Fountain Court Chambers

London & Singapore

Simon PaulCall Date: 2013

Simon practises in commercial and civil law, and has experience across the full range of Fountain Court’s practice areas (including business crime). He regularly appears in the County Court and High Court as sole advocate, has appeared as sole and junior counsel in the Magistrates Court and Crown Court, and has acted as junior counsel in several appeals to the Court of Appeal.

Simon’s recent work includes acting for the Claimants in Group Seven Ltd v Nasir & Ors [2017] EWHC 2466 (Ch); [2018] P.N.L.R. 6 (with Jeffrey Chapman QC and Simon Atrill), a 40 day trial involving claims against multiple defendants in dishonest assistance and knowing receipt arising from a €100m fraud (listed for a 5 day appeal to the Court of Appeal in 2019), and acting for the successful respondent in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371; [2018] B.L.R. 491, an appeal to the Court of Appeal concerning the scope of UCTA 1977 (with Leigh-Ann Mulcahy QC).

Simon is an editor of MacGillivray on Insurance Law.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Financial services
  • Fraud: civil
  • Insurance and reinsurance
  • International arbitration
  • Media, entertainment & sport
  • Professional discipline
  • Professional negligence
  • Administrative & public law
  • Aviation

Recent Practice

Simon is currently instructed in a wide range of matters across Chambers’ main areas of practice.

 

Banking and finance

Simon has obtained experience in a wide range of banking and finance matters Such work has included:

  • Instructed (with Richard Lissack QC and Farhaz Khan) in relation to JP Morgan “London Whale”, acting for former synthetic credit derivatives trader alleged to have mismarked the trading book in the context of circa. $9bn trading losses leading to US and UK regulatory and criminal proceedings.
  • Instructed as sole counsel in a wide range of banking claims, including:
  • Claims under the Consumer Credit Act 1974: Simon recently acted for a bank in a strike out application concerning the effect of the transitional provisions of the Consumer Credit Act 2006.
  • Claims in relation to fraudulent payments: Simon has advised and appeared in claims arising from fraudulent payments, including under the Payment Services Regulations 2009.
  • Three-month secondment in Financial Markets and Commercial Disputes Group of Dentons UKMEA LLP, gaining wide experience in litigation concerning interest rate hedging products and other financial instruments.
  • Instructed to advise in relation to potential claims arising out of financing of luxury property portfolios (with Richard Lissack QC).

 

Civil Fraud

Simon has experience in a variety of civil fraud matters as both sole and junior counsel, including claims involving allegations of deceit, dishonest assistance, knowing receipt, undue influence, bribery and breach of fiduciary duty. Simon’s civil fraud experience includes:

  • Instructed by the Claimants in Group Seven (with Jeffrey Chapman QC and Simon Atrill) for a 40 day trial in early 2017, involving claims in dishonest assistance, knowing receipt and conspiracy against multiple defendants (including a firm of solicitors and a bank) arising out of a €100m fraud. Listed for five day appeal in the Court of Appeal in 2019, covering law of dishonest assistance and vicarious liability. .
  • Acting for defendants in claim involving allegations of bribery/breach of fiduciary duty arising from award of procurement contracts in the construction industry, including freezing and disclosure orders (with Charles Béar QC and John Brisby QC).
  • Instructed by claimant as sole counsel in claim in deceit and breach of fiduciary duty brought against professional trustee in relation to misappropriation of trust assets. including application for freezing order.

Acting as sole counsel for defendant/respondent in tracing/knowing receipt claim arising from £33m fraud in respect of film financing scheme.

 

Commercial dispute resolution

Simon has experience in a wide range of commercial disputes, including advising on the interpretation of contractual provisions in a broad range of sectors, and acting in several matters involving allegations of breach of confidence.

  • Instructed by claimant (with Derrick Dale QC) in substantial claim in (inter alia) breach of confidence arising out of property development scheme.
  • Acting for the successful respondent in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371; [2018] B.L.R. 491, appeal to Court of Appeal concerning UCTA 1977 in claim arising out of supply of fire suppressant system (with Leigh-Ann Mulcahy QC).
  • Instructed as sole counsel for defendants in breach of confidence claim, including allegations of breaches of post-employment restrictive covenants/injunctive relief for alleged misuse of confidential information and trade secrets.

Acting as sole counsel for defendant in Chancery Division proceedings involving claims and counterclaim arising out of joint venture agreement in relation to sale and importation of textiles and related stock.

  • Instructed as sole counsel by firm of accountants in relation to claim against former client for breach of retainer.

 

Aviation

  • Regularly instructed as sole counsel in relation to claims under Regulation 261/2004, the Montreal Convention, and in relation to airlines’ Conditions of Carriage.
  • Successfully appeared for airline in Goddard v Etihad, an appeal concerning whether pilot sickness is an extraordinary circumstance under Regulation 261/2004.  
  • Acting for claimant in helicopter pilot’s negligence claim, arising from engine over-speed (with John Taylor QC).

 

Insurance

Simon is one of three editors of MacGllivray on Insurance Law having joined the editorial team in 2016. Simon regularly gives seminars to law-firms about insurance law and related topics. In addition, Simon’s experience includes:

  • Acting and advising claimant in claim under Third Party (Rights Against Insurers) Act 2010, arising from liability policy.
  • Instructed as sole counsel to advise insured in relation to limitation and coverage issues arising out of a property insurance policy.
  • Instructed by major airport in claim against primary and excess layer insurers and broker in dispute arising out of construction of multi-story car park (with Nik Yeo and David Johnson).
  • Assisting members of Chambers during pupillage in advising in relation to both Commercial Court and arbitration proceedings for insurers and insureds arising out of a number of different types of policy.
  • Advising (with James Cutress) insured in relation to coverage issues arising out of excess public and products liability policy.

