Simon Atkinson

Property

Property law is a core component of Simon’s practice. He is regularly instructed across the gamut of Chambers’ areas of work including: boundary disputes and easements (including wayleaves), overage agreements, restrictive covenants, adverse possession claims, landlord and tenant work (both commercial and residential), mortgagor-mortgagee disputes, TOLATA claims, commercial development agreements, lease renewals, rent reviews, land registration issues and possession proceedings.

Simon is ranked as a leading junior in both Chambers & Partners and The Legal 500 for property litigation.

Notable instructions include:

• Asturion Fondation v Alibrahim [2024] 1 WLR 2947 : Appeared for the defendant, Princess Aljawharah Alibrahim, a wife of the late King Fahd of Saudi Arabia, in one of The Lawyer Top 20 Cases for 2023.  These proceedings concerned a property on “Billionaire’s Row” in North London and raised complex issues of Liechtenstein, Swiss and Shari’a Law and the scope and effect of s. 26 of the Land Registration Act 2002.
• Moosa v Mawji [2024] EWHC 1638 (Ch) : Appeared (with Theo Dixon) for the defendant in proceedings concerning a high-value property investment portfolio with companies and assets in England, the Caribbean, Europe and South Africa.
• Al Rawi v Sidawi [2023] EWHC 1415 (Ch): Appeared (with Max Mallin KC) for the claimant in a multimillion-pound dispute between former business partners engaged in the acquisition and redevelopment of high value London properties.
• Astor Bristol Ltd v Bristol School of Performing Arts [2021] UKUT 43 (LC): Appeared for BSPA in proceedings concerning a valuable site which was found to have been transferred away from BSPA as a result of a fraud perpetrated upon it.
• National Stadium Project (Grenada) Corp v NH (Caribbean) Ltd [2020] UKPC 25: Appeared as junior counsel for the appellant in a dispute concerning the construction of a sports stadium in Grenada in the late 1990s and the entitlement to a multimillion-dollar fund which had been frozen in 1999.
• Asturion Fondation v Alibrahim [2020] 1 WLR 1627 : Appeared for the defendant, Princess Aljawharah Alibrahim.  This decision is the leading authority relating to the striking out of proceedings for abuse of process where a party is alleged to have “warehoused” proceedings.
• Manchester Airport v Radisson Hotel Manchester Limited [2020] EWHC 3367 (Ch): Appeared for the intermediate landlord in a dispute over private utility supplies to a tenant of Manchester Airport.
• Catalyst Housing Limited v Martin [2018] EWCA Civ 1206: Appeared as a sole counsel for the appellants in proceedings concerning contractual succession to an assured tenancy under the Housing Act 1988.
• Wood v Waddington [2015] EWCA Civ 538: Appeared as junior counsel for the appellant in a case concerning boundary disputes and alleged rights of way. It is one of the leading authorities of the scope of s. 62 of the Law of Property Act 1925.
• Ansa Logistics Ltd v Towerbeg Ltd [2012] EWHC 3651 (Ch) : Appeared (with Martin Hutchings KC) for Ford Motor Company Ltd in a landlord and tenant dispute concerning an alleged breach by the tenant of the covenant against alienation.

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Trusts, probate and estates: contentious

Simon is a highly sought-after trusts practitioner. He is frequently instructed on high-value, multi-jurisdictional trusts disputes. He has a keen technical eye as well as a robust and practical approach in both contentious and non-contentious matters. He appears frequently in the High Court on trusts and probate matters.

His instructions span the whole spectrum of Chambers’ work including: breach of trust / breach of fiduciary duty claims; contentious probate disputes; trustee applications for directions; VTA claims; trustee and personal representative removal applications; TOLATA claims; and professional negligence claims relating to trusts and estates matters.

He accepts instructions relating to onshore and offshore matters. Instructions with an offshore element have concerned matters in Hong Kong, Singapore, the Channel Islands, Bermuda, Trinidad and Tobago, and the British Virgin Islands.

Simon is ranked as a leading junior in Chambers and Partners for Traditional Chancery work and in the Legal 500 for private wealth work (including the English bar offshore).

Notable instructions include:

