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Simon Goldstone
Call: 2004
Expertise
Commercial Commercial Fraud Insurance & Reinsurance Professional Negligence Professional Regulation Property Damage Media & Entertainment
Qualifications
Brasenose College, Oxford (1992 - 1996):
BA Modern Languages (French and Russian) First Class
BPP Law School (2002 - 2003): PgDL
BPP Law School (2003 - 2004): BVC
Practice Profile
Simon is experienced in a range of commercial and common law matters, as detailed below. In addition, he has a particular interest in knotty procedural issues where his attention to detail, deep familiarity with CPR and ability to think laterally place him in good stead. Simon is tactically astute and a forceful advocate.
Simon’s commercial background has equipped him well to focus on the practical imperatives of his clients. Simon is well able to grasp the complex factual and scientific issues that frequently arise in cases with extensive technical content.
Simon joined chambers in 2005, having previously worked as a management consultant and professional musician. Simon is a modern languages graduate and has an excellent knowledge of French and Russian.
Simon has an extensive banking practice, regularly advising and appearing for banks and customers in County Court and High Court litigation. He has special expertise in the duties of banks under the Proceeds of Crime Act 2002. In 2008-9 Simon was instructed in a nine-figure High Court action in which a key issue was how the bank’s duties under POCA clash with its contractual duties to its customer.
Simon has experience of dealing with company voluntary arrangements and was recently instructed in a matter in which the major issue was whether a liability to complete a land conveyance that arose after the commencement of the CVA prevented the creditor from seeking specific performance of the contract for sale.
In addition, Simon is regularly instructed in respect of contractual disputes, credit agreements, guarantees and all matters concerning the sale and supply of goods. He has a particular expertise in matters of agency, including experience of cases in which it is argued that both a principal and an agent face a contractual liability.
He has a keen interest in disputes arising in a construction context and in cases with an extra-jurisdictional element.
In late 2009 Simon was led by Christopher Parker QC in a multi-million pound High Court claim for breach of a Share Purchase Agreement in which the Defendants (for whom Simon was acting) alleged that the SPA was induced by the claimants’ fraudulent misrepresentations. The action settled immediately prior to 15 day trial. Particular complexities of this case included (1) availability of rescission following affirmation of contract but prior to discovery of fraud (2) recovery of losses incurred by non-representees.
Simon has experience of claims involving issues of double recovery, policy construction, repudiation and non-disclosure. Simon has particular interest in claims featuring allegations of fraud, in which he is regularly instructed by insurers and policy holders alike. Simon has lectured extensively on notification, breach of warranty and misrepresentation/non-disclosure. Simon’s insurance work includes the prosecution and defence of subrogated high value property damage claims, with a particular interest in fire cases.
Simon is regularly instructed in actions for and against architects, solicitors, insurance brokers, surveyors, accountants and financial advisors. Recently he was instructed by CMS Cameron McKenna in respect of a dispute involving allegations of negligence and misappropriation of client funds by conveyancing solicitors.
Simon has particular interest and experience in the defence of negligence actions against financial advisers. He has been instructed in cases involving allegations of negligent failure to advise in respect of the risks of particular investments, and has particular expertise in the limitation issues that often arise in such cases.
Simon has advised and acted at the tribunal stage in proceedings brought by the ICAEW. Simon is able to tailor his advocacy style appropriately to achieve the best outcome in front of the professional tribunal. He takes a practical and strategic line in advising clients how to emerge from proceedings with the least possible impact to their reputation and bottom line.
Notable Cases
Rayden & Rayden v Edwardo & Tchenguiz [2009] EWHC 2895 –Multi-million pound for breach of Share purchase agreement; counterclaim for fraudulent misrepresentation inducing the SPA (led by Christopher Parker QC, instructed by Zaiwalla & Co) LTL 4/12/2009
Shah v HSBC [2009] 1 Lloyds Rep 328 - nine figure claim for defamation, breach of banking contract (led by Paul Downes, instructed by Edwards Angell Palmer Dodge LLP)
Wardington v JPC and Others [2008] TCC – multi million pound fire damage claim (led by Neil Moody instructed by Wragge & Company).
Fayrene Treadwell & ors v The Drifters UK Ltd & ors [2006] Ch – music industry, passing off. (instructed by McClure Naismith)
JH Fenner & Company v Welsh Development Agency [2005] QBD TCC. £72m claim alleging breach of contract in the construction of new factory premises (led by Michael Black QC, instructed by Rollitts)
Pearson v Gurney [2004] QBD TCC – property damage, representing Part 20 Defendant against whom the claim was discontinued shortly before trial (led by Neil Moody, instructed by Greenwoods)
“STAX litigation” – High Court group action for misselling of pension scheme [2004] Ch (instructed by CMS Cameron McKenna LLP)
Barnard v. Sappi Europe Ltd & Anor [2005] EWHC 2169 (QB) LTL 2/11/2005: Application by a defendant company to resile from a pleaded admission (Led by Howard Palmer QC instructed by Watmores)
Additional Information
Previous Positions:
- Management consultant at Accenture (1997-2002); Keyboardist with Morcheeba (pop group) on tours of Europe, North America (1998)
Awards:
- Harmsworth Entrance Exhibition, Middle Temple
- Diplock Scholar, Middle Temple
Languages:
- Russian and French
