Call 2013
"Simon is an extraordinary barrister, wise beyond his years, with an unerring commitment to his cases. He seems to have an infinite capacity to produce flawless work and inspires the confidence of his leaders and clients. He will go far."
The Legal 500
Adam Collins
Team Leader
+44 (0)20 7842 3798
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Alfie Sweeney
Team Leader's Assistant
+44 (0)20 3873 6855
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Simon Paul has a broad commercial litigation and arbitration practice and has experience across the full range of Fountain Court’s practice areas.
He is ranked in The Legal 500 as a leading junior where he is described as “an extraordinary barrister, wise beyond his years” and “an absolutely first-rate junior”.
Simon acts both alone and as part of larger teams in heavy commercial trials/arbitrations. He has experience in substantial trials, is frequently instructed in appeals to the Court of Appeal, and has appeared as junior counsel in the Supreme Court. In 2023 alone, Simon has been instructed in four multi-day appeals in the Court of Appeal, covering the following practice areas: banking and finance, insurance, sanctions and privilege.
Simon has significant experience as sole advocate, and appears unled in a range of Courts and Tribunals. Simon frequently acts in cases involving injunctions, and has substantial experience in applying for and responding to freezing orders and related relief.
Many of Simon’s cases involve issues of foreign law and jurisdiction, and current and recent matters include cases raising UAE, Georgian, French, Russian, Italian 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 [2021] A.C. 649
Acting (with Ben Lynch KC 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.
Banca Intesa v Comune di Venezia [2022] EWHC 2586 (Comm); [2023] Bus LR 384
Appearing for the successful defendant, an Italian Municipal authority (“Venice”), in circa €125 million swaps dispute raising complex issues of capacity, private international law and restitution (with Raymond Cox KC and Marcus Field). Four-day appeal to Court of Appeal in October 2023.
PJSC National Bank Trust v Mints [2022] 1 WLR 3099; [2024] 2 W.L.R. 714
Acting for First to Fourth Defendants in circa US$850m dispute concerning alleged frauds in the context of refinancing transactions with formerly private Russian banks, giving rise to leading authority on impact of Russia sanctions regime on litigation. Four-day appeal to Court of Appeal concerning sanctions in July 2023 (with Laurence Rabinowitz KC and Niranjan Venkatesan). Four-day appeal to Court of Appeal concerning sanctions in July 2023 (with Laurence Rabinowitz KC and Niranjan Venkatesan). See here.
Dubai Aerospace Ltd & Ors v AIG SA & Ors
Acting for insurer in claim under war risks policy for circa US$750 million brought by lessors of aircraft operating in Russia at the time of invasion of Ukraine (with James Cutress KC). Listed for joint ‘mega trial’ with other lessor claims of combined value circa. US$4.5 billion.
Al Sadeq v Dechert & Ors; Quzmar v Dechert & Ors
Acting for claimants in claims against international law firm and current and former partners brought under UAE law arising out of investigation into alleged frauds in the Emirate of Ras Al-Khaimah, UAE (with John Brisby KC and Alastair Tomson). Judgment in Al Sadeq claim addressing novel privilege issues handed down by the Court of Appeal in January 2024 (see here) (with Tamara Oppenheimer KC).
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.
Dubai Aerospace Ltd & Ors v AIG SA & Ors
Acting for insurer in claims under aviation war risks policy brought by lessors of aircraft operating in Russia at the time of invasion of Ukraine.
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 KC).
Simon has obtained experience in a wide range of banking and finance matters.
Banca Intesa v Comune di Venezia [2022] EWHC 2586 (Comm); [2023] Bus LR 384
Appearing for the successful defendant, an Italian Municipal authority (“Venice”), in circa €125 million swaps dispute raising complex issues of capacity, private international law and restitution (with Raymond Cox KC and Marcus Field). Four-day appeal to Court of Appeal in October 2023.
PJSC National Bank Trust v Mints [2022] 1 W.L.R. 3099
Acting for Second and Third Defendants in circa US$850m dispute concerning refinancing transactions entered into with formerly private Russian banks (with Laurence Rabinowitz KC and Niranjan Venkatesan).
