Call +44 207 306 0102 or contact us

Simon Atkinson

Call: 2011   

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

Practice Overview

Simon has a busy and diverse practice. He accepts instructions across the gamut of Chambers’ areas of work. The core of his practice, however, comprises property, trusts and estates, pensions and commercial litigation.

He appears both as sole counsel and as a junior in the Court of Appeal, High Court and County Court as well as before various tribunals, such as the FTT. He also acts in alternative dispute resolution processes such as mediations, arbitrations and expert determinations.

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.

Notable 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, web-based business, the admissibility of Part 36 offers in split trial proceedings, and the availability of summary judgment in response to a purported defence of causation where equitable compensation for loss is claimed.
  •  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.
  • Catalyst Housing Limited v Martin [2016] EWCA Civ 1156
    Simon appeared as sole counsel in a renewed oral application for permission to
    appeal (and the later substantive appeal) in proceedings concerning contractual
    succession to an assured tenancy.
  • 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)
    Substantial High Court litigation in which the beneficiary of English will trusts brought
    claims against former professional and lay trustees for alleged breaches of trust
    between 1984 and 2010. The claim also raised issues of Swiss and Liechtenstein
    law.
  • Wood v Waddington [2014] EWHC 1358 (Ch); [2015] EWCA Civ 538
    A dispute between neighbouring landowners concerning the grant of easements,
    the scope 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 arising out of the decision of the trustees to grant
    discretionary benefit increases to members.
  • 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.