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Richard Evans
Team Leader
+44 (0)20 7842 3771
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Katie Palmer
Team Leader's Assistant
+44 (0)20 7842 3709
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Simon Paul practises in commercial litigation and arbitration and has experience across the full range of Fountain Court’s practice areas, including commercial crime.
Simon has significant experience as sole advocate, and has appeared unled in a range of Courts and Tribunals, including the High Court, Divisional Court, County Court, Magistrates Court and Crown Court. Simon frequently acts in cases involving injunctions, and has substantial experience in applying for and responding to freezing orders and related relief.
Simon frequently acts as part of larger teams in heavy commercial trials/arbitrations. He has experience in substantial trials, as well as significant appellate experience, having appeared as junior counsel in multiple appeals to the Court of Appeal, and also in the Supreme Court.
Many of Simon’s cases involve issues of foreign law and jurisdiction, and current and recent matters include cases raising UAE, French, Russian and Cyprus law issues.
Simon is one of three editors of MacGillivray on Insurance Law (since 2016), and a contributor to Lissack & Horlick on Bribery.
Simon combines a broad commercial litigation and arbitration practice with commercial crime work, and is appointed to the SFO’s Panel of External Counsel (Proceeds of Crime, Panel B), and also to the CPS Advocate Panel.
FCA Business Interruption Insurance test case
Acting (with Ben Lynch QC and Nathalie Koh) for the Hiscox Action Group in appeal to Supreme Court in landmark test case concerning whether policies respond to COVID-19 related losses.
CDE v NOP [2022] 4 W.L.R. 6
Acting (with Laurence Rabinowitz QC) for successful respondents in anonymised appeal to Court of Appeal concerning arbitral confidentiality and open justice.
Group Seven Ltd v Notable Services LLP [2020] 3 W.L.R. 1011 (CA)
Acting (with Jeffrey Chapman QC and Simon Atrill) for the successful appellants in the leading Court of Appeal case on dishonesty in civil fraud post-Ivey v Genting, and in an eight-week Chancery Division trial below, with claims in dishonest assistance, knowing receipt, conspiracy and deceit.
A v B
Appearing (with Charles Béar QC and Alexander Milner) in a confidential LCIA arbitration concerning an alleged fraud on a Russian bank, with quantum in the region of US$500 million, culminating in a five-week remote trial in August 2020.
Bribery investigation
Instructed in relation to a multi-jurisdictional bribery investigation by a large multi-national company, advising on cross-jurisdictional self-reporting issues (with Richard Lissack QC) (ongoing).
Instructed (with Sir Francis Jacobs) 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.
Substantial experience acting as sole counsel in relation to claims under Regulation 261/2004, the Montreal Convention, and in relation to airlines’ Conditions of Carriage.
Goddard v Etihad
Acting for an airline as the successful respondent in an appeal concerning whether pilot sickness is an extraordinary circumstance under Regulation 261/2004.
Acting for the claimant in a helicopter pilot’s negligence claim, arising from engine over-speed (with John Taylor QC).
Simon has obtained experience in a wide range of banking and finance matters.
JP Morgan "London Whale"
Instructed (with Richard Lissack QC and Farhaz Khan) to act for a former synthetic credit derivatives trader alleged to have mismarked the trading book in the context of circa. $9 billion trading losses, leading to US and UK regulatory and criminal proceedings.
Claims under the Consumer Credit Act 1974
Acting for a bank in a successful strike out application concerning the effect of the transitional provisions of the Consumer Credit Act 2006.
Substantial experience in PPI related claims, including issues of limitation and the FCA redress scheme.
Claims in relation to fraudulent payments
Advising and appearing in claims arising from fraudulent payments, including under the Payment Services Regulations 2009.
Three-month secondment in the Financial Markets and Commercial Disputes Group of Dentons UKMEA LLP, gaining wide experience in litigation concerning interest rate hedging products and other financial instruments.
Advising in relation to potential claims arising out of financing of luxury property portfolios (with Richard Lissack QC).
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. In recognition of his experience in civil fraud, Simon has been appointed to the SFO’s Panel of external counsel (Proceeds of Crime, Panel B).
Group Seven Litigation
Instructed (with Jeffrey Chapman QC and Simon Atrill) in claims in dishonest assistance, knowing receipt and conspiracy against multiple defendants (including a firm of solicitors and a Swiss bank) arising out of a €100 million fraud. Simon appeared for the successful claimants in 40-day Chancery Division trial ([2018] P.N.L.R. 6) and five-day appeal to the Court of Appeal ([2019] 3 W.L.R. 1011), a leading authority on dishonesty in civil fraud post-Ivey and vicarious liability in commercial fraud.