X v Y
Confidential arbitration addressing quantum issues arising out of corporate bond refinancing transaction (with Simon Colton KC).
JP Morgan "London Whale"
Instructed (with Richard Lissack KC 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 KC).
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, and he appeared in the leading authority at Court of Appeal level concerning dishonesty in civil fraud. 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 KC 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.
PJSC National Bank Trust v Mints [2022] 1 W.L.R. 3099
Acting for Second and Third Defendants in circa US$850m dispute concerning alleged frauds in the context of refinancing transactions with formerly private Russian banks (with Laurence Rabinowitz KC and Niranjan Venkatesan). Claims governed by Russian law.
Karam Al Sadeq/Jihad Quzmar v Dechert LLP & Ors
Instructed (with Edward Fitzgerald KC, John Brisby KC 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.
Mikadze v Dechert & Ors
Claim against international law firm and others brought under Georgian law concerning alleged misconduct in context of investigation into alleged frauds committed in Ras-Al-Khaimah (with Alastair Tomson).
Acting (with Charles Béar KC and Alexander Milner KC) 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 KC and John Brisby KC).
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 KC) 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 prosecution experience as a CPS Advocate Panel Member.
He is also a contributor to Lissack & Horlick on Bribery (Third Edition, 2020) (Chapter on Criminal Sentence and Regulatory Sanctions, with Robin Barclay KC).
Simon has considerable experience advising on issues concerning the UK sanctions relating to Russia.
Karam Al Sadeq/Jihad Quzmar v Dechert LLP & Ors
Instructed (with Edward Fitzgerald KC, John Brisby KC 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 KC). Judgment in Al Sadeq claim addressing novel privilege issues handed down by the Court of Appeal in January 2024 (see here) (with Tamara Oppenheimer KC).
PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm)
Appearing in four-day hearing in Commercial Court to address significant issues concerning the application of the Russia sanctions regime, including the ownership and control provisions, and the scope of the asset freeze restrictions as applied to two Russian state-owned banks (with Laurence Rabinowitz KC and Niranjan Venkatesan), giving rise to leading authority on impact of Russia sanctions regime on litigation, Four-day appeal to Court of Appeal in July 2023.
JP Morgan "London Whale"
Instructed (with Richard Lissack KC 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.
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 KC).
Instructed (with Richard Lissack KC 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 KC) 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 KC) 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 KC).
Advising and acting as sole counsel in multiple claims brought against shipbuilding group under parent company guarantees.
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.
Acting as sole counsel in claim in (inter alia) unjust enrichment and breach of confidence arising from M&M transaction in chilled and frozen foods sector.
Instructed as sole counsel by a firm of accountants in relation to a claim against a former client for breach of retainer.
Instructed as sole counsel in ongoing Chancery Division proceedings arising from sale and purchase of a French company (claims governed by French law).
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 KC) 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 post-judgment disclosure of worldwide assets.
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 KC) 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.
Banca Intesa v Comune di Venezia [2022] EWHC 2586 (Comm)
Appearing for the successful defendant, an Italian Municipal authority (“Venice”), in circa €125m swaps dispute raising complex issues of capacity, private international law and restitution (with Raymond Cox KC and Marcus Field).
PJSC National Bank Trust v Mints [2022] 1 W.L.R. 3099
Acting for Second and Third Defendants in circa US$850m dispute concerning complex corporate bond transactions entered into with formerly private Russian banks (with Laurence Rabinowitz KC and Niranjan Venkatesan).
JP Morgan London Whale
Instructed (with Richard Lissack KC and Farhaz Khan) in relation to an appeal to the Court of Appeal from a decision of the Upper Tribunal concerning identification under s.393 FSMA: [2018] EWCA Civ 71.
Simon acts in a wide range of insurance disputes, in both litigation and arbitration. Simon has been instructed in some of the most high-profile insurance disputes in recent years, including business interruption claims arising out of the Coronavirus pandemic (FCA Test Case and Various Eateries), and claims under war risks policies in respect of foreign owned aircraft located in Russia at the time of the invasion of Ukraine. Simon has been one of three editors of MacGllivray on Insurance Law since 2016, and regularly gives seminars to law firms about insurance law and related topics.
