Simon Hill

  • Year of Call 2001

Introduction

Simon has extensive experience in a wide range of insolvency, property, commercial and chancery disputes. His key areas of expertise are bankruptcy, liquidation, directors' duties, property and contractual matters. He also undertakes business rates cases.

Simon regularly appears in the Business and Property Courts, typically in the Companies and Insolvency List, where he has an established practice representing companies, creditors, debtors, directors, office holders in various business and company law related matters.

Simon has published 120 articles and bulletins on personal/corporate insolvency, property, company, taxation, civil procedure and mortgages, amongst other topics. These are listed on his Publications page. Further, he has been in 17 reported cases, listed on his Notable Cases page.

Simon achieved a first class degree in law from Cambridge University and is a scholar of St John's College, Cambridge University.

Simon serves as Treasurer of 33 Bedford Row and Head of Insolvency.

Further information about Simon's practice can be found: (1) when viewing this page on a computer, under 'About' in the left hand column; or (2) when viewing on a mobile, below.

Personal Insolvency

Simon regularly advises and represents clients on personal insolvency issues. Simon's clients are creditors, debtors, bankrupts (undischarged and discharged), as well as office holders. 

Simon advises and represents clients across the full range of insolvency procedures and regimes, for instance, in respect to: (1) statutory demands; (2) applications to set aside statutory demands; (3) bankruptcy petitions; (4) challenges to office holder's decisions; through to (5) issues about discharge from bankruptcy and release from debts. 

He can also advise on office holder powers during the currency of the insolvency, for example, in respect to antecedent voidable transactions, whether: (1) transactions at an undervalue; (2) preferences; (3)  transactions to defraud creditors; and (4) extortionate credit bargains.

Demonstrating Simon's depth of knowledge in this area, he has written widely on personal insolvency on a myriad of topics, from the grounds for opposing a bankruptcy order, to office holder powers, to the bankrupt's release from most bankruptcy debts. See his Publications page for the full list.

Company & Partnership

Simon represents and advises clients on directors' duties, shareholders' rights, company borrowing, debentures and charges over company assets, along with corporate rescue and insolvency matters.  

Recent cases have involved:

As a director and former business owner himself, he understands the needs and demands on a business at a practical level.

Corporate Insolvency

Simon has a strong corporate insolvency practice. He is regularly instructed on significant and complex matters. Recent cases Simon has advised/represented on, include:

Simon has written many articles on corporate insolvency and has appeared in: 

Lannagan & Pearson (Joint Liquidators) v Kean, Kean and Wensum Limited [2019] Lexis Citation 358 (HHJ Pearce sitting as a Judge of the High Court): 6 day trial involving claims of unlawful preference, transaction to defraud creditors; transaction at an undervalue; misfeasance/breach of directors duties in relation to £1.4m of company property.

Re Finch (UK) Plc [2015] All ER (D) 96; [2016] BCLC 394 (HHJ Hodge QC sitting as Deputy High Court Judge) Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference.

Taylor (Liquidator) v Ziya [2012] BPIR 1283 (Registrar Derrett): Liquidator's claim against director for preference payment received; issue over desire to produce preferential position.

Property

Simon has a strong practice advising and representing clients in real property and landlord and tenant disputes. He has recently advised on the following matters:

Commercial

Simon advises on all aspects of commercial law, advising owners of small and medium sized businesses. For instance, Simon is able to provide advice and attend Court in respect to the following matters: 

Recent subject matters have included trawlers, construction machinery, cars and jacuzzis. 

Much of Simon's work involves distressed loans and issues surrounding the enforceability of security given. This ties in with Simon's corporate insolvency practice. 

Taxation

Simon has an established practice advising and representing those said to be subject Business Rates. Simon regularly appears for businesses in Business Rates cases, whether in resistance to a liability order being made, or on an application to set a liability order aside. He can also advise on post liability order enforcement procedures. He has written extensively about Business Rates law (see the 'Publications' section for more information)

A particular strength is Simon's knowledge on the numerous issues that determine Business Rates liability under the Local Government Finance Act 1988, including, for instance, upon whom the law imposes the obligation to pay tax. Advice can also be given on the application of tax relief.

