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Expertise
He has been appointed to the Attorney General's A Panel of Junior Counsel to the Crown having previously been a member of the B & C Panels. This means that he therefore represents and advises an extensive range of Government Departments and Agencies including the Ministry of Justice, the Home Office, the Prison Service, the Parole Board, UK Border Agency, the Foreign and Commonwealth Office, the Department for Work and Pensions and the Ministry of Defence.

He is currently, and has been on an on-going basis, instructed to act for the Foreign and Commonwealth Office in the very large scale Kenyan Emergency Group Litigation, in which more than 40,000 individuals have brought claims arising from their experiences during the ‘Mau Mau’ Emergency in the 1950s.

Simon has also regularly been instructed to intervene in proceedings on behalf of the Attorney General and the Queen’s Proctor. He has appeared on number of occasions in high profile matters both the High Court and the Court of Appeal, and he has on a number of occasions been instructed to act as the Advocate to the Court (Amicus Curiae) in range of human rights cases.

Over the past 10 years Simon has regularly acted as Counsel for the Queen’s Proctor in a range of complex cases.

His administrative and public law practice involves regular appearances in judicial review proceedings in the Upper Tribunal, High Court and Court of Appeal. Simon has strong human rights and judicial review experience, practising primarily in the areas of: human rights especially prison and parole (often involving Article 5), immigration & asylum (including EU law matters), environmental law (relating particularly to subsidies for renewable energy projects), police, education and general public law issues.

He has experience in safeguarding vulnerable groups matters before the First-tier Tribunal. He is also well-versed in Data Protection and Freedom of Information Act issues.

Simon also practices more generally in the fields of professional negligence, personal injury, employment and is regularly instructed in other common law matters. Simon acts for both claimant and defendant.

Simon is a highly versatile advocate with considerable court room experience. He has appeared in a wide range of courts, including all three divisions of the High Court, the county court (both on matters heard by a judge alone and with a jury), the crown court and various tribunals both at first instance and on appeal including the Employment Appeal Tribunal.

He has frequently appeared in the Court of Appeal both on his own and when led. Simon has also twice appeared in the Supreme Court acting for the Secretary of State for Justice.

He is equally comfortable as sole counsel (and he is regularly instructed to appear against both QCs and junior barristers) or as part of a larger team of barristers.

In employment law, Simon has considerable experience as an advocate in the employment tribunals and the EAT and has acted in, and advised on, cases involving the full range of employment law issues, including discrimination, whistle-blowing, and trade union matters.

Prior to 2009 Simon also appeared in a wide range of criminal matters including jury trials in the Crown Court, Courts Martial, trials in the Youth and Magistrates’ Court and in the Court of Appeal (Criminal Division). He therefore has a good understanding of the both the criminal justice and the civil justice system.

Simon also has wide experience of prison matters including disciplinary and parole board hearings. This experience of the criminal justice system provided him with a useful grounding and is put to use frequently, for example when he is instructed to act as a prosecutor for the Bar Standards Board in Bar Disciplinary Tribunal proceedings.

Simon has particular expertise in dealing with cases involving vexatious and difficult litigants in person. He has significant experience of the Civil Restraint Order scheme at all levels, and has acted for the Attorney General in obtaining Vexatious Litigant orders in the most serious cases.
Education
MA(Hons) (St Andrews)
Recent cases
R(Brooks) v Independent Adjudicator, Secretary of State for Justice Intervening [2016] EWCA Civ 1033

The Court of Appeal allowed the Secretary of State’s appeal in this leading case on the question of the nature of an allegedly unlawful act in terms of the Human Rights Act 1998. The court accepted the novel “Luther Point” – namely that the Governor in this context could do other than detain in accordance with primary legislation and thus there could be no unlawful act within the meaning of section 6 HRA and the declarations and award of damages were accordingly overturned. The court also accepted submissions from the SSJ that the detention did not amount to a violation of Article 5(1). Further, obiter, the court indicated that had the issue remained live, they would have found in favour of the SSJ on the submissions in relation to the “second actor” theory in public law, namely that this case was one of those there were the invalidity should take effect not ab intito but ex nunc, following a decision to quash in judicial review. Simon acted for the SSJ without a leader.

Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change [2016] EWCA Civ 117; [2016] B.L.R. 341

Court of Appeal (Civil Division); led by Michael Fordham QC. Environment, energy policy/Solar Panel subsidy scheme

An English Local Authority v X (A Child) [2015] EWFC 89

Family Court (Peter Jackson, J) Jurisdiction in Family Proceedings, acted as Advocate to the Court, instructed by the Solicitor General

R.(Zewdu) v Secretary of State for the Home Department [2015] EWHC 2148 (Admin)

Queen's Bench Division (Administrative Court),
Immigration, EU derivative rights of residence and damages, freedom of movement

R.(London Criminal Courts Solicitors' Association) v Lord Chancellor [2015] EWCA Civ 230; Court of Appeal (Civil Division) & High Court [2015] EWHC 295 (Admin); [2015] A.C.D. 95

Led by Martin Chamberlain QC

High profile JR Challenge to reform of criminal legal aid contracts by solicitors' groups.
Memberships

  • Junior Counsel to the Crown A Panel September 2016

  • Junior Counsel to the Crown B Panel March 2012

  • Junior Counsel to the Crown C Panel February 2006

  • Member of the Inner Temple Bar Liaison Committee since 2009 & member of the Inner Temple Library Committee

  • Pro Bono Prosecutor for the Bar Standards Board in Bar Disciplinary Tribunals

  • ALBA (Constitutional and Administrative Law Bar Association)

  • PNBA (Professional Negligence Bar Association)

  • PIBA (Personal Injury Bar Association)

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