EXPERTISE

Business and Property 

Simon was appointed King’s Counsel in March 2022. He is one of only three specialist Business and Property silks on Circuit and has been described by a member of the senior judiciary as a "standard setter and standard bearer for the North-East."

Simon is head of Chambers’ Business and Property team and is well established as one of the region’s leading commercial litigators. He regularly appears in the Commercial Court, Circuit Commercial Court and the Business List as well as in the First Tier Tribunal and Upper Tribunal in respect of his Property work.

Simon has for many years been recognised nationally by the professional directories as a leading barrister in Business and Property work, where his intellectual ability and willingness to fight his client’s corner is regularly praised. 

Simon’s principal areas of practice include:

  • Contractual disputes
  • Commercial fraud
  • Directors’ duties (including director’s disqualification proceedings)
  • Shareholder disputes
  • Real Property
  • Contentious probate (including 1975 Act claims)
  • Partnership
  • Landlord & tenant (commercial and residential)
  • Insolvency (corporate and personal)
  • Professional negligence

Employment

Simon was appointed King's Counsel in March 2022. He is the first and only specialist employment silk based in the North-East.

Simon is usually instructed to advise and represent clients in employment disputes involving issues of significant factual or legal complexity and/or those with high value. Simon appears across the UK in the Employment Tribunal, the EAT and the High Court. He advises and represents employers and employees, and has over a number of years developed a particular expertise in employment litigation in the High Court including applications for urgent injunctive relief in the business protection context. His principal practice areas include:

  • Business Protection
  • Post termination restrictions
  • Discrimination
  • Equal pay
  • Whistleblowing

Local Government

Simon is often instructed by Local Authorities in matters involving his core practice areas, in particular in high value commercial contract disputes and in employment litigation. However, his commercial and Chancery background means he is also regularly instructed to advise and represent Local Authorities in the following areas:

  • Care funding
  • Court of Protection (property and affairs)
  • Procurement
  • Housing

APPOINTMENTS

  • Queen's (now King's) Counsel (2022)
  • Recorder (Crime, Civil & Chancery) (since 2018)
  • Attorney General’s Regional Panel of Counsel (2007 - 2018)
  • Chair of the Association of International Accountants Disciplinary Appeals Committee (since 2020)

MEMBERSHIPS 

  • Northern Business and Property Bar Association (executive committee member)
  • Chancery Bar Association
  • Property Bar Association
  • Employment Law Bar Association
  • Employment Lawyers Association

LECTURES & SEMINARS 

Regularly lectures to barristers, solicitors and other professionals on all aspects of Business and Property litigation and Employment law.

EDUCATION & AWARDS

  • BA in Jurisprudence: Trinity College, Oxford
  • Queen Mother’s Scholar, Harmsworth Scholar and Exhibitioner, Middle Temple

ADDITIONAL INFORMATION 

Lives in Gosforth, Newcastle upon Tyne. Educated RGS Newcastle. 

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Clerking team

Steve Walker

Lead Civil Clerk

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0191 245 9589

Civil & Criminal Silks' Clerk

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0113 3235 955

Lead Employment Clerk & Civil Clerk

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0191 300 9359

Clerk

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01642 247 569

Civil Clerk

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0191 245 9556

Direct Access Clerk

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01642 247 569
  • "He is a leader in his field." "Simon provides clear, practical and sound advice with a very prompt and efficient turnaround. He is a superb advocate and very highly respected." "He is a very impressive young silk and I think he is going to be quite a star in the North Eastern Circuit." "Simon has an incisive mind; he is a very gifted advocate, but also extremely good with clients"

    Chancery, Chambers & Partners 2024

  • "He's done superbly well; the judges respect him and he has been really outstanding"

    Employment, Chambers & Partners 2024

  • "Simon is a very good strategist and is good with clients." "Simon is astute, professional, thorough and realistic." "Bright technically and strategically superb"

    Commercial Dispute Resolution, Chambers & Partners 2024

  • "Simon combines fierce intelligence with a fearless advocacy style. He is the kind of representative you are delighted to have in your corner"

    Commercial Litigation, Legal 500 2024

  • "Simon is technically superb." "He is so clever." "He is really reassuring to the client."

