Ahmeds & 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.
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 of Trinity) 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.
X v Y 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.
