Simon Buckhaven

Introduction & Contact details

Simon specialises in a range of areas including high value matrimonial finance, co-habitation and property disputes, securities and guarantees, wills and inheritance and professional negligence
 
Simon has appeared in the House of Lords as well as in several leading cases in the Court of Appeal. He appears regularly in the High Court and has represented clients before Disciplinary Tribunals; Law Society, University and Sporting Tribunals.
 
Simon is trained to take work on a Public Access basis. He is fluent in French, Spanish and Persian.

Qualifications

• Law Lecturer (1971 – 1974) University of the South Bank
• Assistant Parliamentary Boundary Commissioner 1993-96
• Mediator - ADR 2003  

Professional Associations

• Family Law Bar Association
• London Common Law & Commercial Bar Association

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   simon.buckhaven@hardwicke.co.uk

Family: Breakdown & Finance

He has been involved in leading cases concerned with the relationship of separating couples as well as issues relating mortgage fraud and property repossession.

Relevant Cases
 
Momson v Azeez [2009] All ER (D) 193 (Mar)
Court of Appeal case considering whether the provisions of the CPR for the granting of relief against sanctions are compatible with Article 6 of the Human Rights Act 1989

Barclays Bank v O’Brien [1995] 1 All ER 438
House of Lords case considering the enforceability of guarantees and securities given by wives for their husbands’ or companys’ indebtedness.

Newlon Housing Association v Alsulaimen [1998] All ER (D) 383
House of Lords considering whether a Notice to Quit given by one of two joint tenants amounts to a disposition which can be set aside under S.37 of the MCA 1973 as a reviewable disposition made with the intent of defeating the Applicant’s claim to financial relief. 
 
Baker v Baker [1995] 2 FLR 829
Court of Appeal case examining the standard of proof required in a matrimonial case to infer the existence and amount of assets.
 
Rundle v Rundle [1992] 2 FCR 361, [1992] 2 FLR 80
Court of Appeal case looking at the approach of the Court where fresh evidence is to be admitted.

Trusts & Probate

Simon has experience practising and advising in this area on such issues as contested wills, disputes relating to the administration of estates, applications under the Inheritance (Provision for Family and Dependants) Act 1975 and trusts.

Commercial

Simon's practice encompasses a large number of wide-ranging facets but the majority of his work is based around the interaction between companies and private individuals, including consumer services, mortgages, and finance arrangements in the event of family break down. His property work extends to disputes arising out of partnership owning, dealing in and developing property.

Relevant Cases

Tower Boot Ltd v Jones [1997] 2 All ER 406
Court of Appeal case concerning vicarious liability of an employer for the acts of racial discrimination of his employee in the light of the Racial Discrimination Act.

Banking, Finance & Credit

Simon has acted for many of the major lending and banking institutions. He has acted in some key decisions regarding banking practices and advises regularly advises corporate and banking clients.

Recent Work

• In 2007/8 he was involved in a multi-party action involving negligent advice on extra-territorial pensions involving major international banks and IFAs. He has also led in a large contested ancillary relief case involving Criminal Administration Orders pending a criminal trial and over £ 60 million of assets in numerous companies spanning several jurisdictions.

Relevant Cases

Thai-bin Ali [2003]
High Court case concerning the interplay between the Writ of ‘Ne Exeat Regno’ and the alternative remedy of an Injunction restraining a party from leaving the jurisdiction.

National Westminster Bank v Beaton [1997] EGCS 53
Court of Appeal case concerning agency and whether solicitor providing certification to bank that legal advice had been given was acting as agent for the bank.
 
Bank Melli Iran v Samadi-Rad [1995] 1 FCR 465
Court of Appeal case examining the principles involved in setting aside voidable agreements.

Professional Negligence

Simon has a wide experience of advising in relation to and acting in a broad array of actions both for and against solicitors, surveyors, valuers and other property professionals. In addition Simon has significant experience of handling professional negligence claims against solicitors arising out of ancillary relief.