Karam Al Sadeq/Jihad Quzmar v Dechert LLP & Ors
Instructed (with Edward Fitzgerald QC, John Brisby QC and Alastair Tomson) for claimants in two claims under UAE law against Dechert LLP and current or former partners, arising out of investigation into alleged civil and criminal fraud in Ras Al-Khaimah.
Acting (with Charles Béar QC and Alexander Milner) in a confidential LCIA arbitration and related High Court proceedings, arising out of an alleged fraud on a Russian bank, with quantum of in the region of $500 million, culminating in a five-week remote trial in August 2020.
Acting for the defendants in a claim involving allegations of bribery / breach of fiduciary duty arising from the award of procurement contracts in the construction industry, including freezing and disclosure orders (with Charles Béar QC and John Brisby QC).
Instructed by the claimant as sole counsel in a claim in deceit and breach of fiduciary duty brought against a professional trustee in relation to misappropriation of trust assets, including an application for a freezing order.
Acting as sole counsel for claimant in international fraud claim against multiple defendants involving permission to serve out in three jurisdictions.
Acting as sole counsel for the defendant/respondent in tracing / knowing receipt claim arising from a £33 million fraud in respect of a film financing scheme.
Acting (with Robin Barclay QC) for the defendants in a multi-jurisdictional civil fraud claim arising out of an allegedly fraudulent peer-to-peer lending scheme, with related criminal proceedings.
Simon has significant experience in the field of commercial crime. He is appointed to the SFO Panel of Counsel (Proceeds of Crime, Panel B) and has general experience as a CPS Advocate Panel Member, prosecuting cases in both the Magistrates and Youth Courts.
He is also a contributor to Lissack & Horlick on Bribery (Third Edition, 2020) (Chapter on Criminal Sentence and Regulatory Sanctions, with Robin Barclay QC).
Karam Al Sadeq/Jihad Quzmar v Dechert LLP & Ors
Instructed (with Edward Fitzgerald QC, John Brisby QC and Alastair Tomson) for claimants in two claims under UAE law against Dechert LLP and current or former partners, arising out of their conduct of investigation into alleged criminal and civil frauds, and in related privilege issues arising in a global investigation context (with Tamara Oppenheimer QC).
JP Morgan "London Whale"
Instructed (with Richard Lissack QC and Farhaz Khan) to act for a former synthetic credit derivatives trader alleged to have mismarked the trading book in the context of circa. $9 billion trading losses leading to US and UK regulatory and criminal proceedings.
Instructed (with Richard Lissack QC) by a large multi-national in relation to an internal investigation and potential self-report concerning multi-jurisdictional bribery issues.
Instructed (with Richard Lissack QC and Eleanor Davison) in the successful defence of a corporate insurer in the first prosecution under s.56(2) Data Protection Act 1998, following a jury trial at Southwark Crown Court.
Instructed (with Richard Lissack QC) by the corporate defendant in a health and safety prosecution under s.33(1)(c) Health and Safety at Work Act 1974.
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 the claimant (with Derrick Dale QC) in a substantial claim in (inter alia) breach of confidence arising out of property development scheme.
Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371; [2018] B.L.R. 491
Acting for the successful respondent in the appeal to the Court of Appeal concerning UCTA 1977 in a claim arising out of the supply of a fire suppressant system (with Leigh-Ann Mulcahy QC).
Advising and acting in claims involving construction of guarantees (with James Cutress QC).
Instructed as sole counsel for the defendants in a 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 the defendant in Chancery Division proceedings involving claims and counterclaim arising out of a joint venture agreement in relation to sale and importation of textiles and related stock.
Instructed as sole counsel by a firm of accountants in relation to a claim against a former client for breach of retainer.
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 the respondent (with Charles Béar QC) in return date for application for freezing and disclosure orders arising out of a bribery claim, raising novel issues of the scope of the Norwich Pharmacal jurisdiction and ancillary disclosure orders.
Acting for the applicant (as sole counsel) in an application for a freezing order concerning claims in deceit and breach of fiduciary duty brought by a settlor of a trust against a professional trustee.
Acting for the applicant (as sole counsel) in an application for an interim injunction in a claim for breach of a financial broker’s exclusive agency agreement.
Acting for the respondent (as sole counsel) in an application for a worldwide freezing order/proprietary injunction and ancillary disclosure orders in a £33 million claim in relation to a film financing scheme. The application raised issues about the interaction between civil freezing jurisdiction and criminal confiscation orders.