Simon has represented businesses in respect to Business Rates for properties on Oxford Street, Jermyn Street, Berwick Street, Wardour Street, Rathbone Place, Duke Street, Gerrard Street, Greek Street, Kingsway, Ormond Yard, Great Newport Street and Buckingham Palace Road. He also advised on a property containing 100 hereditaments in the City of London.

Simon regularly represents the London Borough of Barnet, and has been instructed by Babergh District Council and London Borough of Ealing.

 

Simon Hill Setting Aside Business Orders in the Magistrates Court Promo from Law Friends Society.

Watch Simon Hill presenting at our Autumn Conference.Full notes are available in the past papers section

Notable Cases

18. Cohen v O'Leary [2023] EWHC 2939 (Ch); [2023] 10 WLUK 372 (Ch) (High Court, Business and Property Courts) (Nicholas Thompsell sitting as a Deputy Judge of the High Court): Enforcement of foreign judgment debt against private pension entitlement; Bacci v Green injunctive relief application - grounds for refusal - due to judgment debtor's impecuniosity.

17. Cohen v O'Leary [2023] EWHC 1939 (Ch); [2023] All ER (D) 127 (Jul) (High Court, Business and Property Courts) (Louise Hutton KC sitting as a Deputy Judge of the High Court): Application of section 281(3) of the Insolvency Act 1986; whether a foreign judgment debt, registered in England, would survive or be released upon a bankrupt's discharge from bankruptcy; whether debt was 'incurred in respect of...fraud or fraudulent breach of trust'; Bacci v Green injunctive relief order and provision of information order in relation to uncrystallised pension;

16. McLinden v Lu [2022] EWHC 2807 (Ch); [2023] BPIR 732 (High Court, Business and Property Courts)(Deputy Master Bowles): Abuse of process; Bankruptcy offences; Bankruptcy proceedings; Beneficial interests; Beneficial ownership; Charging orders; Constructive trusts; Declarations of trust; Discharge; Illegality Patel v Mirza; Stamp taxes; Undertakings to pay taxes

15. Aujla v Aujla [2022] Lexis Citation 1434; [2022] 10 WLUK 191 (County Court): third party duress / undue influence by a mediator; setting aside a Tomlin Order on grounds of mis-statement/subsequent material change of circumstances

14. Equity Real Estate (Bracknell) Ltd v Capstan Capital Partners LLP [2020] 11 WLUK 680 (High Court, Business and Property Courts) (Deputy Master Nurse): Bank accounts; Bankers Trust orders; Fraud; Misappropriation; Norwich Pharmacal orders; Pre-action disclosure; Rules of court; Special purpose vehicles

13. Krawczynska v Rozuk [2020] Lexis Citation 61; [2020] All ER (D) 96 (Feb) (FTT Property Chambers)(Judge McAllister): Jurisdiction of FTT and cohabitee beneficial interest claim against sole legal title holder.

12. Kalsi v Bello [2019] (unreported) (Spencer J): Injunction to re-instate evicted occupiers.

11. Promontoria (Henrico) Limited v Samra [2019] EWHC 2327 (Ch) [2019] C.T.L.C. 295 (HHJ Cooke sitting as Judge of the High Court): Resisting possession/money judgment on facility letters/overdrafts on basis of unfair relationship/effectiveness of deed of assignment. 

10. Lannagan & Pearson (Joint Liquidators) v Kean, Kean and Wensum Limited [2019] Lexis Citation 358 (HHJ Pearce sitting as a Judge of the High Court): 6 day trial involving claims of unlawful preference, transaction to defraud creditors; transaction at an undervalue; misfeasance/breach of directors duties in relation to £1.4m of company property.

9. Promontoria (Chestnut) Limited v Bell and Bell [2019] EWHC 1581; [2019] BPIR 1241 (Zacaroli J): Appeal against the setting aside of a statutory demand on the basis that security was held for the debt.

8. Palmer v Loveland [2017] 8 WLUK 192 (Warren J): Freezing injunction in shareholder unfair prejudice petition.

7. Re Finch (UK) Plc [2015] All ER (D) 96; [2016] BCLC 394 (HHJ Hodge QC sitting as Deputy High Court Judge): Liquidator's claims against former director for misfeasance and breach of trust; Duomatic shareholder waiver issues and preference.

