Simon Pritchard

Simon has been involved with various commercial cases, both on his own and led. His experience includes high value fraud cases (both in the UK and in the Caribbean), professional negligence claim arising from the mis-selling of financial products (both vanilla and sophisticated) and professional negligence claims against surveyors.  

Simon’s recent experience includes representing a motor racing team in a Commercial Court dispute concerning car design and advising banks regarding the sales standards of financial products. Simon is currently involved in a commercial claim relating to the London riots in 2011.

Simon is experienced inin cases involving injunctions, including freezing and search injunctions, both for the Claimant and the Defendant. In addition, Simon has experience of appearing at committal hearings for contempt.

Professional Negligence

Simon has considerable experience of representing and advising clients in professional negligence disputes, in particular claims concerning surveyors’ negligence and allegations of mis-selling of financial products.

• Surgicraft v Paradigm Biodevices (High Court, 18 November 2010)
  Simon appeared for Paradigm Biodevices in the multi-million pound hearing on quantum.
• Arab Banking Corporation v AHAB and others and ABC Islamic Bank v AHAB and others
  Simon, led by Andrew Green QC, acted for a defendant to various claims, in a total sum in excess of US$200m, brought by various banks arising out of alleged derivatives trading by a partnership of which his client is a partner. The case involved issues of Saudi Arabian law.
• Rayden v Edwardo
  Simon, led by Ian Mill QC, acted for one of two Claimants in action against Vincent Tchenguiz and one of his companies. Issues included allegations of fraudulent misrepresentation. Settled during a trial in the Commercial Court in December 2009 before Christopher Clarke J.
• Ata v Bashir
  Simon acted for the Claimant in this ongoing dispute regarding foreign property investments.
• Lombard and others v Aslam and others (High Court (QB), 9 October 2009)
  Simon obtained a delivery-up injunction on a without notice basis.
• L v M
  Simon acted for the Defendant who was subject to a freezing injunction at various return dates.
• Re Bloomsbury International Ltd
  Simon acted for the defendant in this major fraud action arising out of the demise of the British Seafood Group, led by Robert Howe QC and Brian Kennelly.

Professional Negligence

• Kensington Mortgage Company Limited v Bank of Scotland Plc
  Simon represented the Defendant in a professional negligence dispute which settled just before trial.

Simon is co-author of a chapter on Financial Services Investigations in the Montgomery and Ormerod on Fraud, OUP (2008).

Professional Negligence

Article in November 2009 Professional Negligence Focus: "Why didn’t my solicitor tell me I was a foolish businessman?"

Financial Services & Regulation

Simon spent several months on secondment at the FSA and gained experience in both General Counsel Division and Enforcement Division. Since returning to practice, Simon has built upon the experience he gained at the FSA and regularly advises clients, including the FSA, the HMT, the Jersey Financial Services Commission and the British Virgin Islands Financial Services Commissions as well as both private companies and individual investors, in relation to various financial services matters, including collective investment schemes, applications for approvals, regulatory duties, sales standards, capital adequacy requirements, instruments qualifying for core tier 1 capital, enforcement proceedings, market abuse, insider dealing, the FSA’s conduct of business rules and levies imposed by the Pensions Protection Fund. Simon has advised and successfully assisted clients through the FSA’s process for approving individuals to perform controlled functions. In addition, Simon has advised several clients to bring complaints to the FOS and who are the subject of FOS complaints and he has advised the FSA and banks on matters relating to prudential rules and capital adequacy. Simon has also advised in relation to the changes of the financial services framework in the UK.

Outside of financial services, Simon has considerable experience of prosecuting and defending in disciplinary proceedings in relation to the teaching profession, the medical profession and individuals involved in sport. In addition, Simon has generally advised regulators and professionals generally regarding their duties and functions, including Ofgem and the Bar Council.

Simon acts both for and against regulatory bodies.

• (1) 7722656 Canada Inc (formerly carrying on business as Swift Trade Inc); (2) Peter Beck v Financial Services Authority (FS/2011/0017, FS/2011/0018, 23 January 2013)
  The Upper Tribunal upheld the FSA’s decision to impose a fine of £8m on Swift Trade for market abuse. The Tribunal found that the Applicant had committed market abuse by trading contracts for difference and that it sought to conceal the abusive trading from regulators. Furthermore, the Tribunal rejected the Applicants’ argument that the misconduct fell outside the statutory market abuse regime because Swift Trade were dealing in contract for differences and not trading directly in shares.  Tim Otty QC led Simon, acting for the FSA. 
• Thommes v Financial Services Authority (FS/2011/0022, 12 December 2012) [2012] All ER (D) 215 (Dec)
  The Upper Tribunal dismissed the Applicant’s challenge of the FSA’s decision notice prohibiting him from performing any controlled function involving the exercise of significant influence in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm. The Applicant, a former managing director of a mortgage broker, was found to have failed to establish adequate systems and controls to prevent financial crime and to have failed to ensure there were robust compliance procedures in place. In reaching its conclusion, the Tribunal rejected the Applicant’s argument that the FSA’s case had an evidential lacuna in relation to matters of competence and capability and that those issues could only be addressed through expert evidence. Simon acted for the FSA.
• Financial Services Authority v Visser and Fagbulu (Upper Tribunal, Tax & Chancery, decision awaited)
  Appeared for FSA at hearing of reference to Tribunal from FSA Decision Notice imposing substantial financial penalties and withdrawal of permissions on management of hedge fund (Mercurius). 
• R (BBA) v Financial Services Authority and Financial Ombudsman Service [2011] EWHC 999 (Admin)
  Acted for British Bankers’ Association in challenge to FSA’s Policy Statement on Payments Protection Insurance complaints handling and FOS decisions on PPI complaints.  Judgement addresses significant issues relating to role of the FSA Principles in consumer redress and in the wider regulatory framework. 
• General Medical Council’s Interim Orders Panel
  Simon has represented the GMC in various hearings concerning interim orders.
• General Teaching Council
  Simon regularly represents teachers before the disciplinary panel of the GTC and has acted in cases that have received attention from the national press.