    Commercial Dispute Resolution, Chambers UK 2023

  • "Simon's advocacy skills are first-rate. He also responds to all requests for advice promptly and with great clarity"

    Employment, Chambers UK 2023

  • "Well respected on circuit and utterly reliable"

    Chancery, Chambers UK 2023

  • "An incredibly bright Silk who provides clear and robust advice "

    Property and Construction, Legal 500 2023

  • "An outstanding practitioner in his field. He has the ear of tribunals and the complete trust of his lay and professional clients. A fierce advocate, but a calm adviser"

    Chancery, Probate and Tax, Legal 500 2023

  • "A top-quality barrister for complex matters. He is extremely good both technically and commercially, and is excellent with clients"

    Employment, Chambers & Partners 2022

  • "He is technically astute and great in court, with a good manner with clients"

    Chancery, Chambers & Partners 2022

  • "Simon Goldberg was very good at cutting through multiple issues to the key issues of the case - he knew what the judges would be interested in and narrowed the issues down to the most important matters." "Simon was approachable and user-friendly. He quickly identified the key issues in a complex multi-layered dispute"

    Commercial Dispute Resolution, Chambers & Partners 2022

  • "A standout performer. Very personable and supportive."

    Chancery, Legal 500 2022

  • "Simon is a stand-out performer. He quickly earns the respect of the tribunal by his sound judgement and excellent presentation, whether in writing or on his feet."

    Commercial, Legal 500 2022

  • "Simon quickly identifies the issues of relevance in a matter and ensures that is where the focus remains. He is very personable. He is formidable in court. He knows his stuff!"

    Chancery, Legal 500 2021

  • "Simon is very accomplished both on paper and on his feet and is very "user-friendly" with clients. His advice is always very clear and to the point and he is not afraid to be forthright and direct with clients when needed."

    Commercial Litigation, Legal 500 2021

  • "Excellent senior junior who heads the commercial group. His practice encompasses a wide scope of commercial and contractual disputes, including shareholder litigation and cases relating to directors' duties. His clients include local businesses and international corporations". "A skilled operator who is able to cut through to the key issues and focus minds. Personable and intelligent." "I can't rate him highly enough: he's really very pragmatic and commercial, cuts through peripheral issues and has a great eye for the commercial aspect of a case"

    Commercial Dispute Resolution, Chambers & Partners 2021

  • "Respected commercial chancery practitioner on the North Eastern Circuit. He is frequently instructed in contract and partnership disputes as well as insolvency matters. Goldberg is head of the business and property team at Trinity Chambers". “He is a very weighty advocate to have on your side - he is an opponent to be worried about"

    Chancery, Chambers & Partners 2021

  • "He has a perfect advocacy style that judges find attractive"

    Employment, Legal 500 2021

  • "Admired for his impressive level of experience representing respondents and claimants nationally in the Employment Tribunal, Employment Appeal Tribunal and High Court. He has a depth of industry knowledge across the employment sphere, and is experienced in such matters as discrimination, unfair dismissal and equal pay". “Strong commercial barrister who can be a hard-hitting opponent"

    Employment, Chambers & Partners 2021

  • "A formidable opponent." "His approach to, knowledge of, and experience in complex matters is absolutely terrific."

