Simon Whitfield

Call 2009

whitfield@exchangechambers.co.uk

"Mr Whitfield has exceptional skills in giving oral and written advice as well as drafting. He is extremely prompt in responding to requests for advice and drafting, even with very short deadlines."

The Legal 500 2024
Photo of Simon Whitfield

Commercial

Simon undertakes all aspects of commercial and chancery dispute resolution. He adopts a practical, pragmatic, commercial approach and has a wealth of experience in the following areas of practice:

  • Complex commercial disputes
  • Construction
  • Sale of goods and services
  • Applications for interim relief including urgent injunctions
  • Professional negligence
  • Banking, finance and factoring
  • Property/trusts
  • Local government and housing
  • Mediation
  • Early Neutral Evaluation

Commercial Cases

COMMERCIAL DISPUTES

Simon is regularly instructed in complex commercial disputes. He takes a careful commercial approach, whilst remaining focussed on identifying the key legal issues.

His experience includes contractual disputes, breach of confidence and misuse of confidential information, sale of goods, agency, injunctive relief and subsequent committal applications, professional negligence claims and landlord and tenant disputes.

Acting for a hotel owner in a breach of contract dispute through to a 3 day trial.

Advising the claimants in a professional negligence claim against their accountants regarding a failure properly to advise about a tax mitigation scheme.

Acting for a commercial landlord defending a claim for unlawful eviction. Advising a Premier League football club in a commercial sponsorship dispute.

Acting for a finance company in a contested claim for the recovery of a Lamborghini car.

Successfully resisting an application for injunctive relief against a former employee who set up a competing business.

Appearing at the High Court in London on a 4 day trial arising out of an alleged breach of contract.

Obtaining injunctive relief for a well known theme park against ticket touts and the subsequent committal to prison of a tout for breach of the injunction.

Advising a Hong Kong based business in a dispute over the supply of goods to a UK company.

Advising a PLC utilities company on a land development dispute.

Acting for a Bank on a successful appeal against the refusal of summary judgment on its claim against a guarantor.

Acting for a Manchester Airport Group on a reported decision concerning relief from sanction under the Civil Procedure Rules – Azure East Midlands v Manchester Airport Group Property Developments Limited [2014] EWHC 1644 (TCC).

Advising a firm of solicitors on the meaning and interpretation of its Partnership Deed.

Succeeding at trial for a finance company on its claim against a customer under a factoring agreement.

Acting for a Bank on its claim for possession of a property where the defendants asserted unregistered interests.

Acting for the lender in Houssein v London Credit Ltd [2023] EWHC 1428 (Ch) in a complex dispute concerning the interpretation of lending terms and penalty interest that fought through a five day trial in the High Court and thereafter the Court of Appeal – Houssein v London Credit Ltd [2024] EWCA Civ 721.

Acting for the respondents to a combined Part 7 claim and s.994 unfair prejudice petition and successfully resisting the applicants’ application for an expedited trial.

Acting as a mediator in a lengthy dispute between neighbours, and reaching a settlement.

Appearing in numerous mediations, the vast majority of which were successfully concluded.

ALTERNATIVE DISPUTE RESOLUTION

Appearing before a privately appointed High Court Judge in an Early Neutral Evaluation arising out of a social housing PFI project.

Advising individual clients and appearing at the successful mediation of a dispute with a contractor engaged to rebuild their home.

Appearing at numerous joint settlement meetings for both Claimant and Defendant clients.