ms@fountaincourt.co.uk
Mark Simpson QC
Call date
1992
Silk date
2008
Recommendations (Practitioners' Guides)
Mark Simpson QC has “an encyclopaedic knowledge of the law.” (Chambers UK 2010)
“Extremely bright, but down to earth and a real team player” (Chambers UK 2009)
Recent Practice
Mark’s current and recent work includes the following:
In professional liability:
- Acting for a top ten firm of auditors in defending a claim arising out of an alleged failure to detect employee fraud;
- Advising a City firm of solicitors in relation to an investigation by the Solicitors’ Regulation Authority;
- Acting for Stone & Rolls in a $100m claim against Moore Stephens arising out of an alleged failure to detect fradulent use of letters of credit;
- Acting for a firm of solicitors defending 200 claims arising out of lending in the sub prime market;
- Acting for a secondary lender in 250 claims against valuers arising out of alleged negligent valuation of domestic property;
- Acting for the defendants in Philips Pension Trustees v Bacon & Woodrow, a claim for very substantial loss allegedly arising out of negligent failure to value the liabilities of a pension fund.
In sport:
- Advising McLaren Racing in relation to their appearance before the World Motorsport Council following the events of the 2009 Australian Grand Prix;
- Advising the Grand Prix Manufacturers’ Association in relation to the Formula One Concorde Agreement;
- Advising a Formula One team on its driver agreements.
In competition:
- Acting for a major PLC in the “follow on” damages claims arising out of a Commission finding that the PLC and several others were involved in a cartel.
In insurance:
- Advising the administrators of a tour company in relation to rights under an insolvency insurance policy;
- Instructed to advise insurers of a firm of solicitors facing multiple claims arising out of film finance schemes;
- Advising an insurance company on breach of warranty, waiver/estoppel and fraud in relation to a fire claim;
- Advising the insurers of a firm of insurance brokers facing multiple claims arising out of the alleged fraudulent placing of insurance for film finance schemes;
In fraud:
- Acting for a UK University in a claim against the auditors of a subsidiary arising out of employee fraud;
- Acting for the partners of a solicitors’ firm in a claim against the SAR reporting accountant arising out of theft by one of the partners;
- Acting for a public body to recover substantial sums from the estate of an allegedly fraudulent dental practitioner;
In product liability:
- Advising several insurance companies on multiple product liability claims arising out of various product recalls caused by (i) peanut contamination and (ii) contamination with the colourant Para Red (iii) contamination with Sudan 1.
In commercial/advisory:
- Advising a big four accountant on the interpretation of a put and call option agreement in the context of a share valuation;
- Acting for a major private bank in defence of a claim by a member of the Saudi royal family arising out of alleged failures in managing a property holding company.
SCOPE OF PRACTICE
“has an encyclopaedic knowledge of the law” (Chambers Directory 2010)
“One of the best [new silks]” (Legal 500 2009)
Mark is an experienced trial and appellate advocate (who particularly enjoys cross examining awkward witnesses). He was one of the first of the 1992 intake to take silk. He is General Editor of Professional Negligence and Liability, a three volume 50-contributor loose-leaf which is the most comprehensive practitioner work in this area. Commercial Lawyer has described it as "an indispensable addition to the collection of any serious practitioner in the field". He co-writes the chapter on barristers’ negligence (with Spike Charlwood). He is also Associate Editor of Clerk & Lindsell on Torts (19th edn) and Associate Editor of Tottel's Professional Negligence.
Mark has appeared in all UK courts up to and including the House of Lords. His appearances there have included Hall v Simons, the landmark case on advocates' immunity, Farley v Skinner, which concerned the recoverability of damages for distress in professional contracts, Dubai Aluminium v Salaam, in which the House of Lords considered the boundaries of vicarious liability for fraud and most recently Stone & Rolls v Moore Stephens, which concerned the liability of auditors for alleged failure to detect fraud in the context of a “one man” company.
His other recent work has included:
Commercial litigation/advisory
- Advising a firm of financial advisers as to the potential judicial review of a decision of the Financial Services Ombudsman.
- Advising a hedge fund in relation to civil claims and potential complaints to the FSA arising out of the loss of its investment in a BVI company.
- Acting for Western Power in a claim arising out of allegations of trespass on private land. See Trustees of Stokes Pension Fund v Western Power below.
- Acting for a property development company in a £1m claim against the Metropolitan Police Authority and solicitors arising out of an ultra vires contract (see Salmon Harvester v Metropolitan Police below).