    Chancery, Chambers & Partners 2020

  • Papiss Demba Cisse v Sandra Diene & Madou Diene [2024] EWHC 1717 (Ch). Simon (leading Abigail Cheetham) represented the former Newcastle United football player in proceedings where the Manchester High Court set aside a Declaration of Trust which had provided sole beneficial ownership of two properties to Mr Cissé’s former agent on the basis of undue influence. The Second Defendant was ordered to provide an account of all transactions made from Mr Cissé’s bank accounts whilst acting as his agent due to his wilful default. The Defendants were further ordered to provide an account of rent and profits obtained from renting out a property, which the Court found to be owned by Mr Cissé.
  • Brown v Ridley and another [2024] UKUT 14 (LC). Simon represented the respondents to an appeal in which the President of the Upper Tribunal, Mr Justice Edwin Johnson considered one of the last unresolved issues of statutory construction arising from the “new” adverse possession regime under Schedule 6 to the Land Registration Act 2002, namely the period over which an applicant for adverse possession must reasonably believe that the application land belongs to them, for the purposes of paragraph 5(4)(c). Although the President held that he was bound by Court of Appeal authority to allow the appeal, he granted a “leapfrog” certificate to Mr and Mrs Ridley and in May 2024 the Supreme Court granted Mr and Mrs Ridley permission to appeal.
  • Canon Medical Systems Ltd v The Imaging Centre Mobile Ltd and others [2023] EWHC 3007 (Comm). Simon (leading Richard Stubbs) represented the defendants to a £250m claim for breach of a sale and leaseback agreement concerning mobile and relocatable CT and MRI scanners, the largest claim ever heard in the Newcastle Business and Property Courts. Simon successfully applied to strikeout of the majority of the claim (by value) in November 2022 and defeated the majority of the remaining claim at a 4-week trial.
  • Waste Managed Ltd v Marketing Position Ltd and others [2023] EWHC 1456 (KB). Simon (leading Mike Haywood) represented the successful defendants/respondents to an application for an interim injunction to restrain alleged misuse of confidential information in a claim for breach of confidence, breach of contract and conspiracy to cause loss by unlawful means.
  • Cairns & Moore v Committee of the Painshawfield Estate [2023] UKUT 119 (LC). Simon represented the successful respondents to an application to modify restrictive covenants contained in a deed of covenant covering an estate of over 300 properties which had existed for over 150 years.
  • Ahmed & Ors v Mukith & Ors [2022] EWHC 315 (Ch). Simon represented the successful Claimants in a dispute as to the ownership and control of the Shahjalal Mosque and Islamic Cultural Centre, a significant community asset in the west end of Newcastle. The judgment is a reminder of the importance of adhering to the strict terms of the constitution of an unincorporated association.
  • Charlton v Northumbrian Water Ltd [2022] UKUT 313 (LC). Simon represented the applicants in a case which determined the novel point as to whether a claim for compensation under paragraph 2(3) of Schedule 12 to the Water Industry Act 1991 required physical damage to land.
  • Smith v Goodwin [2021] UKUT 145 (LC). Simon was instructed by the Applicants who were seeking a discharge/modification of a restrictive covenant on a residential property plot in Wooler near the Scottish Borders. Following representations from both sides and a site inspection, the application for modification succeeded under ground (c) of section 84(1) of the Law of Property act 1925. Such modifications are relatively rarely granted by the Upper Tribunal.
  • Nazir v Jagota & Ors [2021] EWHC 2291 (Ch). Simon successfully represented four Defendants in a complex partnership dispute involving a declaration of a partnership interest in a multi million pound property portfolio. The claims against all Defendants were dismissed and an order for a six figure interim payment on account of the Defendants' costs was made.
  • McGill v Huang and others [2021] EWHC 908 (Ch). Simon represented the Claimant in this partnership dispute concerning the sale of advertising rights at English Premier League football grounds. The case raised interesting issues concerning a partner's duty to account for personal profits under section 29 of the Partnership Act 1890 and the approach the Court should take to the construction of an alleged agreement to release a partner from his fiduciary duties under section 29. An appeal to the Court of Appeal is pending.
  • Geo Houlton and Sons Ltd v Northern Powergrid [2020] EWHC 1973 (QB). Simon represented the successful Respondent, Northern Powergrid, in this appeal before Lavender J against a finding following trial that there had been no contractual relationship between the parties. Simon also represented Northern Powergrid in the Court below. The issues on appeal included the proper approach to the construction of a contract where there is a dispute about the identity of the parties to the contract.
  • Re Western Lake District Hotels Ltd (2020, High Court, Ch.D). Simon (leading Graham Bartlett) represented the successful party in an application to remove administrators appointed under a debenture. The main issue in the case was what was meant by the debenture holder’s security being “in jeopardy” – an issue not considered in the authorities since the turn of the 20th century - in the context of the Coronavirus pandemic
  • Taylor Goodchild Ltd v Taylor & Scott Taylor Law Ltd [2020] EWHC 2000 (Ch). Simon represented the Claimant in this strike out application before the Vice Chancellor, Snowden J, in which the Court considered the application of the principles of Henderson v Henderson abuse of process in the context of a s994 unfair prejudice petition.
  • Dowman Imports Ltd v 2Toobz Limited [2020] EWHC 291 (Comm): Simon represented successful claimant in case involving unjust enrichment and dismissal of counterclaims for damages for breach of contract. HHJ Russen QC reviewed the principles concerning claims for unjust enrichment based upon the provision of services in expectation of a contract which does not materialise, and the scope of the subjective devaluation defence.
  • Lawson v Executors of John Wheatley Todd deceased [2018] UKFTT 574: Simon acted for the successful respondents to an application to maintain a restriction in support of an alleged equitable interest in property said to arise under an express trust and/or the doctrine of proprietary estoppel. The case, which involved allegations of forgery and handwriting experts, was heard by the President of the Property Chamber.
  • Goodchild v Taylor and another [2018] EWHC 2946 (Ch): Simon acted for the successful Petitioner in a dispute between two law firm partners following findings of breaches of the Respondent Director's duties to act in the best interests of the company and to avoid conflicts of interests amounting to unfair prejudice to the other shareholder. The High Court ordered that rather than winding up the company, the unsuccessful Respondent sells his shares to the Petitioner at a fair valuation.
  • Personal Management Solutions Ltd & others v Brake Brothers Ltd & others [2018] EWCA Civ 1635:(Related case below) Successfully represented the respondents at appeal to determine whether a claimant, who had successfully obtained a judgment on liability, could "expand" its claim on an assessment of damages.
  • Dybedal v Maskell [2017] EWCA Civ. 2399: Simon represented the successful respondents in an appeal against dismissal of a claim to a right of way, which received local and national press attention.
  • Personal Management Solutions Ltd & others v Brakes Brothers Ltd & others [2017] EWHC 383 (QB): Simon acted for the successful claimants in a claim for injunctive relief, specific performance and damages against a company and one of its directors which arose from the taking of a confidential customer list.

