Simon is an acknowledged professional liabilities specialist. He has practised in construction and engineering litigation, professional liabilities, insurance coverage disputes and general commercial litigation disputes since 1998.
Initially, he specialised in construction and engineering disputes including bringing and defending claims against a wide range of construction professionals (architects, civil, structural, and geotechnical engineers and building and quantity surveyors) and advising insurers on related coverage matters. Since being called to the bar in 2017 Simon has broadened that liabilities expertise and now brings and defends claims across a range of professional disciplines including the construction, legal, insurance, financial and property sectors.
Linked to his core professional liability practice, Simon’s commercial litigation practice includes advising on banking and finance, partnership and franchise disputes and disputes arising from the sale of goods and manufacturing equipment often with a conflict of laws element.
Simon is a highly regarded advocate who regularly appears as sole counsel in the High Court conducting trials or interim applications. Simon combines a busy court-based diary with a thriving drafting and advisory practice. Irrespective of the complexity of the matter, Simon provides clear and straightforward practical and commercial advice, which is informed by his previous experience as a solicitor and former partner in a leading defendant professional negligence firm.
Recent highlights of Simon’s High Court advocacy and drafting practice include:
Acted unled for several large (generally) Far East based claimant groups advancing claims (total value over £10m) against several different firms of solicitors who acted for the claimants in the purchase of units in off-plan buyer funded mixed-use developments. Simon advised several of the claimant groups from inception, drafted the Particulars of Claim and other statements of case, and attended several interim hearings before a successful resolution of the claims. Simon conducted (unled) the lead claim (various separate claims were case managed together in the Manchester District Registry) which was listed for a 5-week trial in the Chancery Division of the Manchester District Registry.
Acting for a prominent city law firm defending a multi-party claim brought by claimants concerning building works connected to a Grade 11* property in central London.
Defended to a multi-day trial a claim advanced by residential homeowners against a building contractor which concerned allegations of defective workmanship and/or negligent design.
Acting for a firm of solicitors and defending at a multi-day trial allegations of professional negligence arising from the conduct of litigation concerning the renewal of a commercial lease.
Defending as sole counsel claims against an independent financial advisor (settled by leading counsel) concerning alleged breaches of fiduciary duty, breach of trust, fraud, and deceit in addition to alleged breaches of retainer.
Settled the Defence in a substantial claim brought by several claimants against an insurance broker. It was alleged that the broker failed to effect the relevant insurances for an industrial unit and stock that was subsequently destroyed by a fire.
Acting for several homeowners in claims brought against a national homebuilder alleging negligent design, defective workmanship, failures to comply with Building Regulations and NHBC codes of practice and breaches of the Defective Premises Act 1972.
Acted for a global insurer in a claim against its insured motor fleet operator concerning a dispute as to the basis on which the premia were to be calculated. Settled the evening before a 3-day trial was due to start.
Further details of Simon’s professional negligence and commercial practice can be found in the sections below.
Simon has many years of experience advising the leading insurers on claims concerning construction professionals (architects, engineers, project managers, quantity surveyors, geotechnical engineers, and design and build contractors). Simon has developed his professional liabilities expertise to advise on claims concerning legal, insurance, property and construction professionals and a summary of his experience is identified below.
Simon has significant experience of bringing and defending a wide variety of solicitor negligence claims including commercial and residential property transactions, alleged negligent conduct of litigation, failed transactions, claims in respect of multiple dwelling relief and defending alleged breaches of the GDPR, breach/invasion of privacy, negligence, misuse of private information and breach of confidence claims. Examples include:
Drafting Particulars of Claim and other statements of case and attending interim hearings in respect of several claims brought by (generally) Far East based claimants against several firms of solicitors who acted for the claimants in the purchase of residential units in an off-plan mixed-use residential development. Simon acted unled for numerous claimants in several separate proceedings which were together case managed in the Manchester District registry. One of the actions in which Simon was sole counsel for the claimants was listed for a 5-week trial (November 2021) in the Chancery Division of the Manchester District registry but that (and other claims) were resolved at mediation.
Acting for a firm of solicitors and defending at a multi-day trial allegations of professional negligence arising from the conduct of litigation concerning the renewal of a commercial lease.
Acting for a City firm in a complicated matter where the Claimant alleged negligence in respect of advice given concerning her status as a potential executrix of an estate (where the death occurred abroad but the death certificate could not readily be obtained) and her potential interest in the proceeds of litigation in which she asserted an equitable interest. Trial listed for later in 2022.
Advising generally concerning claims against solicitors in respect of commercial and residential property transactions, alleged negligent conduct of litigation and failed transactions.
Advised a firm of solicitors in respect of numerous claims made by former and existing clients regarding alleged breaches of GDPR, breach/invasion of privacy, negligence, misuse of private information and breach of confidence claims.
Advising on a potential claim against a barrister concerning the conduct of a multi-day trial regarding a claim by an individual against a bank and advising on related potential claims against the solicitors and other parties.
