Simon Clegg

Banking and Financial Services

Simon has extensive experience of banking litigation. He is annually noted in Chambers and Partners as a leader in commercial litigation in which banking litigation undertaken by him is mentioned. Chambers and Partners has described Simon as having “exceptional knowledge” of banking law. After developing a practice in Birmingham, Simon spent three years working as a solicitor at what is now known as Herbert Smith Freehills, Sydney, conducting high value commercial and insolvency litigation before returning to Birmingham and developing his current practice. He regularly appears and advises in relation to banking disputes, on behalf of clearing banks and lending Institutions, both where claimant and defendant. He also acts for individuals and companies in such disputes. Security issues and matters arising are regularly the subject of such advice and litigation. He also has extensive experience of asset finance and issues which arise in relation to it, both outside and within the ambit of the Consumer Credit Act, not only in the context of litigation but also in a more commercial context; he has on many occasions been involved in advising in relation to agreements and other documents and drafted them. Simon is regularly involved in applications for freezing relief and subsequent litigation tracing assets. He is also an accredited mediator and has mediated a number of commercial disputes.

Recent Cases:

• Claim by finance company for £650,000 said to be due on stocking finance agreement.
• Bank claim for £1.5 million with defences including undue influence and duress.
• Claim for possession of in excess of 50 properties and £2.5 million. Defence contending that transaction an unfair credit bargain. Appeal from decision of District Judge who disposed of the matter summarily.
• Claim for sums due under various asset finance agreements with defences including sale at an undervalue.
• Various claims by banks for sums due from customers and for possession of properties both for bank and customer.
• Various claims on guarantees for both guarantors and those with the benefit of the guarantee.
• Claims relating to sale of financial products including issues arising under the Financial Services and Markets Act.
• Issues relating to the appointment of Law of Property Act receivers.
• Issues relating to the construction of security documentation and the enforceability thereof.

Company and Partnership

Recent Cases:

• Advice as to the enforceability of charges over certain assets of a company.
• Advice as to the construction of charges over the assets and undertaking of a company.
• Trial of a dispute between shareholders in which issues as to unfair prejudice arose.
• Advising shareholders in relation to a proposed unfair prejudice claim.

Professional Liability

Recent Cases:

• Various claims against surveyors relating to the negligent valuation of property.
• Various claims against solicitors involving allegations of failures in relation to the conduct of litigation.
• Various claims against solicitors arising from the conduct of property transactions.

Real Estate

Recent Cases:

• Various claims to enforce charges where defences such as undue influence, duress and misrepresentation are advanced.
• Advising in relation to partnership dispute and conducting proceedings where issues as to the ownership of property arise and the basis on which it is held.
• Trial in the Chancery Division at which rectification of contract sought in respect of rights granted under contract.
• Dispute arising out of the agreement by which claim relating to land compromised.
• Contractual claims by developers against purchasers.
• Claims against developers.
• Injunction to restrain obstruction of right of way to land which was the subject of application to develop, involving also issues as to ownership of parcels of land.

Education

LLB (Hons) University College London

Appointments and Memberships

Testimonials