| Call 1984
Experience and Expertise
Simon’s property practice extends to disputes relating to title, easements, boundaries, covenants, trusts of land, nuisance, conveyancing, landlord and tenant (commercial and residential), leasehold enfranchisement, mortgages, construction contracts and property-related insolvency.
He is instructed by or on behalf of private individuals, companies, institutional clients and a variety of property professionals and is frequently to be found in all the domestic courts and tribunals where property disputes are heard whether on applications, including for urgent interlocutory relief, at trial or on appeal, alternatively in mediation or arbitration.
Cases of Note
He has appeared in a number of significant property cases including:
- Baxter & Others v Stancomb  EWHC 2529 (Ch) (whether on a TOLATA application a property which was part only of a large estate should be ordered to be sold to enable the sale of the whole estate to go ahead)
- Food Converters Ltd v Newell  EWHC 926 (Ch) (whether on the particular facts of the case the claimant had taken factual possession of land and had therefore dispossessed the paper title owner of the land for the purposes of the transitional provisions of the Land Registration Act 2002)
- Squarestone Ltd v Bishop (2017) (Chd) (mandatory injunction compelling purchaser of commercial property to remove an improperly obtained official search certificate from the title of the property at HM Land Registry)
- Moorjani v Durban Estates Ltd  1 WLR 2265 (basis of assessment of damages for breaches by landlord of long leasehold property of covenants to maintain common parts and to insure building)
- Smart v The London Borough of Lambeth  HLR 7 (where S claimed title to property by adverse possession, to what extent L expressly or impliedly consented to S’s occupation of the property when it put in place a scheme for the upkeep of that and a number of its other properties)
- Islam v Al Sami  EWCA Civ 32 (validity of equitable charge)
- Ofulue v Bossert  1 AC 990 HL (whether an admission of ownership in a pleading in earlier proceedings is a continuing or any acknowledgement of title for the purposes of section 29 of the Limitation Act 1980, whether the contents of without prejudice correspondence are admissible as an acknowledgement of title).
- Legal Services Commission v Banks (2008) 20 EG 137 (CS) (whether a temporary postponement of rent pending satisfaction of a significant award of damages is a financial gain for the purposes of the statutory legal aid charge)
- Ofulue v Bossert  3 WLR 1253 CA (adverse possession, human rights, acknowledgement of title, without prejudice rule)
- Mortgage Credit Limited v Kalli  EWCA Civ 1156 (adverse possession in a commercial landlord and tenant context, misconduct by trial judge)
- Pena v Coyne and Sunmoor Ltd (Chd)  2 BCLC 703 & 730 (setting aside sale of a restaurant business at an undervalue)
- Leeman v Mohammed  82 P & CR 14;  EGCS 11, Court of Appeal (land registration, priority of interests, overriding interests)
- Hanina v Morland  All ER (D) 1931 (whether alleged right an easement)
- Larksworth Investments v Temple House and Beach (No 2)  BLR 297 (assessment of damages for disrepair of commercial premises)
- Larksworth Investments v Temple House and Beach  EGCS 86 (construction of alienation clause in commercial lease).
Simon has also recently appeared:
- at trial on behalf of a farm owner seeking relief against the trespassing owner of neighbouring woodland and, in another case, against a neighbour seeking to assert a right of way over woodland adjoining the owners’ property
- at trial on behalf of a client whose property was severely damaged when a fire which started accidentally in a neighbour’s pottery studio spread to her property
- at trial on behalf of a property owner on the question whether a wall in which she had inserted a window and a boiler flue was a party wall and therefore whether what she had done amounted to a trespass and/or a nuisance and, if so, whether the appropriate remedy was a mandatory injunction or damages or both.
He is also currently advising:
- the occupants of premises whose neighbours are conducting a business which gives rise to a potential nuisance
- developers of land the subject of a restrictive covenant concerning the types of building permitted on the land
- a vendor of land seeking specific performance of the contract by the purchaser who claims that the contract is unenforceable because it does not satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
- a number of landlords of mixed commercial/residential premises as to the need to serve notices on their tenants under section 5 of the Landlord and Tenant Act 1987 giving them rights of first refusal in the event of a sale of the freehold
- two different long lessees of flats on their remedies against both their landlords and/or other occupants of the buildings in which their flats are situated arising out of the activities of those occupants of the building
Simon is recommended as a leading junior for his property litigation expertise by both Chambers UK and The Legal 500. Clients quoted recently by the directories have described him as follows: “He produces excellent pleadings and manages clients very well in conference” (Real Estate Litigation, Chambers UK 2019) “an extremely impressive barrister with a friendly and highly professional attitude, whose strengths are his attention to detail, his commitment to clients and his strong sense of the commercial realities of a case (Real Estate Litigation, Chambers UK 2018) and “brilliant with clients, he never fails to deliver” (Property Litigation, The Legal 500 2019).