ms@fountaincourt.co.uk
Mark Simpson QC
Call Date
1992
Silk date
2008
Practice Areas
Mark Simpson specialises in professional negligence and liability, insurance and general commercial work. He has been involved in some of the most significant cases of recent years. He is an experienced trial and appellate advocate who combines a down-to-earth and approachable style with sound academic credentials. He is happy to accept appointments to act as arbitrator.
The 2006 Legal 500 noted that he "really knows his stuff and is especially rated for solicitors' and auditors' defence", the 2007 that he has "huge enthusiasm for [professional liability] and is very knowledgeable" and the 2008 edition describes him as "extremely user-friendly." The 2007 edition of Chambers described him as “leading [Fountain Court’s] high quality juniors in [professional liability]” and the 2008 edition as “commended by solicitors for his extremely user-friendly approach and success rate in cases.”
Mark 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.
Education
MA (Oxon)
PGCE (Cantab)
Diploma in Law (City University)
Diploma in EC Law (KCL)
Professional Experience
In 2000 Mark acted for the Bar Council in the House of Lords in Hall v Simons, the landmark case on advocates' immunity. In 2001 he led for the respondent surveyor in the House of Lords in Farley v Skinner, which concerned the recoverability of damages for distress in professional contracts. In 2002 he led for the respondent Salaam in Dubai Aluminium v Salaam, in which the House of Lords considered the boundaries of vicarious liability for fraud and also contribution between wrongdoers. His other current or recent work includes the following:
Commercial litigation/advisory
- Advising five major sports teams on their contractual rights after the expiry of the umbrella commercial rights agreement regulating the sport.
- Advising a food company and its product liability insurers in relation to claims arising out of a substantial product recall caused by peanut contamination.
- Advising a food company and its product liability insurers in relation to multiple claims arising out of food recalls as a result of alleged contamination with the colourant Para Red .
- Acting for RSA in a £500,000 claim by building repair contractors for alleged underpayment under repair contracts.
- Acting for a public body to recover £2m from the estate of an allegedly fraudulent dental practitioner.
- 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 £750,000 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 breach of warranty, waiver/estoppel and fraud in relation to a £3m fire claim.
- Advising an insurance company on double insurance in the context of a £2m claim under a property damage policy.
- 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.
- Advising an insurance company on whether pensions misselling claims totalling £7m should be aggregated
- Advising on late notification, blanket notification and aggregation arising out of multiple professional indemnity insurance claims by financial advisers in relation to (i) loss of investments in split capital investment trusts and (ii) pensions misselling.
- Advising insurers on dishonesty issues arising out of a £20m professional indemnity insurance claim relating to an allegedly fraudulent underlying transaction.
- Advising an insurer on liability for multiple claims under household policies relating to the use of a binding authority by the broker.
- Acting for insurers in an arbitration on the issue of late notification of circumstances under a trustees' professional indemnity policy.
Professional liability
Auditors and accountants
- Acting for a commodity trading company in resisting the strikeout of a $100m claim against its auditors arising out of an alleged failure to detect fraudulent use of letters of credit in the international grain market. See Stone & Rolls v Moore Stephens below.
- Acting for a University in a £5m claim against the auditors of a subsidiary, arising out of employee fraud.
- Acting for a family company in a £1m claim against a top 10 firm of auditors arising out of employee fraud.
- Advising a top ten firm of auditors on a £2m claim relating to detection of employee fraud.
- Acting for a firm of solicitors in a £2m claim against their reporting accountants under the Solicitors' Accounts' Rules.
- Acting for a top ten firm of auditors in a claim relating to the valuation of shares in a private company. See Pearce v European Reinsurance below.
- 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 Ernst & Young in relation to the application to strike out a £2bn claim arising out of the audit of Equitable Life (with Mark Hapgood QC - see Equitable Life v Ernst & Young below).
- Acting for accountants in a £3m claim arising out of due diligence on a major PLC.
- Advising a firm of auditors on a potential £20m claim arising out of the collapse of a substantial Plc.
Solicitors
- 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 a firm of solicitors in a £1m claim for breach of fiduciary duty arising out of the conveyancing of commercial property.
- Acting for a substantial PLC in a £1m claim against a firm of solicitors arising out of non registration of a charge.
- Acting for the Williams and McLaren Formula One teams in a claim against two City firms of solicitors in relation to the drafting of an option agreement (with Ian Mill QC).
- Advising a firm of solicitors on alleged breach of confidence in relation to a bond issue.
- Advising a firm of solicitors on a £1m claim arising out of the alleged negligent failure to export a trust.
- Acting for a firm of solicitors in a £3m claim arising out of an alleged negligent failure to issue proceedings against the correct party.
- Acting for a firm of solicitors in a £3.5m claim arising from alleged negligent conduct of litigation.
- Advising a firm of solicitors on conflict issues arising from them acting for both insurer and insured under an insurance broker's professional indemnity policy.
- Acting for a firm of solicitors in a £500,000 claim arising out of an alleged negligent failure to secure development rights in a commercial property transaction.
- Advising a property development company in relation to a £40m claim against a firm of solicitors arising out of failure to secure an option.
- Advising a travel company on a potential claim against solicitors arising out of the failure to issue proceedings within the limitation period.
- Advising a firm of solicitors on a claim against them arising out of the alleged negligent conduct of judicial review proceedings.
- Various wasted costs applications
Barristers
- 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 barrister in a £40m claim in relation to advice as to the correct parties to a claim against a local council arising out of a refusal of planning permission (with Nigel Davis QC - see Green v Hancocks below).
Valuers
- 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 £5m claim arising out of the alleged overvaluation of a hotel, leisure complex and residential development.
- 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 valuers in a £2.5m claim arising out of valuations of various flats in a housing development in West London.
- Acting for a firm of valuers in a £750,000 claim arising out of the valuation of development land.
- Acting for valuers in an £11m claim arising out of a commercial mortgage valuation.
Insurance Brokers
- 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.
Financial advisers
- 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.
Trustees
- Acting for pension fund trustees in a £1m claim by the independent trustee relating to allegedly unequal treatment of beneficiaries.
Actuaries
- Advising a major firm of actuaries in relation to a multi-million pound claim for loss allegedly arising out of negligent failure to value the liabilities of the pension fund of a major PLC.
- Advising an insurance company on a recovery action against actuaries arising out of the valuation of a pension fund.
Architects
Advising a public body on a £2m claim arising out of the negligent construction of a nursing home.
Stockbrokers
Advising a company in relation to a claim against a nominated adviser arising out of a failed flotation on AIM.
Notable Cases
Stone & Rolls v Moore Stephens [2008] PNLR 4 - 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.