Aquinas v Miller [2018] I.R.L.R. 518
Acting for the applicant (with Adam Tolley QC) in an application for an injunction to recover, erase and restrain the misuse of confidential information, including interim springboard relief, in a claim arising out of a scheme whereby employees set up a competitor company and diverted business opportunities during their employment.
JP Morgan London Whale
Instructed (with Richard Lissack QC and Farhaz Khan) in relation to an appeal from a decision of the Upper Tribunal concerning identification under s.393 FSMA.
Simon has been one of three editors of MacGllivray on Insurance Law since 2016. Simon regularly gives seminars to law firms about insurance law and related topics.
FCA Business Interruption Insurance test case
Acting (with Ben Lynch QC and Nathalie Koh) for the Hiscox Action Group in appeal to Supreme Court in landmark test case concerning whether policies respond to COVID-19 related losses.
Acting and advising the claimant in a claim under the Third Party (Rights Against Insurers) Act 2010, arising from a liability policy.
Instructed as sole counsel to advise an insured in relation to limitation and coverage issues arising out of a property insurance policy.
Advising in claims concerning COVID-19 related business interruption losses (as sole counsel).
Acting for policyholders in confidential arbitration concerning COVID-19 related losses (with Ben Lynch QC and Nathalie Koh).
Acting in dispute concerning W&I insurance policy (with Ben Lynch QC).
Acting (with Akhil Shah QC) in Bermuda Form dispute.
Instructed by a major airport in a claim against primary and excess layer insurers and a broker in a dispute arising out of the construction of a multi-story car park (with Nik Yeo and David Johnson).
Advising (with James Cutress QC) the insured in relation to coverage issues arising out of excess public and products liability policy.
CDE v NOP [2022] 4 W.L.R. 6
Acting (with Laurence Rabinowitz QC) for successful respondents in anonymised appeal to Court of Appeal concerning arbitral confidentiality and open justice.
A v B
Acting (with Charles Béar QC and Alexander Milner) in five-week remote LCIA arbitration in August 2020, concerning an alleged fraud on a Russian bank, with quantum in the region of $500 million.
X v Y
Acting (with Charles Béar QC) for the successful claimant in confidential LCIA arbitration claiming circa $190 million in a dispute arising out of agreements relating to the division of international assets.
Instructed (as sole counsel) for the successful defendants in an ad hoc international arbitration concerning a dispute about allegedly contaminated medical supplements, involving issues of illegality and misrepresentation.
Instructed (as sole counsel) to advise in relation to a potential LCIA arbitration concerning breach of a concession agreement, with quantum in the region of $250 million.
Simon frequently advises and acts in cases raising complex privilege issues.
Karam Al Sadeq v Dechert LLP & Ors
Appearing (with Tamara Oppenheimer QC) in two- day hearing in 2021 concerning various privilege issues (including a challenge under the crime-fraud/iniquity exception) in the context of an investigation into alleged criminal and civil fraud in Ras Al-Khaimah.
Appearing (with Charles Béar QC) in challenge to LAP/LiP under the crime-fraud/iniquity exception in confidential commercial arbitration.
Goodlife Foods Ltd v Hall Fire Protection Ltd[2018] EWCA Civ 1371; [2018] B.L.R. 491
Acting for the successful respondent in the appeal to the Court of Appeal concerning UCTA 1977 in a claim arising out of the supply of a fire suppressant system (with Leigh-Ann Mulcahy QC).
SRA v Naqvi [2020] EWHC 1394 (Admin); [2020] All ER (D) 10 (Jun)
Acting as sole counsel for the SRA as successful respondent to an appeal from a SDT decision striking off a solicitor, involving issues of entrapment.
SRA v Signey
Instructed by SRA (with Edward Levey) in a three-day hearing in the Solicitors Disciplinary Tribunal concerning the failed Axiom fund.
Instructed (with Stephen Moriarty QC) to advise a Magic Circle law firm concerning liability in professional negligence arising from a M&A transaction.
Acting (with Nik Yeo and David Johnson) for the claimant in an insurance broker’s negligence claim arising from alleged failure to notify claims.
Instructed (as sole counsel) to advise in a potential claim against conveyancing solicitors in relation to failure to disclose sub-sales to the lender during a mortgage application process.
Acting (with John Taylor QC) in a helicopter pilot’s negligence claim arising from engine overspeed.
On 11 April 2022, Foxton J handed down judgment in PJSC National…
Introduction Two recent appellate authorities – AA v BB [2021] 1 WLR…
This piece, produced by Tamara Oppenheimer QC and Simon Paul includes updates on…
Richard Evans
Team Leader
+44 (0)20 7842 3771
Click here to email
Katie Palmer
Team Leader's Assistant
+44 (0)20 7842 3709
Click here to email
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