Simon Pritchard

Called to Bar:
2007
Practice areas:
Degrees:
MChem (Oxon.) First Class, Diploma in Law (Oxford Brookes) Distinction, Bar Vocational Course (BPP, London) Outstanding

Simon is recommended in Chambers UK 2014.  In Financial Services he is reported to be “easy to deal with, responsive and knowledgeable.”  In the Employment field he is praised, “he's excellent in cross-examination and gets really good results for the clients.”

Professional Experience

Simon appears regularly in the Supreme Court, Court of Appeal, High Court, High Court, Tax and Chancery Chamber of the Upper Tribunal, Tax and Chancery Chamber of the First-tier Tribunal, county courts, employment tribunals, social security tribunals, the Competition Appeals Tribunal and before professional regulatory panels (including the RDC (part of the FCA), the interim orders panel of the General Medical Council, sports disciplinary panels including the disciplinary panel of the Rugby Football Union).

Appointments:

Junior Counsel to the Crown (‘C’ Panel).

Banking and Financial Services

Financial Services & Regulation

Simon spent several months on secondment at the FSA (now the FCA) 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 FCA, 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 variations of permission, 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 FCA’s conduct of business rules and levies imposed by the Pensions Protection Fund. Simon has advised and successfully assisted clients through the FCA’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 FCA 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.

Current and recent work

  • (1) 7722656 Canada Inc (formerly carrying on business as Swift Trade Inc); (2) Peter Beck v Financial Services Authority [2013] EWCA Civ 1662
    The Court of Appeal upheld the Upper Tribunal decision upholding the FSA’s decision to impose a fine of £8m on Swift Trade for market abuse. The Court of Appeal agreed that Swift Trade had committed market abuse by trading contracts for difference and that it sought to conceal the abusive trading from regulators. Furthermore, the Court of Appeal rejected Swift Trade’s 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 represented teachers before the disciplinary panel of the GTC and has acted in cases that have received attention from the national press.

Other relevant experience

  • 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) and a chapter on appealing to the Upper Tribunal in A Practitioner's Guide to Financial Services Investigations and Enforcement 3rd ed, Sweet & Maxwell.

Commercial

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 is currently involved in a commercial claim relating to the London riots in 2011. 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 experienced in 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.

Current and recent work

  • Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime Queen's Bench Division (Commercial Court) [2014] 1 All E.R. 422
    Simon appeared for three of the claimants in the claim relating to the riots.  
  • 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.

Other relevant experience

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?"

Employment

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.

Current and recent work

Employment cases in which Simon has appeared include:

  • Birch v Vacancy Management Company Ltd
    Represented the respondent in this 3 day unfair dismissal and breach of contract claim. 
  • Williamson v Nationwide
    Represented 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.
  • Shah and Williams v GBST (2011)
    Simon represented 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.

Other relevant experience

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).

Public Law and Human Rights

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.

Current and recent work

  • R (on the application of JS) v Secretary of State for Work and Pensions Queen's Bench Division (Administrative Court) [2013] EWHC 3350 (QB)
    Simon, led by James Eadie QC, represents the Secretary of State in this case concerning the benefit cap; now on appeal to the Supreme Court. 
  • Ryanair Ltd v Revenue and Customs Commissioners [2014] EWCA Civ 410
    Simon, led by James Eadie QC, represented HMRC in this case concerning Air Passenger Duty. 
  • 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.  

Insurance and Reinsurance

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

EU and Competition

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 Beal QC, Thomas de la Mare QC and Monica Carss-Frisk QC on various cases concerning EU and Competition law.

Current and recent work

  • Asda Stores Ltd v Revenue and Customs Commissioners Court of Appeal (Civil Division) [2014] EWCA Civ 317
    Simon, led by Kieron Beal QC, represented HMRC in this case concerning valuation of goods for customs purposes.  
  • Beko Plc (formerly Beko (UK) Ltd) v Revenue and Customs Commissioners [2014] UKFTT 60 (TC)
    Simon represented HMRC in this dispute concerning anti-dumping duties. 
  • Bladeroom Group Ltd v Revenue and Customs Commissioners [2013] UKFTT 574 (TC)
    Simon represented HMRC in this dispute concerning customs classification.  
  • 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 Beal, represented HMRC in this dispute concerning out of time appeals.
  • Unitrading and others v HMRC
    Simon, led by Kieron Beal, 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.

Media and Entertainment

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.

Sport

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.

Current and recent work

  • 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.

Other relevant experience

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