  • Waste Managed Ltd v Marketing Position Ltd and others [2023] EWHC 1456 (KB). Simon (leading Mike Haywood) represented the successful defendants/respondents to an application for an interim injunction to restrain alleged misuse of confidential information in a claim for breach of confidence, breach of contract and conspiracy to cause loss by unlawful means.
  • Hilco Capital Ltd v Harrington [2022] EAT 156. Simon represented the respondent employee in this appeal concerning the adequacy of reasons given by the employment tribunal in making an award of over £250,000 to a whistleblower.
  • NGP Utilities Ltd v Ms A Dunnington (2020, EAT): Persuaded EAT to overturn ET decision that client should not be permitted to call further witness evidence concerning the Claimant’s previous dishonesty at a reconsideration hearing. EAT accepted submissions that ET had taken irrelevant factors into account, had failed to take relevant factors into account, and had failed property to apply the overriding objective. EAT also held that, notwithstanding Rule 41 of the Tribunal Rules of Procedure, the principles relating to admissibility of evidence in civil proceedings apply in ET proceedings.
  • Harrington v Hilco Capital Ltd (2020, ET): Simon represented the successful Claimant in this private sector equal pay claim valued at c£500,000, providing advice and representation from the outset of the claim, and taking the matter through a contested Stage 2 hearing to a final hearing of the Respondent’s material factor defence. The claim settled on the first day of the final hearing.
  • Meikle v BEL Engineering Ltd (2017, ET): Simon successfully resisted a claim for disability discrimination and unfair dismissal against a prominent local employer arising out of a collective redundancy exercise.
  • Hooper v Hilco Capital Limited (2017, ET): Simon successfully represented an employee in a whistleblowing claim following a 5-day hearing involving complex legal issues concerning whether the claimant had made public interest disclosures.
  • Nattrass v South Tyneside MBC (2016, ET): Simon represented a teacher in his claim for age and disability discrimination, which settled following his cross examination of the employer’s principal witness.
  • Durham County Council v Hall (2015, EAT): Simon successfully resisted an appeal against an ET award of £1.5 million in his client’s favour.
  • Newcastle City Council v Khan & others [2014] All ER (D) 21 (Apr); Simon represented the local authority in an appeal arising from a large-scale restructuring and redundancy exercise undertaken by the Council.
  • Emmanuel v (1) City & Hackney PCT (2) Secretary of State for Health (2011); 6 week test case to determine national GMF defence in NHS equal pay claims; Simon led Richard Stubbs of Trinity Chambers for claimants against team of silks and juniors for respondents.
  • Cable Realisations Ltd v GMB Northern [2010] IRLR 42; Simon successfully represented the union in resisting an appeal concerning the transferor’s duty to inform under TUPE where there is no duty of mandatory consultation; explicit approval by the EAT of Millet J’s judgment in IPCS v Secretary of State for Defence.

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