• CRD3 Remuneration rules and existing agreements: an English perspective (with Emily Neill).  Butterworths Journal of International Banking & Financial Law (Vol 26 No3). 
• Simon is co-author of a chapter on Financial Services Investigations in the Montgomery and Ormerod on Fraud, OUP (2008).

Simon has developed a broad employment law practice, representing and advising clients in the employment tribunals and the EAT.  Simon’s experience encompasses unfair dismissal, redundancy, discrimination and whistle-blowing. Simon has also represented former employers and employees in the High Court in various disputes concerning theft of confidential information and he regularly advises on various aspects of employment law, including redundancies, dismissals, state immunity, TUPE and claims arising out of poor references.

Employment cases in which Simon has appeared include:

• Williamson v Nationwide
  Represents the respondent in this 4 day unfair dismissal and breach of contract claim.
• Wilkinson v Therapeutics UK Limited (Southampton Employment Tribunal, September 2010)
  13 day trial against a QC concerning allegations of whistle-blowing and race discrimination where the claimant has applied to re-open evidence in light of new evidence. Judgment awaited.
• Shah and Williams v GBST (2011)
  Simon represents the Respondent in two related cases concerning alleged gross misconduct in the context of misrepresentations made during the acquisition of a company.
• Atikinson v Serendipity (November 2010)
  Represented the claimant in this unfair dismissal dispute. The case settled on the first day of trial.
• Edwards v Swindon Borough Council (9 July 2010)
  A case concerning allegations of apparent bias against an Employment Judge.
• Adamson v Swansea University (23 February 2010)
  A case concerning arguments regarding the adequacy of Tribunal reasoning.
• Advised the claimant, led by Tom Croxford, in a substantial claim brought against a US law firm by a passed-over senior associate claiming discrimination on grounds of nationality and by reason of pregnancy.
• Simon is regularly instructed to appear at trials, pre-hearing reviews and case management conferences in Employment Tribunals throughout the UK.

Simon is a co-author of the second edition of Employee Competition (OUP), edited by Paul Golding QC and the new edition of Tolley’s Discrimination in Employment Handbook (LexisNexis).

As Junior Counsel to the Crown (‘C’ Panel), Simon regularly appears on behalf of Treasury Solicitors in variety of public law disputes. 

In addition, Simon’s practice includes domestic cases and claims in the European Court of Human Rights. Simon has advised in relation to potential judicial reviews under the public authorities in relation to the National Health Service (Pharmaceutical Services) Regulations 2005 and matters relating to the aviation industry.

Simon is a qualified volunteer representative for the Free Representation Unit and has advised and has successfully represented clients in a range of appeals, including claims for Criminal Injury Compensation, Incapacity Benefit and Disability Living Allowance.

Simon has advised on various matters concerning public law and human rights, including a consideration of proposed changes to the state pension system, the power to operate as a pharmacy and the vires of public bodies’ contracts. In addition, Simon has advised in a case concerning the preservation of a deceased partner’s sperm.

• R (on the application of Gurung) v Secretary of State for the Home Department [2012] EWHC 1629 (Admin) 
  Eady J rejected the Claimants’ argument that the Secretary of State’s policy regarding the settlement of adult dependants of former Gurkhas is flawed for uncertainty or fails to reflect its underlying purpose. Furthermore, Eady J rejected the argument that the policy had been applied irrationally to the four Claimants. Simon Pritchard for the Secretary of State.
• R (Rijen Pun) v SSHD
  Simon, led by James Eady QC, represents the Secretary of State in this case concerning the families and dependants of Gurkhas. 
• R (o.a.o. Jokosanya Sayeed) v the Independent Adjudicator and the Secretary of State for Justice
  Simon acted for the Secretary of State for Justice in this case concerning the Prison Rules.
• Lumsden v SSJ
  Simon acted for the Secretary of State for Justice in this case concerning prisoner categorisation. 
• Zontul v Greece
  Simon, led by Tim Otty QC, acts for the Claimant in this claim against Greece invoking Articles 3, 6, 13 and 14 of the ECHR.
• SSHD v AE
  Simon, led by Michael Fordham QC, intervened on behalf of Justice and Liberty in a case concerning a control order following the House of Lords’ decision in AF. AE was released from his control order before the matter proceeded to a hearing.  

