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Simon Goldberg
Call 1999
Specialisms: Chancery, Business, Employment
Simon Goldberg CV
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Contact

Tel: 0191 232 1927


Email

s.goldberg@trinitychambers.co.uk

Simon Goldberg


SPECIALISMS 

BUSINESS AND PROPERTY LITIGATION

"A formidable opponent." "His approach to, knowledge of, and experience in complex matters is absolutely terrific." Chancery, Chambers & Partners 2020

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 Chancery and Queen’s Bench divisions of the High Court, and in arbitrations, often with an international dimension.

Simon is one of only a handful of local practitioners to be recognised nationally by the professional directories as a leading barrister in Business and Property work, where his intellectual ability and willingness to fight his clients’ corner is regularly praised. He was a member of the Attorney General’s Regional Panel of Counsel between 2007 and 2018, which has given him the opportunity to advise and represent central government departments in cases of complexity and sensitivity.

Simon’s principle areas of practice include:

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

RECENT CASES 

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. 

WHAT OTHERS SAY

Simon has for several years been recognised by the major directories as a leading junior in his principal practice areas. A selection of the most recent comments appear below:

"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

"A formidable opponent." "His approach to, knowledge of, and experience in complex matters is absolutely terrific." Chancery, Chambers & Partners 2020

"Experienced senior junior with the capacity to absorb and advise upon large volumes of information often in urgent circumstances." "He is a highly intelligent barrister who has the courage of his convictions." Commercial Dispute Resolution, Chambers & Partners 2020

"An excellent advocate who can think on his feet." Commercial, Banking, Insolvency & Chancery, Legal 500 2020

"Quick to grasp the issues and quick on his feet." Commercial Dispute Resolution, Chambers & Partners 2019

"He's very personable and extremely sharp. He cuts through everything and picks up on key points straight away." Commercial Dispute Resolution, Chambers & Partners 2019

"Respected commercial chancery practitioner on the North Eastern Circuit. He is frequently instructed in contract and partnership disputes as well as insolvency matters." Chancery, Chambers & Partners 2019

"He is an impressive court performer, who is not bombastic and will go to the nth degree for his client." Commercial Dispute Resolution, Chambers & Partners 2018

"He is as sharp as a razor and able to take on and get to grips with matters of significant complexity very quickly." Commercial Dispute Resolution, Chambers & Partners 2018

"Very sharp and excellent on his feet, he is a master advocate. He knows the case law and CPR inside out and he is always exceptionally well prepared." Chancery, Chambers & Partners 2018

“He is very sharp and succinct in his advice, a strong advocate and a good negotiator with a good client manner - the calibre you would expect of London counsel." Commercial Dispute Resolution, Chambers & Partners 2017

"He's technically superb, gets all the issues, never misses the detail and comes back very quickly with good, sound advice." Commercial Dispute Resolution, Chambers & Partners 2017

EMPLOYMENT

"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

"Very knowledgeable, very good at explaining the law and very good at putting witnesses at ease. He's also personable and incredibly easy to get on with." "He is very affable and has got a sharp mind." Employment, Chambers & Partners 2019.

Simon is usually instructed to advise and represent clients in employment disputes involving issues of significant factual or legal complexity and/or which are high value. Simon appears across the UK in the Employment Tribunal, the EAT and the High Court, often against Silks. 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. His principal practice areas include:

• Post termination restrictions
• Discrimination
• Equal pay
• Whistleblowing
• Trade Union rights
• Unfair dismissal
• Wrongful dismissal and breach of contract
• Post termination restrictions
• TUPE

RECENT CASES

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.

WHAT OTHERS SAY

"Simon is an excellent technical lawyer, a supreme advocate and possesses essential social skills to engage well with judges, clients and witnesses." "He is very commercial." Employment, Chambers & Partners 2020

"A model advocate and a first-class cross examiner." Employment, Legal 500 2020

"Very knowledgeable, very good at explaining the law and very good at putting witnesses at ease. He's also personable and incredibly easy to get on with." Employment, Chambers & Partners 2019

"He is very affable and has got a sharp mind." Employment, Chambers & Partners 2019

"A real expert with real gravitas, he's extremely experienced and very personable." Employment, Chambers & Partners 2018

"Simon is a strong advocate who quickly absorbs information and identifies the legal issues, readily highlighting the strengths and weaknesses of each case." Employment,
Chambers & Partners 2018

"Very knowledgeable on complex areas of employment law" Employment, Legal 500 2017

APPOINTMENTS

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 

  • North Eastern Circuit Commercial Bar Association
  • Chancery Bar Association
  • Employment Law Bar Association
  • Employment Law Association
  • Bar Pro Bono Unit

LECTURES & SEMINARS 

Regularly lectures to students, 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. Authorised to accept instructions under the Bar public access scheme.