- Advising on judicial review and a complaint to the Legal Services Ombudsman in relation to the handling of a complaint to the Office for the Supervision of Solicitors.
- Advising on judicial review of a refusal by the JDS to stay in investigation pending the outcome of civil litigation against auditors (with Mark Hapgood QC and Tim Dutton QC - see R v Joint Disciplinary Tribunal exp Land below).
- Advising three European reinsurance companies on a £1m claim arising out of overpayments under various reinsurance contracts (with George Leggatt QC).
- Acting for an engineering firm in a third party damage claim arising out of the collapse of a crane.
- Advising an insurer on a £70m claim relating to the insurance of credit derivatives (with Mark Hapgood QC).
- Advising a racing team on a claim for breach of contract against their engine suppliers relating to a car intended for racing at Le Mans.
Insurance
- Advising an insurance company on policy coverage in relation to a £2m claim by a housing association arising out of a Court of Appeal decision against them on their entitlement to claim rent arrears from tenants.
- Advising an insurance company on breach of condition and non-disclosure in relation to multiple claims arising from an explosion at the insured’s premises.
- Advising an insurance company on multiple product liability claims arising out of food contamination.
- Advising an insurance company as to its potential liability under a professional indemnity policy for multiple claims arising out of a solicitor’s involvement in a “cashback” scheme in various states of the USA.
- Advising an insurance company as to their liability under a professional indemnity policy for consequential losses arising out of a psychotherapist having sexual relations with his patients.
- Advising an insurance company as to whether its policy or the prior year policy responded to a substantial claim against brokers arising out of placement of film finance policies.
- Acting for an insurance company in a £4m business interruption claim arising from a fire at the insured's premises. (with Tamara Opppenheimer)
- Advising an insurance company on breach of warranty and material non disclosure in relation to a number of claims arising under a professional indemnity policy for IFAs.
- Advising two insurance companies on whether film finance claims totalling £20m against accountants should be aggregated.
- Advising insurers on whether representations to a solicitor as to the indemnity to be provided under a solicitors' professional indemnity policy estopped them from refusing such indemnity.
- Advising insurers on refusal of indemnity for misrepresentation and non disclosure by a firm of financial advisers in an £8m claim arising from the loss of investments offshore.
- Advising insurers on refusal of indemnity for breach of warranty, misrepresentation and non disclosure for a £10m claim by contractors arising out of the collapse of substantial parts of a new property development.
Professional liability
- Acting for a major Singapore company in a potential claim against its auditors arising out of an alleged failure to detect management fraud.
- Acting for a top ten firm of auditors in a claim relating to the valuation of shares in a private company.
- Advising a major plc on a £1m claim against a "big four" auditor arising out of negligent failure to audit the stock of a US subsidiary.
- Advising a venture capital company in a £3m claim against two firms of auditors arising out of the purchase of a gas supply company.
- Acting for a firm of solicitors in a £20m claim arising out of allegedly negligent failure to register an option notice.
- Acting for a firm of solicitors in a £1.5m claim arising out of allegedly negligent advice on capital gains and inheritance tax planning on the disposal of a family company.
- Acting for the defendant solicitors in GMAC v Watson & Brown (leading Spike Charlwood, Paul Mitchell and Eva Ferguson) in 200 potential claims arising out of sub prime buy-to-let mortgage lending.
- Acting for the claimants in a claim for £20m arising out of alleged negligent drafting of documents relating to an option on land.
- Acting for a solicitor in a wasted costs application arising out of alleged improper allegations against a government department.
- Acting (with Michael McLaren QC) for a firm of solicitors in a £25m claim arising out of alleged failure to seek relevant information at the completion meeting of an MBO (see Finlan v Eyton Morris Winfield below).
- Acting for an insurance company in a £1m claim against a barrister in relation to advice as to whether to defend a claim under a personal accident policy.
- Acting for a barrister in a claim for alleged negligent settlement of personal injury proceedings.
- Acting for a secondary lender in 250 claims against valuers arising out of alleged negligent valuation of domestic properties.
- Acting for the defendant valuers (leading Katherine Watt) in Mathon v Morewood Ltd in a £4m claim arising out of the allegedly negligent valuation of a hotel and block of flats.
- Acting for a firm of valuers in a £4m claim arising out of multiple alleged overvaluations of a residential development and school.
- Acting for a firm of valuers in a £1.8m claim arising out of the valuation of a development site and two HMOs.
- Acting for a firm of insurance brokers in a £3m claim arising out of an alleged failure to disclose material facts to insurers, and an alleged failure to advise adequately on the level of cover required, in placing a commercial combined policy.