As a pupil, Simon gained a broad range of experience in public law and human rights. This included:

• Risk Management Partners v London Borough of Brent [2008] EWHC 1094 (Admin) and [2008] EWHC 692 (Admin)
  A high-profile case concerning the legality of a local authority’s decision to insure with a Mutual insurer. The issues of the case included the scope of a local authority’s powers and the breadth of exemptions to public procurement rules. (Assisting Pupil Supervisor Javan Herberg QC).  The case is now in the Supreme Court.
• The Office of Communications v The Information Commissioner and T-Mobile (UK)
  An appeal under the Environment Information Regulations 2004 against the decision of the Information Commissioner requiring OFCOM to make available detailed information about mobile phone bases given to it by mobile network operators. (Assisting Pupil Supervisor Jane Collier)
• R (on the application of Cafer Dogan) v SSHD CO/2422/07
  Resisting an application for permission to judicially review the Secretary of State’s decision that the applicant’s submissions did not amount to a fresh claim. (Assisting Pupil Supervisor Jane Collier)
• MA (Palestinian Territories) v SSHD [2008] EWCA Civ 304
  Appeal to the Court of Appeal concerning the rights of a stateless person whom the Secretary of State wishes to return to his habitual place of residence although he is likely to be denied entrance to his place of residence.

Simon has advised as to the availability of insurance cover in financial services disputes, led by Barbara Dohmann QC.

As a pupil, Simon assisted Andrew Hunter in advising on various insurance and reinsurance matters, including both High Court disputes and arbitrations.

Simon regularly appears before the Tax and Chancery Chamber of the First-tier Tribunal in cases concerning EU law both on his own and led. More generally, Simon has worked with Kieron Beale, Thomas de la Mare and Monica Carss-Frisk QC on various cases concerning EU and Competition law.

• GB Seed Ltd v Revenue and Customs Commissioners [2012] UKFTT 343 (TC)
  Simon represented HMRC in this dispute concerning customs classification.
• Elnagy International Ltd v Revenue and Customs Commissioners First-tier Tribunal (Tax Chamber) [2012] UKFTT 269 (TC)
  Simon, led by Kieron Beale, represented HMRC in this dispute concerning out of time appeals.
• Unitrading and others v HMRC
  Simon, led by Kieron Beale, acts for the HMRC in this dispute concerning customs classification of garlic.
• Telefonica O2 UK Limited v Ofcom [2010] CAT 25
  Represented H3G (“Three”), led by Monica Carss-Frisk QC, in an appeal concerning the implementation of the Amended GSM Directive in relation to spectrum for 3G use.

Simon has acted in various claims involving media and entertainment clients. In particular, Simon has acted in cases concerning copyright in musical compositions, infringement of image rights, breach of privacy claims and breaches of management agreements.

Simon has represented and advised clients in a number of sports related disputes, including potential claims against local football associations and he has advised the FA, led by Adam Lewis QC. In addition, Simon has acted as prosecutor for the Rugby Football Union in disciplinary matters and represented a motor racing team in a Commercial Court dispute concerning car design.

• X v A Premiership Football Team (February 2010)
  Simon acted for a former employee of a premier football team who lost his job after the team changed its manager.
• Bolton Wanderers v Nicolas Anelka (High Court 2009)
  Simon, led by Nick de Marco, represented the Premier League football club in a large image rights case against Chelsea’s Anelka.

Simon received a scholarship from Lincoln’s Inn to spend time visiting the European Court of Human Rights, Strasbourg and the International Court of Justice, The Hague.

Prizes and Scholarships:

• Tancred Studentship (Lincoln’s Inn 2006/7)
• Hardwicke Scholar (Lincoln’s Inn 2006)
• Lord Bowen Scholarship (Lincoln’s Inn 2005/6)
• Gibbs Prize (Oxford University 2004) for finishing 1st in his year following finals 
• Turbutt Prize (Oxford University 2002)
• Megarry Scholarship (Pupillage award, Lincoln’s Inn)
• Buchanan Prize (Lincoln’s Inn)

Other work experience:

• Dorset Police 2001-2005 (various roles)

Publications:

• Montgomery and Ormerod on Fraud, OUP (2008)
• Second edition of Employee Competition (OUP), edited by Paul Golding QC
• Second edition of Tolley’s Discrimination in Employment Handbook (LexisNexis).
• The Innovator litigation: collective investment schemes and claims arising from a contravention of the general prohibition. Butterworths Journal of International Banking & Financial Law (Vol 27 No 8)
• Product intervention: the nuclear option. Butterworths Journal of International Banking & Financial Law (Vol 27 No 3)
• The obligation to disclose inside information: “The horror! The horror!”. Butterworths Journal of International Banking & Financial Law (Vol 26 No 9)
• CRD3 Remuneration rules and existing agreements: an English perspective (with Emily Neill).  Butterworths Journal of International Banking & Financial Law (Vol 26 No3).

Other Information:

VAT registration number:  922671035