6. Rana v Thapa [2015] 10 WLUK 818 (Master Matthews): Pre-action disclosure in potential breach of trust and accountants professional negligence case.

5. Taylor (Liquidator) v Ziya [2012] BPIR 1283 (Registrar Derrett): Liquidator's claim against director for preference payment received; issue over desire to produce preferential position.

4. Grosvenor Estates Belgravia v Laidley [2010] BPIR 1090 (Registrar Jacques): Costs following satisfaction of undisputed bankruptcy petition debt, leaving a genuinely disputed element outstanding, where payment by debtor made after service of petition but petition not complying with requirements of the Insolvency Rules 1986.

3. Martin-Sklan v White [2007] BPIR 76 (Evans Lombe J): Sale of family home by trustee in bankruptcy, postponement of possesion and sale order due to exceptional circumstances, within Insolvency Act 1986, s 337(6).

2. Ellis (T/A Autospray) v King [2005] CLY 399: Civil proceedings discontinuance; fresh proceedings issued without prior permission; irregular proceedings.

1. Roberts v The State [2003] 5 LRC 1, PC: Transcript of trial judge's summing up not available - prevalent misdirection by trial judges on identification; whether assumption trial directions were appropriate dislodged by repeated failures of trial judges in other trials. 

Publications

Simon has published the following Insights (click on the article number to be taken to the article itself):

Corporate Insolvency

1. Understanding s239 Preference under Insolvency Act 1986
2. Winding Up Petition Debt Disputed on Bona Fide and Substantial Grounds
3. Limitation, Winding Up/Bankruptcy Petitions and Judgment Creditors
4. Winding Up Petitions and Arbitration Agreements - The Impermissible Determination
5. Winding up petitions founded on judgment debt subject to pending appeal
6. Antecedent Voidable Transactions: BVI High Court Anti Suit Injunctions and Section 249 of the BVI Insolvency Act 2003
7. Section 239 Unlawful Preference and Decision Date for Desire to Prefer
8. Pending Winding Up Petition and Company entering Administration
9. Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition
10. Restraining a winding up petition on change Corporate Insolvency and Governance Bill 2020 anticipated to bring
11. Schedule 10 Restrictions on Winding Up Companies Extended to 31st December 2020
12. Breach of Directors Duties and Unlawful Preferences under section 239
13. Winding Up Companies - Corporate Insolvency and Governance Act 2020 - Some Authorities
14. Winding Up Petitions - Balancing Supporting and Opposing Creditors
15. Winding Up Companies - End of Temporary Insolvency Measures
16. Winding Up Petition - Petition Debt Paid - Costs
17. Company Administrations - Extension to Term of Office
18. Company in Liquidation - Arbitration Agreements and Proof of Debt
19. Rescinding/Setting aside a Winding Up Order
20. Winding up petitions and Exclusive Jurisdiction Clauses
21. Winding up petitions and foreign law clauses
22. Winding Up Petitions - Petitioner Substitution r.7.17 - Substitution First, Standing Later
23. Creditor Winding Up Petitions - Applications for a Moratorium

Company 

1. Directors’ fiduciary obligations to Insolvent Company breached
2. Company Restoration and Joinder of Interveners
3. Legal Advice Privilege subsisting beyond Corporate Client Dissolution?
4. Directors Disqualification and Permission to Act as Director
5. Directors Disqualification - Prohibition on Involvement in Management
6. Unfair Prejudice Petitions - Justification for Exclusion from Participation in Management of a Company

Civil Procedure

1. Finality of Judgment in Default and Judgment on Admissions on Judgment Creditor's Application
2. Pre-Judgment Interest Rate
3. Neglected Proceedings - Lifting the Stay imposed by r.15.11
4. The Jeopardy of a Very Late Application to Amend a Statement of Case
5. Part 36 Offers and Genuine Attempts to Settle Proceedings
6. Permission to Issue Second Claim after Discontinuing First Claim - Ward v Hutt
7. Issue Estoppel between Liability and Disposal
8. Mitchell CPR r.3.9 relief from sanctions
9. The Importance of Contemporary Documents
10. Adjournment as Counsel / Advocate is Unwell
11. Setting Aside, or Varying an Order made on the Court's Own Initiative without a hearing
12. Interim Payment on Account of Costs
13. Non-Party Costs Orders - Pure Funders

