Simon Edwards

Year of call:
1978
Email:
simon.edwards@39essex.com

Clerks:
+44 (0)20 7832 1111

“He hasn’t sat on the fence with anything, and all his advice has been absolutely spot-on.”
Chambers & Partners 2014

Simon Edwards has vast experience of all aspects of costs and litigation funding. He appears frequently in high level cases in the SCCO and advises on knotty retainer issues helping with the drafting and the problems that arise with changes in solicitors’ practices (conversion to LLP status, takeovers etc). Simon is also a member of the Court of Protection team, dealing with property and affairs matters. He appears in the Court of Protection, Chancery Division and County Courts dealing with issues relating to the property and affairs of those who lack mental capacity and is a regular contributor to the Elder Law Journal.Simon also has extensive experience of all aspects of personal injury work, including asbestos related claims, serious brain injury, complex loss of earnings claims for the self employed. Much of this work is for claimants, a significant proportion on a conditional fee basis. Commercial (or business) experience includes insurance (life, health and indemnity), property related work, insolvency and business disputes generally. Professional negligence work principally relates to solicitors but also includes clinical negligence. Simon is recommended by Chambers & Partners and The Legal 500 for Costs Litigation.

Costs & Litigation Funding


“He is a very bright chap.” “In a detailed assessment hearing, he proved very helpful and practical.” Chambers & Partners 2017

“He has a very professional attitude and shows very good attention to the technical issues of a case.” “He’s very experienced and knowledgeable, and is an empathetic barrister whose sensitivity is appreciated by lawyers and clients.” Chambers & Partners 2016

“A key name in this area.” Legal 500 2015

“He’s excellent. He has a lot of experience and is very sensible.” Chambers & Partners

Simon is a member of the costs team, having advised and spoken extensively on conditional fee and other costs issues. He appears frequently at the SCCO. He has assisted in the drafting of conditional fee agreements both individual (bespoke) and group (standard terms), including those for 39 Essex St. His extensive experience of litigation in many different fields equips him with an understanding of the varied occasions in which costs are actually incurred, ranging from common law through commercial and property to family. When acting for insolvency practitioners he has advised on the specialist costs considerations that arise in that field.

Court of Protection (Property & Affairs)


Simon works extensively in the Court of Protection, Chancery Division and the County Court in matters relating to the property and affairs of those who lack capacity. His recent cases have included matters concerning statutory wills, the running of a personal injury trust, the occupation of a property bought with a patient’s damages award, the recovery of overcharges made by a professional attorney, the recovery of sums taken without authorisation from a patient’s account, what to do when an executor loses capacity, nursing and care home fees, the appointment of deputies where there is a foreign element. He is also a regular contributor to the Elder Law Journal with recent articles about the changes to the costs regime in the Court of Protection and the erosion of testamentary freedom. He also reviewed Testamentary Capacity Law, Practice and Medicine.

Personal Injury


Simon has extensive experience of all aspects of personal injury work, including asbestos related claims, serious brain injury cases, complex loss of earnings claims for the self employed.  Much of this work is for claimants, a significant proportion on a conditional fee basis.  Since moving to 39 Essex Chambers in 2002, Simon’s practice has continued to develop. On the personal injury front he has acted for defendants in VWF cases, stress cases and accident cases. Recent cases include acting for a severely brain damaged child , one of the issues was  whether  compensation should be made through periodical payments or a lump sum and whether it should be indexed to average earnings or RPI.

Professional Liability


Simon principally deals with cases alleging negligence against solicitors as well as clinical negligence claims. Recent cases include a claim against solicitors arising out of a conveyancing transaction, undertaken on a conditional fee basis. The claim was against a company’s solicitors, which had failed to spot fraud on the part of the company’s directors. The claim was settled at a mediation for £1.3m.

Commercial


Simon undertakes a wide range of contract disputes including insurance claims (life, health and indemnity), property disputes and business disputes generally.  He has a particular interest in insolvency matters and increasingly accepts direct instructions from insolvency practitioners in respect of court hearings as well as advisory work. His particular specialisation is in cases when issues of insolvency and property rights intrude into matrimonial and quasi-matrimonial disputes; in these he acts for trustees in bankruptcy, mortgagees and for family members making third party claims over matrimonial assets.

Recommendations


Simon is recommended by Chambers & Partners and Legal 500 for Costs Litigation.

 

Related Cases


Personal Injury

Klik v Belcher

Khambhatia v Lewis

Two 2012 approvals of multi million pound settlements in severe brain injury cases.

