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Practice Profile
Personal Injury
Simon has a wide-ranging Personal Injury Practice acting for both Claimants and Defendants. Simon has extensive experience in advising in Road Traffic, Public Liability (including occupiers liability), Animals Act and Product Liability claims. He has a particular interest in accidents at work and the six pack regulations and appears on a weekly basis in claims of this nature in courts across South Wales before both District and Circuit Judges. In addition Simon had acted in a wide variety of Road Traffic cases and has particular experience of low impact collision cases and cases with an element of credit hire.
Simon is developing a strong Costs practice. He has appeared before the Court of Appeal in an appeal relating to the scope of the discretion of the trial judge to award or refuse costs to a successful Multi Track Claimant. He regularly appears in detailed assessment hearings.
Chancery, Business and Consumer Law
In the Consumer field Simon has experience in both multi-track and fast track claims acting for Defendants and Claimants in equal measure. He has particular expertise in Consumer Contract Regulations 1999 and the Unfair Contract Terms Act 1974 having had successful conduct of a number of high profile cases involving issues under both pieces of legislation. In a recent instruction Simon successfully negotiated settlement of a case pleaded at a value over £250,000. Simon has a strong paper practice and regularly advises in this field.
Simon’s insolvency practice continues to develop and he regularly acts in cases of both personal and corporate insolvency. He acts for Trustees and Defendants in relation to applications governed by s335A of the Insolvency Act 1986. Simon has advised numerous Trustees in relation to their duties and has experience in the appellant courts in this regard. Simon had particular experience in relation to orders for sale, winding up petitions and the setting aside of statutory demands.
A particular area of interest for Simon is the scope of a director’s fiduciary duties in light of recent legislative developments. Simon has acted for company directors and companies where breach of director fiduciary duties are alleged particularly in relation to s320 Companies Act 1985. He has also advised and acted in minority shareholders actions. Simon also acts in a range of wider commercial disputes.
Land and Housing
Simon has experience of the Lands Tribunal and has acted for both individuals and local authorities in disputes relating to land.
Simon has particular experience in relation to possession and demotion applications by local authorities against secure tenants and applications for Anti Social Behaviour Injunctions. He is well versed on the relevant homelessness legislation. He has a good appreciation of the inevitable issues of discrimination and reasonableness most Housing matters entail.
Employment
Simon regularly appears in the Employment Tribunal for both Claimants and Respondents. A wide practice base encompassing cases across the spectrum of discrimination and unfair dismissal.
NOTABLE CASES
• Hutchings v Parker (2007) Court of Appeal – Appeal relating to the discretion of a trial Judge to refuse to award costs to a successful Claimant. Also considered the appropriate quantification of damages in minor nuisance claims.
• Griffiths v Meadon (2007) – Appeal from decision of District Judge to Circuit Judge regarding appropriate level of costs where minor whiplash injuries recover costs bill of £28,000.
• Lamont and Price v Merthyr Tydfil CBC (2006) – Appeal regarding the use of expert evidence as to the state of the highway in local authority tripping claims.
• R v Tudor (2007): Part of prosecution team relating to second-largest outbreak of E-Coli in the United Kingdom.
• Jackson v Vale of Glamorgan (2008) – Lengthy litigation relating to an unsubstantiated claim made by a council tenant for harassment by her local authority landlord.
• Thompson Rail Equipment v Baker (2008) – Large claim for breach of fiduciary duties on the part of a Company director and the proper interpretation of a full and final settlement clause. Judgement awaited.
• Simon is currently instructed in a professional negligence claim with a pleaded value of over £250,000. He is also due to begin a lengthy employment hearing in the new year on behalf of a local authority relating to a claim for unfair dismissal as a result of whistle blowing procedures.
EDUCATION
• BVC, Nottingham Law School
• LLB, University of Liverpool
• Ysgol Friars, Bangor
INTERESTS
• Playing and watching most sports
• 20th Century literature
• Cars
