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Simon Fitzpatrick

Simon Fitzpatrick

Partner, Head of Litigation

Telephone: +44 (0) 20 7079 8162
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Simon's practice covers a broad range of commercial litigation.

Simon is leader of the commercial litigation team and joint 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.

Simon is a director of the Bond Street Association which represents the interests of property owners and occupiers in Bond Street and promotes Bond Street as the destination for prestigious international retailers.  Simon is also on the Board of Better Bankside, a Business Improvement District, whose job is to make Bankside a thriving place to work, live and visit.

 "He is unusually young to be head of dispute resolution at a firm of substance, and not surprisingly - there are good reasons for his early promotion. He is excellent at handling clients, very certain in what he wants and clear in the direction he wants to go in. He knows how to use the Bar, which is a real benefit. He has an independent mind." - Market Commentator

"I think he's more commercial. He handled a complicated, messy case very well. He is very sound, strategic, calm and a good captain of the ship." - Market Commentator

"An outstanding commerical litigation solicitor. Always my first choice - I would refer friends and clients to him. He gets on top of things and gets heavily involved with the detail. He is very thoughtful and tactical and doesn't act aggressively just for the sake of being aggressive. He thinks about delivering good results throughout the lifespan of a matter. He has a very collaborative approach and never does anything rash. He builds a good team around him and I think his team would be very loyal to him. - Market Commentator

"Simon has been incredibly impressive. He is more cool headed than many other litigators. He really plans, thinks ahead, thinks tactically and prepares. He would be my first choice for referring someone I knew. He does not run up silly costs. It's all very thought-through." - Client

Simon qualified as a solicitor in 1991.

A sample of Simon's projects:

  • Art Law: We represented Mr Thwaytes in his professional negligence claim against Sotheby’s. 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. 
  • Art Law: We 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...
  • Enforcement of Foreign Judgments: Acting on behalf of Nikolay Glushkov in relation to a claim of approximately £15m brought by the Russian airline Aeroflot against Mr Glushkov and Boris Berezovsky. Read more...
  • Partnership Disputes: Successfully defending a claim brought against Ivor Farman by his former partner in Gradient Capital Partners LLP, Scott Pagel. Gradient Capital Partners LLP was a joint claimant with Mr Pagel. Read more...
  • Injunctions: Obtaining a freezing injunction over the assets of a Georgian judgment debtor (including properties, shares and funds held in his solicitors' client account) in respect of a debt for £6.8 million, in order to prevent the dissipation of the assets and obtaining full repayment of £2.5 million from the same debtor in separate proceedings.
  • Breach of Warranty: Acting for a property company on a case widely reported in the property press in a breach of warranty claim against the seller of a shopping centre. Replies to enquiries were wrongly warranted as being correct, resulting in a significant loss for the client; negotiating a favourable settlement prior to disclosure.
  • Misrepresentation: Acting for a firm of surveyors in High Court proceedings for misrepresentation against a procurement business with which they had entered into a contract.  Resolving the matter on favourable terms following extensive correspondence concerning the failure of the procurement business to provide complete disclosure.
  • Professional Negligence: As part of a claim for professional negligence and in order to attempt to mitigate the company's loss, acting for an oil broking company in the Court of Appeal case of Littman -v- Aspen Oil (Broking) Limited which was widely reported in the legal press.  The case is an interesting example of a situation in which it may be possible to "rectify" a mistake in a document by construction.  The Court of Appeal judgment contains noteworthy comment on the basis upon which an order for rectification can be made.
  • Agrochemicals: Acting for an agrochemical company in relation to business-critical legal matters arising out of the EU review of pesticides and seeking, in particular, an extension to the deadline to submit Annex II data to the Pesticides Safety Directorate. Proceedings for judicial review were prepared but an extension of time was granted very shortly before they were to be issued.  The same arguments were thereafter pursued with the Spanish, Portuguese and Italian regulatory authorities who also accepted the arguments and extended the deadline.
  • Regulatory Work: Advising members of the cockle industry on their dispute with local authorities and the Food Standards Agency regarding the validity of testing methods used to check for toxins in cockles. These produced "atypical" results which led to the closure of cockle beds throughout England and Wales. Assisting them with the preparation of their evidence for the Environment Food and Rural Affairs Select Committee, whose report subjected the Food Standards Agency to fierce criticism. As a result of the challenges made by the cockle industry, the testing methods have been changed. 

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240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

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6 Grosvenor Street
London
W1K 4PZ

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

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6 Worcester Street
Oxford
OX1 2BX

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

Bankside Office

240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

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