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Simon Atkinson

Call: 2011   

+44 (0)20 7306 0102satkinson@wilberforce.co.uk

Practice Overview

Simon has a busy and diverse practice. He appears as sole counsel and as a junior in the Court of Appeal, High Court and County Court as well as in the FTT and in alternative dispute resolution processes (including mediations, arbitrations and expert determinations).

Simon’s practice encompasses all of Chambers’ areas of work.  The core of his practice, however, comprises litigation and non-contentious advisory instructions in the fields of property law, trusts and pensions matters, commercial and company law, and probate and estates cases.

He is instructed in both domestic and international matters, and has particular experience in disputes with a Middle Eastern element, including DIFC litigation.  He is a co-author of Wilberforce’s publication of the Rules of the DIFC Courts.

Recent reported cases in which Simon has been instructed include:

  • Interactive Technology Corp Ltd v Ferster [2017] EWHC 1510 (Ch); [2017] EWHC 1799 (Ch)
    Litigation concerning the beneficial ownership of an offshore, online business, the admissibility of Part 36 offers in split trial proceedings, and the availability of summary judgment to a purported defence of causation in a claim for equitable compensation for loss.
  • Dutton v FDR Ltd [2015] EWHC 2946 (Ch); [2017] EWCA Civ 200
    Proceedings concerning how an underpin operated in relation to the increases applicable to pensions in payment. The underpin arose as a result of a defective trust deed executed in 1991 which purported to change the rate at which pensions in payment were increased from 3% to 5%LPI.
  • Pollock v Reed [2016] Pens LR 129
    Proceedings brought by the trustees of an occupational pension scheme seeking court approval of a proposed bulk transfer of the scheme’s assets and liabilities without individual member consent to a new scheme.
  • Labrouche v Frey; Re Olga Martin-Montis Will Trusts [2016] EWHC 268 (Ch)
    A claim for various alleged breaches of trust brought by the beneficiary of English will trusts against former professional and lay trustees. This claim concerned a will executed in 1974 by an English citizen living in Switzerland and the assets held by a Liechtenstein foundation.
  • Wood v Waddington [2014] EWHC 1358 (Ch); [2015] EWCA Civ 538
    A dispute between neighbouring landowners concerning express and implied grants of easements, the operation of section 62 of the Law of Property Act 1925 and the rule in Wheeldon v Burrows.
  • Spencer v Fielder [2015] 1 WLR 2786
    Beddoe proceedings relating to litigation between British Airways and the trustees of the Airways Pension Scheme concerning the decision of the trustees to grant discretionary benefit increases.
  • Cosmetic Warriors Ltd v Amazon.co.uk Ltd [2014] FSR 31; [2014] EWHC 1316 (Ch)
    Trademark dispute between the owner of the ‘Lush’ cosmetics brand and the well-known online retailer.
  • Ansa Logistics Ltd v Towerbeg Ltd [2012] EWHC 3651 (Ch)
    A landlord and tenant dispute concerning whether the tenant had breached a covenant against parting with possession and whether the landlord had unreasonably withheld consent to underlet the premises to a third party, Ford Motor Company Ltd.