Your lawyers since 1722

Simon Fitzpatrick

Boodle Hatfield Portraits 2012

Partner
Head of Litigation

+44 (0) 20 7079 8162 download vcard
Boodle Hatfield Portraits 2012

Simon's practice covers a broad range of commercial litigation.

He is leader of the commercial litigation team and head of the arts group. He provides services to a range of clients including high net worth individuals and privately owned companies, recently advising on:

  • Corporate disputes
  • Contractual disputes
  • Claims for breach of warranty
  • Art law and art litigation
  • Professional negligence claims
  • Family business disputes
  • Commercial Agents Regulations
  • Misrepresentation claims
  • Partnership and Shareholder disputes
  • Debt recovery
  • Employment litigation
  • Proceedings based on the Hotel Proprietors Act
  • Property disputes

Much of Simon’s work is for international clients and involves working with lawyers in other jurisdictions to resolve commercial disputes both in this country and abroad. Boodle Hatfield is the London member of TAGLaw, a global alliance of high quality, independent law firms with more than 4,000 lawyers worldwide. Simon heads up our relationship with that network.

Simon has specialist knowledge of art law and art litigation including auction house misattribution, auction house negligence, authenticity and provenance claims.

Simon also has particular knowledge of the law relating to agrochemicals and the pesticide regulation system both in England and Europe and regularly advises clients on regulatory issues arising from the sale of pesticides.

Track Record

Art Law

Represented Mr Thwaytes in his professional negligence claim against Sotheby’ The claim arose out of Sotheby’s research into and advice regarding a painting of ‘The Cardsharps’. The case was the most high profile art litigation of 2014 and of great importance in the field of art litigation/professional negligence. The Judgment developed this area of law and, in particular, the standard of care and duties owed by a leading auction house to its consigners

Acted for private collectors, a brother and sister, in a claim against a leading auction house. The claim was for negligence and breach of duty as to the research carried out and advice provided to our clients relating to a painting ‘Salome with the Head of St John the Baptist’, now thought to be by Titian. The painting was sold by our clients in 1994 for £8,000, but was offered for sale at auction in January 2009 with an estimate of $4-6 million. The proceedings were issued in 2007 and an amicable settlement was reached the day before trial. The case attracted extensive media interest

Security for costs

Successfully applied on behalf of our client for security for costs in proceedings brought against her in the sum of £1.2m. The Claimant’s failure to comply with the security for costs order meant the claim was automatically struck out and the costs of the proceedings awarded to our client

Enforcement of EU Judgment

Acting on behalf of Mr Xavier Huertas in respect of a claim brought against him seeking a declaration that registration and recognition of a French Judgment would be manifestly contrary to public policy. We successfully obtained summary judgment against the Claimant and obtained a declaration that the French judgment be recognised and enforced in the English Courts

Enforcement of English judgment

Acting for an individual in respect of a claim for the recovery of a £3million loan and unpaid interest on the loan. Obtaining default judgment in respect of the loan and applying for a charging order against shares in a BVI company beneficially owned by the defendant. The interim charging order was successfully obtained. However, the founder of the BVI company alleged that the beneficial interest in the shares vested with him and therefore that the interim charging order should be discharged. In response to these claims we sought a trial of the issue of the beneficial ownership which was ordered with the trial to take place within 3 months. This prompted matters to be resolved between the parties

Enforcement of judgment by order of sale of £24m property in Knightsbridge

Successfully opposing applications to set aside two default judgments in the Chancery Division which we obtained on behalf of our client against the Defendant, who was a guarantor of a loan of £5m from our client which had not been repaid. The Defendant was ordered to pay the default judgment sums due plus interest totalling over £7m. Read more…

Awards & Rankings

Legal 500, Hall of Fame, 2021 & 2022

Legal 500, Leading Individual, 2017 – 2022

Chambers HNW, Top Ranked Individual, 2021

Chambers UK 2020, Recognised Practitioner in Commercial Litigation

Chambers HNW, Ranked Individual, 2017 – 2020

Chambers UK, Ranked Individual, 2017 – 2020

Chambers Europe, Ranked Individual, 2017

Memberships

Director of the Bond Street Association

Better Bankside Board Member

Education & Qualification

Qualified as a solicitor in 1991

Art Law

Represented Mr Thwaytes in his professional negligence claim against Sotheby’ The claim arose out of Sotheby’s research into and advice regarding a painting of ‘The Cardsharps’. The case was the most high profile art litigation of 2014 and of great importance in the field of art litigation/professional negligence. The Judgment developed this area of law and, in particular, the standard of care and duties owed by a leading auction house to its consigners

Acted for private collectors, a brother and sister, in a claim against a leading auction house. The claim was for negligence and breach of duty as to the research carried out and advice provided to our clients relating to a painting ‘Salome with the Head of St John the Baptist’, now thought to be by Titian. The painting was sold by our clients in 1994 for £8,000, but was offered for sale at auction in January 2009 with an estimate of $4-6 million. The proceedings were issued in 2007 and an amicable settlement was reached the day before trial. The case attracted extensive media interest

Security for costs

Successfully applied on behalf of our client for security for costs in proceedings brought against her in the sum of £1.2m. The Claimant’s failure to comply with the security for costs order meant the claim was automatically struck out and the costs of the proceedings awarded to our client

Enforcement of EU Judgment

Acting on behalf of Mr Xavier Huertas in respect of a claim brought against him seeking a declaration that registration and recognition of a French Judgment would be manifestly contrary to public policy. We successfully obtained summary judgment against the Claimant and obtained a declaration that the French judgment be recognised and enforced in the English Courts

Enforcement of English judgment

Acting for an individual in respect of a claim for the recovery of a £3million loan and unpaid interest on the loan. Obtaining default judgment in respect of the loan and applying for a charging order against shares in a BVI company beneficially owned by the defendant. The interim charging order was successfully obtained. However, the founder of the BVI company alleged that the beneficial interest in the shares vested with him and therefore that the interim charging order should be discharged. In response to these claims we sought a trial of the issue of the beneficial ownership which was ordered with the trial to take place within 3 months. This prompted matters to be resolved between the parties

Enforcement of judgment by order of sale of £24m property in Knightsbridge

Successfully opposing applications to set aside two default judgments in the Chancery Division which we obtained on behalf of our client against the Defendant, who was a guarantor of a loan of £5m from our client which had not been repaid. The Defendant was ordered to pay the default judgment sums due plus interest totalling over £7m. Read more…

Legal 500, Hall of Fame, 2021 & 2022

Legal 500, Leading Individual, 2017 – 2022

Chambers HNW, Top Ranked Individual, 2021

Chambers UK 2020, Recognised Practitioner in Commercial Litigation

Chambers HNW, Ranked Individual, 2017 – 2020

Chambers UK, Ranked Individual, 2017 – 2020

Chambers Europe, Ranked Individual, 2017

Director of the Bond Street Association

Better Bankside Board Member

Qualified as a solicitor in 1991