Simon Atrill
Call date
2005
Practice Areas
Simon has a broad commercial and civil practice in line with Chambers' profile. He is ranked as a leading Banking and Finance junior in Chambers and Partners 2009, according to which he “has begun to attract attention in the banking space with his quality work on the OFT bank charges and NatWest v Rabobank cases. Clients concur that he combines "a pragmatic and commercial approach with impressive drafting skills."
Summary of Practice
Simon has been involved in some of the largest scale commercial litigation in recent years. He acted for Barclays Bank (led by Iain Milligan QC and Andrew Mitchell) in the high-profile test case brought by the OFT against eight financial institutions in respect of the legality of current account charges. (Described as one of the top ten trials of 2008 in The Lawyer 14/1/08). Since then, he has been heavily involved in the litigation relating to the sale of payment protection insurance. He is also instructed (both as junior counsel and as sole counsel) in relation to a number of substantial ‘credit crunch’-related matters, both in relation to advisory work and in ongoing litigation. During 2006-08, he acted for Rabobank Nederland (in a team led by Ali Malek QC and including Jeffrey Chapman) in the interlocutory, trial and appellate stages of this international commercial litigation with a value of more than US$200m (Described as one of the top ten trials of 2006 in The Lawyer 9/1/06, see also The Lawyer 4/9/06). The Court of Appeal heard the appeal in October 2008.
Simon’s wider commercial practice has included instructions in relation to numerous large-scale commercial cases, including a substantial fraud claim involving multi-jurisdictional freezing orders (Intercontinental Bank v Akingbola, led by Michael Bloch QC), Bank of Tokyo-Mitsubishi AFJ v Ferrero Group and others [2009] EWHC 1276 (Ch) (appellate stage), a $1bn oil and gas dispute, a significant telecommunications dispute, a substantial reinsurance arbitration that settled immediately before trial, and several large insurance disputes.
Simon is frequently instructed in cases of varying sizes and degrees of complexity, both on his own and as part of a larger team. Since arriving in chambers, Simon has gained experience in a wide range of commercial and civil matters, including:
- Arbitration
- Aviation
- Banking and Financial Services
- Chancery
- Civil Fraud
- Commercial Litigation
- Company Law
- Conflicts of Law and Jurisdiction
- Contractual Disputes
- Employment
- Insurance and Reinsurance
- Professional Negligence
- Sale of Goods and International Trade
- Shipping and Commodities
- Sports Law
Education
BA Law, St Catharine's College, Cambridge (Double First)
BCL, St John's College, Oxford (Distinction)
LLM, University of Pennsylvania (Summa cum laude) (First Class equivalent)
BVC, Inns of Court School of Law (Very Competent)
Recent Practice
Banking & Finance
OFT v Barclays Bank and seven other financial institutions
[2009] EWCA Civ 116; [2009] 2 W.L.R. 1286
[2008] EWHC 2325 (Comm); [2009] 1 All E.R. (Comm) 717
[2008] EWHC 875 (Comm); [2008] 2 All E.R. (Comm) 625
Simon acted for Barclays Bank plc (led by Iain Milligan QC and Andrew Mitchell) in the high-profile test case brought by the OFT against eight financial institutions in respect of the legality of current account charges. That has included acting for Barclays Bank in relation to the various trials in the Commercial Court and the appellate stage, as well as in the mercantile and county courts.
Payment Protection Insurance (PPI) litigation
Acting for Barclays Bank plc in the High Court and county courts, and advising in relation to issues arising from claims relating to sale of PPI.