 

Business Crime

  • Instructed (with Richard Lissack QC and Farhaz Khan) in relation to JP Morgan “London Whale”, acting for former synthetic credit derivatives trader alleged to have mismarked the trading book in the context of circa. $9bn trading losses leading to US and UK regulatory and criminal proceedings
  • Instructed (with Richard Lissack QC and Eleanor Davison) in successful defence of corporate insurer in first prosecution under s.56(2) Data Protection Act 1998 following jury trial at Southwark Crown Court.
  • Instructed (with Richard Lissack QC) by corporate defendant in health and safety prosecution under s.33(1)(c) Health and Safety at Work Act 1974.

 

Injunctions

Simon has experience, both led and as sole counsel, in applying for and responding to applications for interim injunctive relief, including freezing orders and springboard injunctions.

  • Acting for respondent (with Charles Béar QC) in return date for application for freezing and disclosure orders arising out of bribery claim, raising novel issues of the scope of the Norwich Pharmacal jurisdiction and ancillary disclosure orders.
  • Acting for applicant (as sole counsel) in application for freezing order concerning claims in deceit and breach of fiduciary duty brought by settlor of trust against professional trustee.
  • Acting for applicant (as sole counsel) in application for interim injunction in claim for breach of financial broker’s exclusive agency agreement.
  • Acting for respondent (as sole counsel) in application for worldwide freezing order/proprietary injunction and ancillary disclosure orders in £33m claim in relation to a film financing scheme; application raised issues about the interaction between civil freezing jurisdiction and criminal confiscation orders.
  • Acting for applicant (with Adam Tolley QC) in application for injunction to recover, erase and restrain the misuse of confidential information, including interim springboard relief, in claim arising out of scheme whereby employees set up a competitor company and diverted business opportunities during their employment.

 

Professional Discipline and Regulatory

  • Instructed in relation to JP Morgan London Whale (with Richard Lissack QC and Farhaz Khan), an appeal from a decision of the Upper Tribunal concerning identification under s.393 FSMA.
  • Instructed by SRA (with Edward Levey) in SRA v Signey, a 3-day hearing in the Solicitors Disciplinary Tribunal concerning the failed Axiom fund.

 

International Arbitration

  • Instructed (with Charles Béar QC) by claimant in Russian law LCIA arbitration claiming circa USD$190m in dispute arising out of agreements relating to division of international assets.
  • Instructed (as sole counsel) for defendants in ad hoc international arbitration concerning dispute about allegedly contaminated medical supplements, involving issues of illegality and misrepresentation.
  • During pupillage, Simon assisted members of Chambers in international commercial arbitrations under a variety of institutional rules, seated both in the UK and in other jurisdictions.

 

Professional Negligence

  • Acting (with Nik Yeo and David Johnson) for claimant in insurance broker’s negligence claim arising from alleged failure to notify claims.
  • Instructed (as sole counsel) to advise in potential claim against conveyancing solicitors in relation to failure to disclose sub-sales to lender during mortgage application process.
  • Acting (with John Taylor QC) in helicopter pilot’s negligence claim arising from engine overspeed.
  • Instructed to assist with document review in claim brought by a company in liquidation against its former accountants in relation to advice concerning an alleged fraudulent tax evasion scheme (assisting Mark Simpson QC and Niamh Cleary).

 

Administrative and Public Law

  • Instructed (with Sir Francis Jacobs QC) in two applications before the European Court of Human Rights against the Russian Federation (Articles 3, 5 and 6) arising from the imprisonment of airport staff following a terrorist incident at Domodedovo Airport in 2011.

Education

  • LLM, Harvard Law School
  • Bar Professional Training Course, Kaplan Law School, Very Competent (modules graded Outstanding included Advanced Civil, Civil Advocacy and Commercial)
  • GDL, BPP Law School, Distinction
  • MPhil, Political Thought and Intellectual History, Robinson College, Cambridge
  • BSc (Hons.), Philosophy, Logic & Scientific Method, London School of Economics & Political Science, First Class Honours

Scholarships & Prizes

  • Harvard Law School, Dean’s Scholar Prize, International Commercial Arbitration
  • Harvard Law School, Dean’s Scholar Prize, Global Law & Governance
  • Gray’s Inn, Mould Scholarship (Senior Scholarship for Pupillage)
  • Gray’s Inn, Bedingfield Scholarship
  • Gray’s Inn, CPE Award
  • Kaplan Law School, Marina Catovsky Scholarship
  • BPP Law School, Dean’s Scholarship
  • Winner of Gray’s Inn Moot Competition 2013/Richard Du Cann Prize for Excellence in Advocacy

Other Experience

  • Three month secondment in Financial Markets and Commercial Disputes Group of Dentons UKMEA LLP (October to December 2015).
  • Harvard Law School Prison Legal Assistant Project, Student Attorney. Provided advocacy to prison inmates in disciplinary hearings.
  • Jessup International Law Moot Court Competition 2014, Judge at International Rounds of public international law mooting competition, held in Washington DC.
  • Advisor at Bethnal Green Legal Advice Centre (October 2015 to October 2016).
  • Bar Pro Bono Unit, Panel Member.

Publications

  • MacGillivray on Insurance Law, Editor (since 1st Supplement to 13th Edition, 2016)
  • “Governing from the Margins: the European Court of Human Rights’ Margin of Appreciation Doctrine as a Tool of Global Governance”, Croatian Yearbook of European Law and Policy, Vol 12 (2016).
  • “Cross Examination by Multiple Counsel”, co-authored (with Henry King), Counsel Magazine, July 2015.

Languages

  • Turkish (advanced)
  • French (basic)