FCA Business Interruption Insurance test case [2021] A.C. 649
Acting (with Ben Lynch KC 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.
Various Eateries [2022] EWHC 2549 (Comm)
Acting (with Leigh-Ann Mulcahy KC) in appeal to Court of Appeal following consecutive trials (Stonegate and Greggs) addressing various business interruption coverage issues including aggregation in respect of COVID-19 related losses. Four-day appeal to Court of Appeal in November 2023.
Dubai Aerospace Ltd & Ors v AIG SA & Ors
Acting for insurer in claim under war risks policy for circa US$750m brought by lessors of aircraft operating in Russia at the time of invasion of Ukraine (with James Cutress KC). Listed for joint ‘mega trial’ with other lessor claims of combined value circa. US$4.5 billion.
Acting for policyholders in confidential arbitration concerning COVID-19 related losses (with Ben Lynch KC and Nathalie Koh).
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 in LCIA arbitration concerning claim under W&I insurance policy (with Ben Lynch KC).
Acting (with Akhil Shah KC) for insurer in Bermuda Form dispute.
Acting (with Akhil Shah KC) for insurer in confidential ICC insurance arbitration.
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 KC) the insured in relation to coverage issues arising out of excess public and products liability policy.
Simon frequently acts as sole counsel and as part of larger teams in international arbitrations under all of the major institutional rules and in related Court applications. He has recently appeared in two reported cases concerning the interrelationship between English seated international arbitrations and Commercial Court proceedings.
PJSC National Bank Trust v Mints [2022] 1 W.L.R. 3099
Acting for successful respondents in application to introduce findings made in parallel arbitration on grounds of issue estoppel, privity and abuse of process (with Laurence Rabinowitz KC and Niranjan Venkatesan), in context of circa US$850m dispute concerning alleged frauds on formerly private Russian banks.
CDE v NOP [2022] 4 W.L.R. 6
Acting (with Laurence Rabinowitz KC) for successful respondents in anonymised appeal to Court of Appeal concerning arbitral confidentiality and open justice.
A v B
Acting (with Charles Béar KC and Alexander Milner KC) 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 KC) 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.
X v Y
Acting (with Simon Colton KC) in confidential quantum arbitration arising from corporate bond refinancing transaction.
Acting (with Alastair Tomson) in claim seeking rescission of English law governed arbitration agreement on grounds of fraudulent misrepresentation.
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: [2023] EWHC 795 (KB) and [2024] EWCA Civ 28
Appearing (with Tamara Oppenheimer KC) 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. Appeal to Court of Appeal in November 2023, addressing issues of litigation privilege, legal advice privilege and the iniquity exception, with judgment handed down in January 2024 (see here).
Appearing (with Charles Béar KC) 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 KC).
Acting for defendant in claim arising from contamination at water treatment works.
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 KC) in a three-day hearing in the Solicitors Disciplinary Tribunal concerning the failed Axiom fund.
Instructed (with Stephen Moriarty KC) 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 KC) in a helicopter pilot’s negligence claim arising from engine overspeed.
PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm)
Appearing in leading case concerning interpretation of Russia (Sanctions) (EU Exit) Regulations 2019, addressing various issues arising from the sanctioning of a Russian state-owned bank in relation to ongoing civil proceedings, including issues of licensing, ownership and control and the lawfulness of the Court entering judgment in favour of a designated person. Four-day appeal to Court of Appeal in July 2023.
Acting/advising in claims involving interpretation of sanctions exclusions in insurance policies.
The trial of multi-billion dollar aviation insurance claims commenced today in the…
On 24 January 2024, the Court of Appeal handed down a significant…
On 16 January 2024, the Court of Appeal (Males LJ giving the…
Adam Collins
Team Leader
+44 (0)20 7842 3798
Click here to email
Alfie Sweeney
Team Leader's Assistant
+44 (0)20 3873 6855
Click here to email
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