• Bionome Technology Ltd v Clearwater [2024] EWHC 3155 (Ch): Appeared for the appellant in an intellectual property dispute concerning the entitlement to a patent in a herbicide.  Simon was instructed in relation to the trust issues arising in the appeal.
• Grosskopf v Grosskopf [2024] WTLR 539: Appeared (with Fenner Moeran KC) for the claimant in proceedings seeking the appointment of a judicial trustee. The decision is a leading authority on the applicability of s.9 of the Arbitration Act 1996 and the scope of arbitral relief in trust disputes.
• Ali Abdullah Alesayi Will Establishment v Ali Alesayi [2023] EWHC 3150 (Ch): Appeared for the defendant in proceedings concerning the administration of a high-value Saudi Arabian estate and the entitlement to assets held by the deceased in various jurisdictions, including the Caribbean and Europe.
• Goodrich v AB [2022] WTLR 525 (Ch): Appeared for the trustees of two employee benefit trusts in an important case concerning the impact of the Human Rights Act 1998, the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 upon older settlements.
• National Stadium Project (Grenada) Corp v NH (Caribbean) Ltd [2020] UKPC 25: Appeared as junior counsel for the appellant in a dispute concerning the construction of a sports stadium in Grenada in the late 1990s and the entitlement to a multimillion-dollar fund which had been frozen in 1999.  It is an important decision concerning Quistclose trusts and equitable assignment.
• Long v Rodman [2019] EWHC 753 (Ch): Appeared (with Andrew Mold KC) for two beneficiaries of a multimillion-dollar estate seeking the removal of the professional administrator who refused to cede his position during a very long-running administration process.
• PS Independent Trustees Ltd v China Shipping (UK) Agency Co Ltd [2019] ICR 1375: Appeared on behalf of the employers in a claim concerning the scope and effect of regulations governing the funding of multi-employer occupational pension schemes.
• FDR Ltd v Dutton [2017] EWCA Civ 200: Appeared (with Paul Newman KC) on behalf of the employer in a claim concerning the operation of funding underpins in an occupational pension scheme.
• Labrouche v Frey [2016] EWHC 268 (Ch): Appeared as junior counsel for the professional trustees in a seven-week High Court trial concerning the administration of multimillion-pound will trusts created in 1980. The claim raised a number of complex issues of Liechtenstein, Swiss and English trust law.
• Pollock v Reed [2015] EWHC 3685 (Ch): Appeared (with Edward Sawyer) as junior counsel for the trustees of an occupational pension scheme seeking directions in relation to a proposed transfer of the scheme’s assets and liabilities into a new scheme.
• Spencer v Fielder [2015] 1 WLR 2786: Appeared as junior counsel for the representative beneficiary in Beddoe proceedings relating to the long-running litigation regarding the BA Airways Pension Scheme.
• Acting (with Clare Stanley KC) for the defendant in ongoing, multi-party professional negligence proceedings arising out of the restructuring of a high-net worth individual’s assets.
• Acting as junior London counsel in offshore proceedings concerning an extremely valuable estate and the validity of the deceased’s will.
• Acting as London counsel in offshore proceedings for blessing of a trustee’s decision to bring to an end a trust for the benefit of a Middle Eastern beneficiary.
• Acting as London counsel in offshore proceedings concerning alleged diversion of profits from a trading business following a breakdown of the relationship between beneficiaries of the trust.
• Acting as London counsel on behalf of one branch of a family in hostile takeover proceedings where the other branch of the family was seeking control of the trading business owned by an offshore trust.

Download Trusts, probate and estates: contentious CV

Trusts, probate and estates: non-contentious

Simon is instructed in traditional private client work, including advising upon and drafting trust deeds and related documentation, advising upon estate administration and non- contentious probate matters and discrete tax issues connected with such matters.

Although much of Simon’s non-contentious work is confidential, Simon’s instructions in this area have included the following:

• Advising trustees on the scope and exercise of their powers, their obligations to beneficiaries and appointments to, and the exclusion of, beneficiaries.
• Advising upon new and existing trust deeds, and associated documentation such as deeds of release, deeds of appointment and deeds of variation.
• Advising charitable trustees as to the scope of their powers and upon prospective applications to the Charity Commission.
• Advising on momentous trustee decisions and the desirability of making applications to bless such decisions under the High Court’s Public Trustee v Cooper jurisdiction.
• Advising on the history of the administration of trusts, and on the need for applications to court for directions.
• Advising upon prospective applications under s. 57 of the Trustee Act 1925.
• Advising on matters under the Settled Land Act 1925.
• Advising upon and appearing in applications under the Variation of Trusts Act 1958.
• Advising trustees and others upon connected tax matters such as UK IHT, CGT and SDLT.

Download Trusts, probate and estates: non-contentious CV

Professional liability

Simon specialises in professional liability work, as part of his wider commercial, trusts and property practice.  He is regularly instructed in domestic and offshore negligence proceedings, breach of fiduciary duty claims, civil fraud and dishonesty proceedings and asset tracing exercises.

Whether acting for claimants, defendants or insurers, Simon understands the importance of giving clear, focused and practical advice as well as the commercial and reputational imperatives underpinning this type of work.  The core of Simon’s professional liability practice involves advising upon, and appearing in, claims against: trustees and other fiduciaries; financial and tax advisors; surveyors; solicitors; and company directors.

Notable instructions include:

• Acting (with Clare Stanley KC) for the solicitor defendant in ongoing, multi-party professional negligence proceedings arising out of the restructuring of a high-net worth individual’s assets.
• Acting as London counsel in offshore proceedings concerning alleged diversion of profits from a trading business following a breakdown of the relationship between beneficiaries of the trust.
• Acting as London counsel in offshore professional negligence proceedings against a tax advisor arising out of English-law tax advice given when establishing a high-value family settlement.
• Acting as London counsel for trustees in professional liability proceedings concerning an offshore charitable trust.
• Wilton UK Ltd v Shuttleworth: Appeared as junior counsel for the director and corporate defendants in proceedings concerning a substantial development of land in the North-east of England and which raised allegations of conspiracy, dishonest assistance, breach of confidence and breach of fiduciary duties.
• Labrouche v Frey [2016] EWHC 268 (Ch): Appeared as junior counsel for the professional trustees in a seven-week High Court trial concerning the administration of multimillion-pound will trusts created in 1980. The claim raised a number of complex issues of Liechtenstein, Swiss and English trust law.
• Acted for a surveyor in substantial multi-party litigation arising out of the commercial exploitation of land in England and raising claims of both professional negligence and breach of trust.
• Acted (with Nikki Singla KC) for various director defendants in a multimillion-pound dispute concerning alleged breaches of trust and directors’ common law and fiduciary duties.
• Acted for the disappointed beneficiaries of an estate in negligence proceedings against the solicitors of the testator.

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