Taxation 

1. Business Rates - Costs Order against a Local Authority on a Complaint
2. Charitable Relief from Business Rates – Qualifying Use (Lexis Nexis)
3. Application to set aside liability order is a 'Complaint'
4. Understanding and Challenging a National Non-Domestic Rates Liability Order
5. Business Rates – Requirements for Beneficial Occupation
6. Business Rates and ‘Genuine and Arguable Dispute’ - No Sham
7. Onus of Proof in Business Rates Complaints
8. Business Rates and Late Demand Notices
9. Business Rates - Selecting the Court for Recovery and Enforcement
10. Limitation on Unpaid Council Tax
11. Business Rates - 'Owner' of Unoccupied Properties
12. Business Rates - Occupied Hereditament without Exclusive Occupier
13. Business Rates - Guidance in Harlow [2021] 4 WLR 65 on Occupation
14. Business Rates - Small Business Rates Relief
15. Council Tax - Enforcement - Split Mags Ct. and Valuation Trib. Roles
16. Liability for Council Tax
17. Business Rates - Actual Occupation and Preparing Hereditament for Contemplated Use
18. Business Rates - Unoccupied Property - 2008/386 Exemptions
19. Business Rates Liability Order - Power to Stay/Time to Pay?
20. Business Rates - The 15 Exemptions in Schedule 5
21. Business Rates - Charitable Relief - Eligibility
22. Business Rates - Duty of Candour when Requesting Summons 
23. Business Rates and Demand Notices - Where to Serve
24. Business Rates - Rateable Values - Pandemic Events are not Material Changes of Circumstance
25. Business Rates - Selecting the Court for Recovery and Enforcement
26. Business Rates - Exemption for Rateably Unoccupied Listed Buildings
27. Council Tax and Late Demand Notices
28. Council Tax - Complaint Evidence and Reg.53(5) Certificates
29. Business Rates - Rating List Missing Property - Backdating following Correction
30. Council Tax - Hereditament Existence Test - Truly Derelict or Reasonably Repairable?
31. Business Rates - Hearsay evidence in civil cases in Magistrates Court

Personal Insolvency 

1. Pending Bankruptcy Petitions and Making Third Party Debt Orders Final
2. No Utility or Benefit from Bankruptcy Order
3. Effect of Trustee in Bankruptcy's Release
4. Possession and Sale of Bankrupt's Home
5. Instalments Orders and Bankruptcy Petitions
6. Bankruptcy Discharge and Release, the Exception for Fraud and Fraudulent Breach of Trust
7. Bankruptcy Hearing – Dismissal on Anticipated Improper Trustee behaviour
8. The Bankruptcy Level at Date of Hearing in Bankruptcy Court
9. Bankruptcy Hearing - Challenging the Validity of a Debt behind a Judgment Debt
10. Disclosure and Inspection in Insolvency Proceedings
11. Bankruptcy Jurisdiction and Challenging an Assessment of Tax
12. Adjourn for time to pay - Bankruptcy Hearing
13. Bankruptcy Hearing - Adjourn for Pending Appeal
14. Trustee in Bankruptcy selling a Home
15. Bankruptcy Statutory Demands and Specifying Creditor Security in respect of the debt (Lexis Nexis)
16. Bankruptcy - Statutory Demands, Petitions and Annulment - Same Disputed Debt Test?
17. Beneficial Joint Tenants, Survivorship and Creditors of a Deceased Bankrupt - Section 421A of the Insolvency Act 1986
18. Bankruptcy Petitions - Petitioner Substitution r.10.27 and Change of Carriage r.10.29
19. Annulling a Bankruptcy Order under section 282(1)(a)
20. Delay in Presenting Bankruptcy Petition after Service of Statutory Demand
21. Bankruptcy Order - Appealing - Sands v Layne
22. Appealing a Refusal to Set Aside a Statutory Demand - when Bankrupt?
23. Bankruptcy Order - Creditor Refusing Offer of Security for Bankruptcy Petition Debt
24. Statutory Demands - Extension of time to issue Set Aside Application
25. Bankruptcy Proceedings - What is a liquidated sum?
26. Bankruptcy - Setting Aside Statutory Demand on ground that England and Wales is Wrong Forum?
27. Bankruptcy Adjudicator's Territorial Jurisdiction
28. Using or threatening Bankruptcy Proceedings for Improper Purposes
29. Bankruptcy Annulment - Did limitation run on creditor claims during bankrupty period?
30. Bankruptcy Petition - Personal Service
31. Re-arguing similar/same grounds/material at later stages in bankruptcy proceedings
32. Bankrupt Estate - Surplus for the Bankrupt