National Westminster Bank plc v Rabobank Nederland
[2007] EWHC 3163 (Comm); [2008] 1 All E.R. (Comm) 266; [2008] 1 Lloyd's Rep. 16
[2007] EWHC 1742 (Comm); [2008] 1 All E.R. (Comm) 243
[2007] EWHC 1056 (Comm);
[2006] EWHC 2959 (Comm); [2007] 1 All E.R. (Comm) 975
During 2006-07, Simon acted for Rabobank Nederland (in a team led by Ali Malek QC and including Jeffrey Chapman) in the interlocutory, trial and appellate stages of this international commercial litigation. Rabobank’s claims for misrepresentation (including fraud) and breach of fiduciary duty, amounting to more than US$200m, were tried in the Commercial Court before Colman J for twelve weeks in the autumn of 2006. (Described as one of the top ten trials of 2006 in The Lawyer 9/1/06, see also The Lawyer 4/9/06). The Court of Appeal is due to hear the appeal in October 2008.
ICB v Akingbola
Simon is presently acting (led by Michael Bloch QC) in relation to fraud-based claims in excess of £80m, with associated multi-jurisdictional freezing orders.
Bank of Tokyo-Mitsubishi AFJ v Ferrero Group and others [2009] EWHC 1276 (Ch)
Simon acted (led by Anthony Boswood QC) in relation to the appellate stage in this substantial case (86 Court days at trial), relating to claims based on conspiracy to injure by unlawful means.
Simon is frequently instructed on banking cases of varying sizes and degrees of complexity, recently including
- Advising (with Michael Brindle QC) in relation to a substantial ‘credit crunch’-related dispute
- Acting in relation to several multi-million dollar test cases in Hong Kong relating to alleged misselling of investments
- Acting for a prominent Middle Eastern company in relation to multiple claims in the High Court concerning various credit facilities (including jurisdictional and substantive issues)
- Acting for a high street bank in relation to a multi-million pound claim brought against it
- Advising in relation to multi-million pound claims against an investment advisor involving breaches of fiduciary duty and negligence
- Acting (with Richard Handyside QC) in relation to a multi-million pound arbitration
- Acting for a high street bank in relation to a negligence claim brought against it (2-day High Court trial pending, 2010)
- Acting for an American bank in relation to claims brought against it in the English High Court
- Acting in a claim brought by receivers of Heritable Bank plc after the credit crunch
- Acting for the Royal Bank of Scotland in relation to the recovery of losses arising from an alleged fraudulent moneylaundering scheme
- Acting for a customer in a claim against a major high street bank involving issues of misrepresentation, negligence and undue influence
- Advising a major high street bank in connection with compliance with a freezing order and ancillary orders
- Various claims in relation to the enforcement of loans and their security (in particular, mortgages and guarantees)
- Numerous cases involving Consumer Credit Act issues (including PPI and other products)
Arbitration
Simon was instructed throughout 2008 in relation to a reinsurance arbitration (led by Michael Crane QC and Marcus Smith) with a value of approximately $100m that settled shortly before the ten-week trial.
He was also instructed (with Richard Handyside QC) in relation to a substantial LCIA arbitration, and (with Bankim Thanki QC) in relation to the arbitration of an aviation law dispute, both of which settled shortly before trial.
Commercial Litigation/Contractual Disputes
National Westminster Bank plc v Rabobank Nederland;
OFT v Barclays Bank plc and seven others
Bank of Tokyo-Mitsubishi AFJ v Ferrero Group and others
ICB v Akingbola
See entries under Banking and Finance.
Acting (with Tim Howe QC and Nik Yeo) in relation to a $1bn oil and gas dispute.
Acting (with Anthony Boswood QC) in Internet Broadcasting Ltd v Managed Accounts Reports LLC [2009] 2 Lloyd's Rep. 295 (defending a claim for £6m arising from a dispute arising from an internet TV channel; case settled before CA hearing).
Instructed (with Michael Brindle QC) in relation to a claim for in excess of US$200m in the Cayman Islands
Acting in relation to a substantial contractual dispute worth several hundred thousand pounds relating to antique motorcycles (7-day High Court trial pending, 2010)
Obtaining injunctive relief in the High Court for a small business; advising in relation to freezing orders and other injunctive relief; acting (as appellant and respondent respectively) in several appeals in relation to decisions of High Court Masters.
