Simon has substantial experience of the law of joint ownership and applications under the Trusts of Land etc Act 1996. His probate work includes testamentary capacity and family provision disputes.
Simon has recently obtained:
- an order determining the boundary on a substantial Grade I listed Cotswold estate in a position substantially different to that shown on the registered title plans.
- a satisfactory settlement for a family property company against a major housebuilder where he was able to put forward a powerful argument that the housebuilder’s notice purporting to exercise an option on a £3.5M plot was bad in law.
- an order for rectification of a commercial under-lease which failed to mirror certain terms of the head lease, where he was able to show the parties had intended otherwise. The application had been strenuously opposed by the landlord seeking to obtain commercial advantage from the discrepancy.
- Idnani v Elisha  RTR 488, CA (bailment)
- Hulme v Langford  50 P&CR 199, CA (statutory tenancy)
- Lynch v Sudjic  Times 18/5/87 (contractual illegality)
- Brinnand v Ewens  19 HLR 415, CA (proprietary estoppel)
- Barclays Bank v Kennedy  P&CR 221, CA (undue influence)
- Gore v Carpenter  60 P&CR 456 (severance of joint tenancies)
- Denetower v Toop  3 AER 661, CA (first refusal under Landlord & Tenant Act 1987)
- Hounslow BC v Hare  24 HLR 9 (right to buy and rectification of the register)
- Target v Clothier  25 HLR 48, CA (mortgage possession)
- Kay Green v Twinsectra  4 AER 546 (first refusal under Landlord & Tenant Act 1987)
- Abada v Gray  TLR 369 (payment into court)
- Twinsectra v Jones  2 EGLR 129 (first refusal under Landlord & Tenant Act 1987)
- Kincaid v Hartlepool BC LTL 5.12.00 (duty of care owed by occupier of beach)
- Newman v Folkes  PIQR Q2 upheld on appeal  EWCA Civ 591 (loss of earnings)
- Charles v NTL Group Ltd  EWCA Civ 2004 (Part 36 offers)
- Royal Bank of Scotland PLC v Victoria Street (No 3) Ltd  EWHC 579 (Ch) (commercial landlord and tenant: consent to assignment: summary judgment)
- Royal Bank of Scotland PLC v Victoria Street (No 3) Ltd  L & TR 17 (commercial landlord and tenant: consent to assignment)
- Lombard North Central PLC v Remax Harborne Ltd  L & TR 14 (commercial landlord and tenant: consent to assignment)
- Clarence House Ltd v National Westminster Bank PLC  3 All ER 175 (commercial landlord and tenant: virtual assignment)
- Sargespace Ltd v Azadian Property Ltd (2012) unreported (interpleader following a default judgment)
Simon’s decisions include:
- Wilkinson v Farmer  EWCA Civ 1148 (construction of width of right of way) (appeal in Court of Appeal)
- Khan v Khan  EWLandRA 2008_0837 (procedure where a party has been directed to commence court proceedings and the proceedings are struck out)
- Palace Gate Worldwide Ltd v Palacegate Agencies Ltd (2010) Rec 2009/007 (jurisdiction to alter the register in a rectification of a document application pursuant to s.108(2) Land Registration Act 2002)
- Quigley v Masterson  1 All ER 1224 (severance of a joint tenancy) (appeal in High Court)
- Burton v Walker  1 P&CR 9 (validity of lordship of the manor and alteration of the register against a registered proprietor) (appeal in Court of Appeal)