McKenny & Anor v Foster (t/a Foster Partnership) (CA) [2008] EWCA Civ 173

A keeper of an animal was not strictly liable under the Animals Act 1971 s.2 for the damage done by the animal.

Al Gouri v Achkar and MIB (QBD) 21 November 2006

Severe brain injuries, questions over suitability of periodical payments.

Hall v Rimmer 2006 CC

Issue between experts whether whiplash had caused prolapsed disc.

Commercial Law including Property and Insolvency

Goldspan v Patel [2012] EWHC 1447

Liquidator’s claim to recover monies taken from the company on the grounds of dishonest assistance.

Kettell v Bloomfold [2012] EWHC 1422

Dispute between long leaseholders and freeholder over whether the freeholder could build a new block of flats on a car parking area.

Mansur Rahnema v (1) Shala Rahbari (2) Panthea Ansari; Panthea Ansari v (1) Dean & Dean Solicitors (a firm) (2) Mansur Rahnema (Ch D) 20 March 2008 Lawtel 2 April 2008

Where a property was held on trust in equal shares for two parties.

New v Munshi Investments 2008 EWHC 2807

Mortan Insurance v Singh 1 January 2008 EWHC 417

Sheen Lalani v Crump Holdings Ltd (Ch D) 22 January 2007 [2007] EWHC 47 (Ch)

The claimant, who for over nine years had occupied a flat bought by her father, had not made out her case that she was the true beneficial owner of the flat.

Dorotheum v GMBH & Co LTL 16 March 2006

Crow v Waters 1 January 2006 HC

Lease/licence of agricultural land.

Re Nunn (Ch D) 26 January 2004 (2004) 1 FLR 1123

The effect of insolvency on divorce orders.

Motours Limited v Euroball (QBD) 21 January 2003 [2003] EWHC 614 (QB)

Unfair contract terms in a business context.

Staines v Walsh 2003 EWHC 458

Should proceedings continue against a defendant resident in Thailand.

Inland Revenue v Fry LTL 30 November 2001

Was a claim by the Inland Revenue compromised.

BST v Reorg-Apport 2001 EWCA Civ 1997

Did a company have a defence to a winding up petition.

Bailey v HSS Alarms Ltd (CA) 22 March 2000 TLR 20/6/2000; Times 20th June 2000

Duty of care re reconomic loss.

Costs & Litigation Funding

Howes Percival LLP -V- Nicholas Page and Sarah Page [2013] EWHC 4104

A challenge based on alleged breach of the Contracts Made in a Consumer’s Home or Place of Work Regulations 2008.

Harcus Sinclair (a firm) Claimant -and- (1) Buttonwood Legal Capital Limited (2) Rylatt (a firm) (3) Alternative Real Estate Fund Limited (4) Roskill Advisors (Cayman) Limited Defendants 9 October 2013 [2013] EWHC 2974 (Ch)

A successful party wanted to get an order for costs against the unsuccessful party’s solicitors

David Wyld & Co v Dadourian [2011] EWHC 1517

Whether client could defend a solicitor’s claim to fees on grounds that the argument was an unenforceable CFA.

B v B [2010] EWHC 543

Whether Official Solicitor acting as litigation friend was entitled to his costs from the patient and if so on what basis.

AB & Others v MOD 1 January 2009 [2009] EWHC 1421

Costs in group litigation.

Nasser v United Bank of Kuwait (CA) 21 December 2001 [2001] EWCA Civ 1454; Lawtel 21/12/2001

Security for costs/human rights.

Probate

Beverley Lamothe v Ronald Lamothe & 8 ors (Ch D) 15 June 2006 [2006] EWHC 1387 (Ch)

Revocation of wills.

Common

Day v Royal College of Music HC11C00346 2012

Had Sir Malcolm Arnold’s manuscripts been given away either by himself or the Royal College of Music and what did his will mean.

CH v RN 2009 EWHC 640

Meaning of execution.

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates (QBD) 17 December 2007 [2007] EWHC 2989 (QB)

A firm of planning consultants owed no duty of care to ensure that conditions precedent to the grant of planning permission had been satisfied where its client had given no instructions to do so.

(1) Richard Kenneth Crow (2) Julian Crow V (1) Malcolm Waters (2) Sharon Ann Waters (3) Janet M Schofield (Ch D) 15 May 2007 Lawtel 30 May 2007

An agreement reached between the parties as to the use of land and a farmyard with sheds for peat extraction and storage was a licence for such a use of the property and was not a periodic business tenancy.

Reading v Ringway 2006

Contribution proceedings struck out for delay/principles to be applied.

 

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