General Insolvency

1. Leave to Commence Section 423 Transactions Defrauding Creditors Proceedings

Commercial Property

1. Relief from Forfeiture following Peaceable Re-Entry;
2. Legal Lease - Landlord claiming against Equitable Assignee/Beneficial Interest holder

General Property

1. Affixing Goods to Land - Losing Title to the Goods

Contract

1. Interpretation / Construction of Contractual Clauses/terms
2. Gas and Electricity - Deemed Contracts

Mortgages

1. Repossessions - How Long to Go (2006) 150 SJ 650
2. Mortgage Shortfall Claims - Caught Short (2006) 150 SJ 246  

Personal Injury and Negligence

1. Children causing Personal Injury during Horseplay
2. Quantification of Loss - Vehicle Diminution in Value and Cost of Repair
3.Personal Injury - Special Damages - Gratuitous Care Claim - How money held upon receipt?

Holiday and Travel Claims

1. Airlines Check In (2005) 149 SJ 626 
2. Wish you weren't here? (2003) 147 SJ 1103
3. Expanded Scope to the Package Holidays Regulations: An Overview

Former Clients

Clem Morfuni (Swindon Town Football Club Owner)*
Steve Harkness (former Liverpool FC defender)*
3 Members of a Middle Eastern Royal Family (Royalty)*
Emma Hope MBE (Shoe Designer)
Trinny (Trinny and Susannah)
Azmal Hussain (Curry King of Brick Lane)
Bunny Wailer (Bob Marley and the Wailers)
Nigel Albon (former Racing Driver)
Danny Hayes (Footballer)

*A corporate vehicle they owned (whether directly or through other corporate vehicle(s)) or were a director of

Awards & Prizes

MA Law (Cambridge University) - 1st Class
Bar Vocational Course (Inns of Court School of Law) - Very Competent
'Katherine Prior Scholar' (St John's College, Cambridge University)
Astbury Scholarship (Middle Temple)
Harmsworth Entrance Exhibition (Middle Temple) 
McMahon Studentship and Prize (St John’s College)

Memberships

Property Bar Association
Chancery Bar Association
London Common Law and Commercial Bar Association
Middle Temple
Deputy Treasurer of 33 Bedford Row Chambers

Education and Training

Simon was trained by Fiona Sinclair KC, Graeme McPherson KC, Peter Knox KC, Howard Stevens KC, Simon Davenport KC, Andrew Nicol and Paul Letman. 

Simon has a 1st Class masters degree in Law from Cambridge University. He was ranked as 'very competent' on the Bar Vocational Course.

Seminars

Simon gave a talk entitled 'Setting Aside Business Rates Liability Orders In The Magistrates Court' on 22 October 2019 at The Law Friends Society's 'London Civil Litigation Conference' held at London Conway Hall Conference Centre, Holborn. His talk features as one of the teaser videos available to watch for free here

Direct Access

Simon is accredited to accept work under the Direct Access Scheme, also known as the Public Access Scheme, in suitable cases. In order to instruct Simon on a Direct Access basis, contact the clerks on 0207 242 6476 or at clerks@33bedfordrow.co.uk.   

GDPR Notice

Simon is a self employed barrister in independent practice. During the course of providing legal services as a barrister, Simon collects and uses personal information.  He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation ('GDPR').