- Acting for a firm of brokers in a £750,000 claim arising out of an alleged failure to disclose material facts to insurers in placing a fire insurance risk.
- Acting for insurance brokers on a £1.5m claim relating to advice on fire insurance;
- Acting for insurance brokers in a £5m professional indemnity insurance claim arising out of alleged late notification.
- Acting for a firm of financial advisers in a £900,000 claim forming part of a group action arising out of the setting up of an offshore pension scheme.
- Acting for a firm of financial advisers on multiple pensions misselling claims.
- Acting for a firm of financial advisers on multiple claims arising from investments in split capital investment trusts.
- Advising an insurance company on a recovery action against actuaries arising out of the valuation of a pension fund.
Notable Cases
Williams v Lishman, Sidwell, Campbell & Price Ltd [2009] PNLR 34 – financial advisers – negligent pensions advice – ss14A and 32 Limitation Act 1980 – striking out
Stone & Rolls v Moore Stephens [2009] UKHL 39 - auditors - letter of credit fraud - negligence - illegality defence - striking out.
Finlan v Eyton Morris Winfield (a firm) [2007] 4 All ER 143 - equitable assignment of right of action - amendment to plead after expiry of limitation period.
Trustees of Stokes Pension Fund v Western Power [2005] 1 WLR 3595 - whether Calderbank offer to be treated as equivalent to a payment into court.
Pearce v European Reinsurance Consultants [2006] PNLR 142 - accountants - share valuation - whether claim to be struck out.
Salmon Harvester Properties v Metropolitan Police Authority [2004] EWHC 1159 (QB) - ultra vires contract for sale of property - whether precluding claim for misrepresentation.
Equitable Life v Ernst & Young [2003] 2 BCLC 603 (QBD Comm Ct) - auditors - negligence - whether £2.6bn claim to be struck out.
Dubai Aluminium v Salaam [2002] 3 WLR 1913 (HL) - partnership - vicarious liability - contribution.
R v Joint Disciplinary Tribunal exp Land [2002] EWHC 2086 (Admin) - auditors - disciplinary proceedings - whether stay to be granted.
Farley v Skinner [2001] 3 WLR 899 (HL) - surveyor - application of Watts v Morrow - distress damages recoverable.
Green v Hancocks [2001] Lloyd's Rep PN 212 (CA) - barrister - part 24 application - whether investigation of facts necessary.
Hall v Simons [2002] 1 AC 615 (HL) - barristers - advocates' immunity - whether justified by public policy.
Raiss v Palmano [2001] Lloyd's Rep PN 341 (QBD) - expert witness - immunity - whether false statement in report immune.
Senior v Pearson [2001] EWCA Civ 229 (CA) solicitors - limitation - whether new claim arising out of same facts.
UCB Corporate Services Ltd v Halifax (SW) Ltd - [1999] CPLR 691 (CA) - valuer - striking out - abuse of process.
Brick v Colleys Professional Services [1999] Lloyd's Rep PN 309 (CA) - valuer - striking out - no cause of action.
The Mortgage Corporation v Halifax (SW) Ltd [1999] Lloyd's Rep PN 159 (QBD) - valuer - alternative transaction - application of SAAMCO.
Brophy v Dunphys [1998] EGCS 37 (CA) - valuer - striking out - whether claim sufficiently pleaded.
S v M [1998] 3 FCR 665 (ChD) - barrister - wasted costs - procedure.
Publications
General Editor and Contributor: Professional Negligence and Liability (looseleaf, Informa/LLP).
"A true rival to Jackson & Powell…this is a must have book" (Professional Negligence Law Review). "An indispensable addition to the collection of any serious practitioner in the field" (Commercial Lawyer). "Extremely well written, easy to use, authoritative and up to date" (Tolleys Professional Negligence) "An extremely impressive publication." (New Law Journal).
Associate Editor: Clerk & Lindsell on Torts (19th edn, Sweet & Maxwell).
Associate Editor: Tottel's Professional Negligence.
Education
MA (Oxon)
Diploma in Law (City University)
Diploma in EC Law (King’s College London)
Memberships
Commercial Bar Association
Professional Negligence Bar Association
British Association for Sport and Law
Bar European Group
Languages
French (competent)
Interests
Working out more creative ways to mis-hit a golf ball;
Learning to surf (seriously, don’t laugh, my children do);
Wine (although I recently came last in a blind tasting, with a score worse than a random result).