Simon Lillington > Chambers of David Berkley KC > Bournemouth, England > Barrister Profile

Simon Lillington

Work Department

Family.

Position

Simon was called to the Bar in 1981.

He lectured in commercial law in Nicosia, Cyprus from 1981 to 1984 and sat his Masters degree at University College London in shipping and Company law in 1985.

From 1985 to 1992 he lectured at Bournemouth University in partnership, company and common law. At Bournemouth University he was Director of Studies of the Business Studies Degree and then the Business Law Degree. He lectured regularly on advocacy skills at the University of Greenwich and undertook extensive research into the law of maritime piracy at the University of Southampton from 1989 to 1992.

He started in private practice at the Bar in London Chambers in 1987 initially in civil, company and commercial law but has specialised in family law since 1998.

Family 

Simon is mentioned as having a strong ancillary relief practice in the Legal 500.

In addition to his practice at the Bar in family law Simon also is a qualified family law mediator, registered with the Bar Council as such and will conduct mediations in chambers or at a location to suit clients.

He also is a qualified family law arbitrator and a member of the Chartered Institute of Arbitrators and will act as Arbitrator in qualifying family proceedings.

Money on Divorce or Separation

Although Simon’s practice spans most areas of family law, his principal area of work is money on divorce or ancillary relief as it was formerly known or financial order/remedy applications as it is now known. He is regularly instructed in large asset or otherwise complex and difficult cases. His academic background and experience of company and commercial work make him ideally suited for dealing with those unusually complex issues which involve businesses, farms, trusts, foreign interests/assets and insolvency.

Private Remote FDR Hearings

Simon is available for private remote FDR hearings. For more information on private remote FDR hearings please click here.

Cohabitation and TOLATA

Simon will also accept instructions in the areas of TLATA and cohabitation disputes. He has a great deal of experience of dealing with the many different applications that can be made surrounding these complex areas of law. His expertise in this field ranges from property disputes and undue influence claims, Schedule 1 children Act 1989 applications and occupation order applications through to the more intricate applications for financial relief after a foreign divorce and Inheritance Act claims.

Reported cases

• Rowland v Blades [2021] EWHC 426 (Ch) – Claim for declaration of beneficial interests where TR1 incorrectly completed by the conveyancing solicitors.
• A v B [2017] EWFC B9 – Hess J3 February 2017 – Application to set aside financial remedy order long after perfection on change of circumstances.
• Waudby v Aldhouse (Financial Remedies: Delay in Application) [2016] EWFC B63 (31 May 2016) – Claim for financial remedies after long separation exceeding 20 years
• Thayalnayagam v Redlich [2010] – Financial relief after a foreign divorce
• Shaw v Finnimore and another [2009] All ER (D) 41 (Mar) [2009] EWHC 367 (Ch) – Undue influence, deceit and misrepresentation. Chancery Division: The claimant succeeded in his claim for the repayment of, inter alia, £643,000 where, on the evidence, it was clear that between the parties there was no contract under which he was obliged to pay the sum to the defendant.
• *R (on the application of Mitchell and another) v Horsham District Council [2003] All ER (D) 195 (Feb) –
  – Town and country planning – Enforcement notice – Non-compliance – Direct action – Applicability of Convention rights to decision to take direct action – Town and Country Planning Act 1990, s 178 – European Convention on Human Rights, arts 6, 8.
  – Human rights – Fair trial – Civil right – Determination of civil right – Applicability of Convention right to decision to take direct action to enforce planning enforcement notice – Town and Country Planning Act 1990, s 178 – European Convention on Human Rights, art 6.
  – Human rights – Right to private and family life – Gypsies – Caravans – Planning controls – Use of direct action to enforce enforcement notices – Town and Country Planning Act 1990, s 178 – European Convention on Human Rights, art 8.
• Couzens v Couzens [2001] EWCA Civ 992 – Contempt of court – Committal – Breach of injunction – Suspended sentence – County court failing to serve suspended sentence order in required form – Judge activating suspended sentence when dealing with subsequent breaches of injunction – Whether judge in error – Whether sentence manifestly excessive
• Cousins v Cousins [ 2001] 2FLR 701 (CA) – Sentencing for breach of non-molestation injunction
• The Governor and Company of the Bank of Scotland v Jones and another [1992] – Application for permission to appeal in mortgage possession action

Cases of note

• R v B – dispute between unmarried couple regarding ownership of a substantial property where the conveyancing solicitors incorrectly completed the TR1 – widely reported in the national press.
• A -v- A  – financial remedy case involving valuable property in UK held offshore, disputed assets overseas in the millions and overseas property in the names of the parties’ children.
• N -v- N  – financial remedy case involving numerous EIS investments and complex arguments as to post-separation accrual.
• D -v- D – financial remedies case involving disputes regarding a family company buying back the wife’s shares and whether minority discounts should be applied to share values.
• B -v- B  – property dispute between 2 brothers and their mother over the timing for disposal of a property in the UK co-owned by the 3 parties and occupied by 2 of them the other being overseas.

 

Career

Year of call 1981.

Memberships

• Family Law Bar Association
• Association of Lawyers for Animal Welfare (ALAW)
• Associate Member of Resolution

Education

• (1981) Middle Temple
• (1979) BA(Hons) Law – Anglia Ruskin University
• (1980) Bar exams
• (1985) LLM (Lond.) (Shipping & Company Law)