33 Bedford Row is separate and has its own Data Protection Act 2018/GDPR 'Privacy Policy and Data Protection Statement', in respect to personal information collected, used and stored by or related to it. This covers personal information arising from, or related to, 33 Bedford Row providing services as a barristers chambers, as well as use of its website. This 'Privacy Policy and Data Protection Statement' sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.

Simon has a retention of data policy which sets out how long he retains personal information and the reasons why he adopts certain retention periods.

You can view 33 Bedford Row's 'Privacy Policy and Data Protection Statement' on 33 Bedford Row's website. Hard copies are available on request by contacting chambers directly.

Transparency Information

Simon Hill's entry on the Barrister Register can be viewed here.

The Legal Ombudsman's decision data website can be found here.

Simon Hill is regulated by the Bar Standards Board

Professional, licensed access and/or lay clients may contact Simon Hill, through the 33 Bedford Row clerks, to obtain a quotation for legal services. Contact details are:

Clerks@33bedfordrow.co.uk
0207 242 6476

Simon Hill's most commonly used pricing models, are:

(1) for specific hearings - a fixed fee; 
(2) for other work - hourly rates.

Simon's fees are based around an hourly rate of £425 plus VAT per hour. This is indicative only and may vary depending various factors. Please ask for a quotation. Factors influencing the hourly rate, will include:

(1) complexity and nature of the work;
(2) timescales for work and the need for out of office hours work;
(3) sum in issue;
(4) location of any hearings or conferences;

Typically the above fixed fee or hourly rates will cover all the fees. However, where there are additional costs, these are likely to be:

(1) travel costs to and from a location; for instance, a court or a conference held away from 33 Bedford Row Chambers in London. These are likely to be standard class train fare/reasonable petrol costs;

(2) hotel costs, for the cost of staying overnight for the purpose of attending court hearing(s) and/or a conference held away from 33 Bedford Row Chambers in London. These will be reasonable hotel costs. 

There should be agreement about whether these costs are including in the fee or are additional to the fee quoted.

Simon is VAT registered and VAT is charged on his fees, where applicable. Simon's VAT number is available on reasonable request. 

The areas of practice in which he most commonly provides legal services, are disputes involving:

(1) Personal Insolvency and Corporate Insolvency;
(2) Business Rates;
(3) Debt/Credit and Security (charges/mortgages);
(4) Companies;
(5) Properties;
(6) Contracts.

His most commonly provided legal services are:

(1) Representation in court;
(2) Advising in conference; and
(3) Drafting letters/witness statements/court applications;

The key stages to his instruction are likely to be:

(1) receipt of documentation from the client;
(2) discussion between clerk and client, about the fee, scope of the work and timescales for the work;
(3) agreeing a Client Care Letter/Public Access Agreement, signing and payment of the fee;
(4) holding a conference (whether in person or on the telephone) with the client (if applicable);
(5) drafting documentation and/or preparing for the hearing (as applicable);
(6) supplying the drafted documentation to the client and/or the court/other side, and/or attending the hearing (as applicable);
(7) discussion about the documentation, or about the outcome of the hearing.

Typically the above will be carried out over the course of a few weeks, but timescales will vary. The factors which might influence the timescales for his most commonly provided legal services, are:

(1) complexity of the task;
(2) availability of all the documentation;
(3) availability of additional information from the client;
(4) amount of papers that needs to be read;
(5) time taken to hold a conference with the client (if necessary); and
(6) the workload in the particular case and the workload of other cases in the barrister's practice.

Simon accepts Direct Access and Public Access work. However, he is not authorised to 'conduct litigation' as a solicitor can. While Simon can draft documents, and advise and guide a Direct Access/Public Access client, the Direct Access/Public Access client will need to issue proceedings, file documents at court, and serve documents on other parties themselves. The scope of his services should be discussed with his clerk.

A website called Legal Choices is run by the frontline legal regulators. It can be a good source of information for those looking to instruct a lawyer.

Simon has professional indemnity insurance cover for all types of legal services he supplies to the public and businesses.

Simon is registered with the Information Commissioner’s Office (ICO): Z8251758 or here.