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Simon Atkinson

Call: 2011   

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

Commercial

Contentious and non-contentious commercial and company instructions are core components of Simon’s practice.  Instructions have ranged from small consumer disputes to multi-party, multi-jurisdictional litigation. He acts both in his own right and as a junior as part of a larger team.  He has a particular interest in civil fraud and insolvency work, commercial property litigation, and cases with an international element.

Recent instructions include:

  • Acting (with Clare Stanley QC) in Interactive Technology Corporation Ltd v Ferster & ors [2017] EWHC 1510 (Ch); [2017] EWHC 1799 (Ch).  This ongoing litigation concerns three claims, including an unfair prejudice petition under s. 994 of the Companies Act 2006, relating to the beneficial ownership of an offshore, online business and the relief to be granted to a company whose director has been found liable for dishonest breaches of his fiduciary duties.
  • Acting for members of a private company limited by guarantee who were purportedly expelled under the disciplinary procedures contained in the company’s articles of association.
  • Acting (with James Ayliffe QC) in a claim concerning a purported joint venture development of land.  This ongoing litigation concerns two claims, one a derivative action and the other a direct action, brought by the representatives of one of the parties to the alleged joint venture.
  • Acting (with Nikki Singla) for various director defendants of a Jersey-based corporate trustee in a two-day mediation.  The Jersey litigation concerned alleged breaches of trust and directors’ common law and fiduciary duties as directors of a corporate trustee of a family settlement.
  • Appearing (with John Wardell QC) in High Court litigation concerning cross-unfair prejudice petitions under s. 994 of the Companies Act 2006.  The case concerned various sale purchase agreements relating to a technology joint venture.  The litigation raised, amongst other things, issues of international law, including the existence of constitutional and customary values in foreign countries and their impact on disclosure obligations in English courts.
  • Acting (with Joanna Smith QC) in arbitration proceedings concerning a multi-million pound construction project in the Middle East.
  • Advising in relation to the purported forfeiture of a business tenancy in the Dubai International Finance Centre for non-payment of rent and relief under the DIFC Real Property Law and DIFC Law of Damages and Remedies.
  • Advising on the extent of third party disclosure obligations in unfair prejudice petitions
  • Advising in relation to a landlord and tenant dispute over the repairing obligations of high velocity lifts in a newly built tower in London
  • Advising a business intending to offer will-writing and probate services in relation to regulatory requirements under the Legal Services Act 2007Appearing for the claimants in Cosmetic Warriors Ltd v Amazon.co.uk Ltd [2014] FSR 31; [2014] EWHC 1316 (Ch), a European Community trademark dispute.
  • Advising a cosmetics company in relation to its European and Australasian distribution agreements and alleged breaches by its overseas distributors.