Insurance and Reinsurance
Simon has extensive experience of insurance and reinsurance disputes of varying sizes and complexity, both on his own account and also as part of a counsel team. Simon was instructed throughout 2008 in relation to a very substantial reinsurance arbitration (led by Michael Crane QC and Marcus Smith), with a value of approximately $100m, that settled shortly before the ten-week trial in Spring 2009.
More generally, Simon is regularly instructed in connection with professional indemnity insurance disputes. In 2009 alone, he wasled in several multi-million pound disputes of that kind, in particular relating to professional indemnity insurers for solicitors (including the insurers of a leading City law firm; led by Stephen Rubin QC) and accountants (led by Patricia Robertson QC), as well as insurance disputes relating to coverage and non-disclosure; Simon is presently instructed in a multi-million pound claim raising issues of double insurance and coverage issues (led by Mark Simpson QC).
In addition to work in connection with such larger disputes, he is frequently involved as sole counsel in relation to smaller scale disputes, across a range of insurance products and for a range of insurers (including being regularly and frequently instructed by Barclays Bank plc in relation to certain retail insurance products), and both in the provision of advice and as an advocate.
Civil Fraud
National Westminster Bank plc v Rabobank Nederland;
ICB v Akingbola;
Bank of Tokyo-Mitsubishi AFJ v Ferrero Group and others [2009] EWHC 1276 (Ch)
See entries under Banking and Finance.
Conflict of Laws and Jurisdiction
Acting for a prominent Middle Eastern company in relation to multiple claims in relation to various credit facilities (including jurisdictional and substantive issues)
Instructed (with Michael Brindle QC) in relation to a telecommunications claim for in excess of US$200m in the Cayman Islands
Simon frequently advises in relation to questions relating to jurisdiction (including under the Judgments Regulation) and choice of law.
Professional Negligence
- Acting (with Richard Handyside QC) in relation to a multi-million pound arbitration
- Acting in relation to several multi-million dollar test cases in Hong Kong relating to alleged misselling of investments
- Advising (with Patricia Robertson QC) in relation to a substantial accountant’s professional negligence case
- Advising in relation to multi-million pound claims against an investment advisor involving breaches of fiduciary duty and negligence
Publications
Civil Procedure:
- Legal Privilege and Mandatory Disclosure under the Proceeds of Crime Act 2002 [2005] LMCLQ (co-authored with Alex Barden)
International Commercial Litigation/Conflict of Laws:
- Sole Author, UK Government / Dept of Constitutional Affairs Summary of English Conflict of Laws rules for EU Project: http://ec.europa.eu/civiljustice/applicable_law/applicable_law_gen_en.htm
- "Choice of Law in Contract: The missing Pieces of the Article 4 Jigsaw?" (2004) 54 International and Comparative Law Quarterly 559
- "The Enforcement of Foreign Judgments in Canada" (2004) 63 Cambridge Law Journal 574
- Book review: Aidrian Briggs', The Conflict of Laws [2004] LMCLQ 265
Regulatory / Public Law / Human Rights:
- "The Right to Property" in Grosz, Beatson and Duffy on the Human Rights Act 1998 (2nd ed. 2006 Sweet & Maxwell)
- "The End of Estoppel in Public Law?" (2003) 62 Cambridge Law Journal 3
- "Keeping the Executive in the Picture: a reply to Professor Leigh" [2003] Public Law 41
- "Who is the 'fair-minded and informed observer'? Bias after Magill" (2003) 62 Cambridge Law Journal 272
- "Nulla Poena Sine Lege in Comparative Perspective: Retrospectivity under the ECHR and US Constitution." [2005] Public Law 107
- Book review: Conor Gearty, Principles of Human Rights Adjudication (2005) 64 Cambridge Law Journal
Other Experience
Supervisor in Conflict of Laws and Administrative Law, University of Cambridge (2004-05)
Internship with Jamaican Council for Human Rights, Kingston, Jamaica (working on Death Row appeals to the Privy Council) (June - September 2000)
Languages
Working knowledge of French and Spanish