whilst claimant alleged a forged investigation and sabotage by investigating officer.

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.

Major Financial Services Provider v Various Former Advisers (Secondment case)
Assisted claimant in instigating injunction proceedings against multiple former financial advisers, asserting that breach of detailed non-solicitation and non-competition clauses led to the transfer out of hundreds of investment portfolios; litigation ongoing.

Insolvency, Restructuring & Trusts

In bankruptcy Simon has acted predominantly for trustees though on occasion for debtors. 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 successfully obtained a statutory will in a contentious probate action in the Court of Protection and successfully defended an executrix in a two day devastavit trial in the Central London County Court (Chancery List).

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.

Mann v Felton
Successfully defended executrix against 13 separate allegations of breach of trust, breach of duty towards beneficiaries and false or negligent accounting, with an attributed financial value of more than £100k.

Insurance

Simon has significant experience of coverage work and has advised as to claim/circumstance notification clauses, excess and limit of indemnity aggregation, various exclusion clauses, and as to material non-disclosure/misrepresentation and avoidance. He has also handled claims made under all risks, public liability and employer’s liability policies.

Recent cases:

Run off Insurers v Principals of former Insured solicitors’ firm
Led by Nigel Jones QC, advising insurers in their attempt to recover £1M excess paid on behalf of insolvent former insured pursuant to minimum terms, and arising from the “Son of Tag” litigation.

Premiership Footballer X v (1) Premiership Footballer Y (2) The FA (3) Premiership FC
Led by James Dingemans QC, advising insurers to the Premiership Football Club in an extremely high value injury claim, whereby C alleges his playing career was ended by D1’s negligent tackle, and that D2 and D3 are vicariously liable for the player’s actions (which occurred during training for international duty).

Trust Company v Various x 11 (Secondment case)
Assisted in representation of one of 11 defendants to a £6M breach of trust and negligence action, whereby insured financial adviser was accused of negligent failure to alert various investors - whose claims were settled by and assigned to C - about a series of fraudulent off-shore transfers of investors’ securities, leading to substantial losses.

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

Simon is experienced in many types of injury claim, regularly advising as to prospects and quantum, settling pleadings and conducting fast- and multi-track trials.

Recent cases:

S v Q Limited
Assisted as junior to Charles Bagot in defending this employer’s liability claim. Claimant alleged effective loss of use of his left leg and sought substantial loss of future earnings; he was however an illegal entrant with no right to remain or work in the UK. Defence predicated on illegality as a bar to recovery of special damages for loss of income. Claim settled at preliminary issue trial on illegality.

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%.