Settled the Defence in a substantial claim brought by several claimants against an insurance broker. It is alleged that the broker failed to effect the relevant insurances in respect of an industrial unit and stock that was subsequently destroyed by a fire.
Advising and settling Particulars of Claim in respect of claims brought under both Third Party (Rights Against Insurers) Act 2010 and the earlier 1930 Act.
Advising insurers on coverage matters including breach of warranty, misrepresentation, scope of notification, extent and application of cover and advising on and drafting declinature letters.
Advising policyholders in respect of denial of indemnity by insurers and acting in the subsequent litigation.
Simon’s practice includes advising both lenders and residential purchasers on claims against surveyors and defending such claims. In particular:
Advising a specialist lender on a claim (£1m+) against a commercial property surveyor concerning the valuation of a significant purpose-built student accommodation development.
Drafting pleadings, attending interim hearings, and conducting several trials in respect of claims brought against cavity wall surveyors and installers.
Defending and/or bringing claims against building surveyors in which it is alleged that the surveyor failed to identify defects in the buildings, Simon’s experience spans both residential and commercial units.
Prosecuting and defending claims against valuation surveyors.
Simon defends claims brought against managing and letting agents, including claims (and appeals) in both the First Tier Tribunal (Property Chamber) and Upper Tribunal (Property Chamber):
Defending in a two-day hearing in the FTT claims against the managing agent concerning the calculation and collection of maintenance charges and the application and/or validity of various section 20 notices and the operation of the Landlord and Tenant Act 1985.
Acted for the successful respondent management company in an appeal to the Upper Tribunal. The claim had a complicated background and involved many applications by the tenant to the First Tier Tribunal over a number of years: see Brett v Harlow Court Limited [2022] UKUT 52 (LC)
Drafting various defences in claims advanced against letting agents.
Simon's construction expertise spans claims both for and against construction professionals which is complemented by his experience of acting in non-insurance related construction matters. Simon's recent construction professional indemnity experience includes:
Represented a design and build contractor in a claim against its engineering sub-contractor regarding the negligent design of an academy school roof.
Acting for a quantity surveyor in two separate adjudications concerning interim valuations of two property developments. The claims arose on the administration of the contractor and it was alleged the interim valuations were negligently over-valued. Successful in both adjudications.
Instructed on a multi-party £10m+ claim concerning an allegedly defective rain-screen cladding system.
Advised and settled proceedings in respect of allegedly defective electrical installation work to an on-shore wind farm.
Represented insurers of a mixed-use development heavily damaged by fire in claims against the architect, engineer and design and build contractor.
Simon's non-professional liabilities construction experience includes:
Instructed to enforce or oppose enforcement of several adjudicator’s awards in the High Court in London, Leeds, Newcastle, and Manchester (including MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC)
Successfully represented the claimant in Part 8 declaratory relief proceedings regarding whether an individual entered into a construction contract in a representative rather than personal capacity. Maftoon t/a FM Construction Services v (1) Ahmed Sayed and (2) Lebaneat (Yarm) Limited [2020] EWHC 1801.
Acted for a regional contractor in a series of disputes with its groundwork sub-contractor across several projects, including advising on various adjudications; successful enforcement of an adjudicator’s award; defence of Part 8 proceedings; prosecution of separate Part 8 proceedings regarding declaratory relief as to whether a document was a valid ‘pay-less’ notice; and the defence of Part 7 proceedings involving the underlying dispute in the adjudication enforcement proceedings.
Represented residential homeowners in a multi-day trial defending a claim for wrongful termination of a building contract and a lost profits claim.
Acting for several homeowners in a claim brought against a national homebuilder alleging negligent design, defective workmanship, failures to comply with Building Regulations and NHBC codes of practice and breaches of the Defective Premises Act 1972.
Successfully opposing a security for costs application brought by RBS (led by Michael McLaren QC, Fountain Court Chambers) within the context of a LIBOR manipulation claim against the bank with a value of circa £650m.
Instructed to defend significant claims brought by a forex derivatives trader against a garment importer (led by Adam Tolley QC, Fountain Court Chambers).
Advised a firm of solicitors in a claim against RBS in respect of its Global Restructuring Group and settled the Particulars of Claim.
Advised a Czech based manufacturer of specialist farming equipment in respect of a multi-party claim in which jurisdiction issues arose.
Education:
1992 – 1995 University of Lancaster, Law and Economics (2:1)
1995 – 1996 College of Law, Legal Practice Course
1998 – admitted as a solicitor
2016 – Higher Rights of Audience (civil)
Member of:
Professional Negligence Bar Association
North Eastern Commercial Bar Association
North Eastern Circuit
The Society for Construction Law
TECBAR
ICO Data protection registration number: ZA236019. Simon Arnold is a barrister regulated by the Bar Standards Board. Click here to view Simon Arnold’s Privacy Notice.
“Hailsham is a strong set for professional negligence, with a large number of outstanding advocates”.
Legal 500, 2022
"Hailsham Chambers contains many of the most sought-after barristers at the London Bar."
Chambers UK, 2021
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