Simon Atkinson

Trusts, probate and estates: non-contentious

Simon undertakes 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.
• Drafting trust deeds, and associated documentation such as deeds of release, deeds of appointment and deeds of variation.
• Advising trustees, including charitable trustees, as to the existence and scope of their powers and advising and acting for such trustees in Beddoe applications and applications to the Charity Commission for guidance or approval.
• 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 and appearing in applications under the Variation of Trusts Act 1958.
• Advising upon prospective applications under s. 57 of the Trustee Act 1925.
• Advising on matters under the Settled Land Act 1925.
• Advising trustees and others upon connected tax matters such as UK IHT, CGT and SDLT.

Download Trusts, probate and estates: non-contentious CV

Property

Simon is regularly instructed in high-value, complex property disputes. He has particular experience in easements and restrictive covenant litigation; commercial development disputes (including litigation arising out of overage and option agreements); family trust and TOLATA disputes; mortgagee actions (in particular acting for private lenders to high-net-worth individuals); and land registration litigation.

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

Notable instructions include:

• Acting (with Martin Hutchings KC) in a substantial restrictive covenant dispute in the Upper Tribunal concerning valuable development land in the south east.  These proceedings concerned, inter alia, the principles applicable to, and case law concerning, the public interest test under LPA 1925, s. 84(1)(aa) in light of recent Supreme Court authority regarding discretionary relief in property law disputes.
• 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 as junior counsel 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 one of the leading authorities 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.

Download Property CV

Professional liability

Simon specialises in professional liability work, as part of his wider commercial and traditional trusts work 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.

Download Professional liability CV