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Chambers of Mark Howard QC and Helen Davies QC

7-8 ESSEX STREET, LONDON, WC2R 3LD, ENGLAND
Tel:
Work 020 7379 3550
Fax:
Fax 020 7379 3558
DX:
302 LONDON CHANCERY LANE
Email:
Web:
www.brickcourt.co.uk

Simon Salzedo QC

Brick Court Chambers (Chambers of Mark Howard QC and Helen Davies QC)

Position

Simon Salzedo QC is a leading advocate and adviser who is accessible, user-friendly and commercially minded. Simon is recommended by the legal directories for Commercial Dispute Resolution, Banking and Finance, Civil Fraud, Professional Negligence and Insurance & Reinsurance work. He has extensive experience of jurisdiction disputes and all forms of injunctive relief.


As a qualified Chartered Accountant (FCA) Simon is frequently involved in commercial cases calling on his financial, accounting, audit and tax experience (including breach of warranty and fraud claims following corporate acquisitions). Simon is lead author of Accountants’ Negligence and Liability and sits as a legal chairman of FRC disciplinary tribunals.

As joint author of the leading practitioner work on conflicts of interest and confidential information, now in its 5th edition, Simon has specialist knowledge in that field and frequently advises professionals (especially lawyers) and their clients on conflicts issues.

As well as Court work, Simon regularly appears in arbitrations under LCIA, ICC and other rules and is recommended by the directories for International Arbitration work. He is joint author of an annotated guide to the Arbitration Act 1996 and a contributor to an annotation of the 2013 SIAC Rules. Simon also has substantial experience in the enforcement of both judgments and arbitration awards, including jurisdictional aspects, having represented the successful claimants in two major international enforcement battles: Masri and Nomihold.

Reported cases:

Playboy Club London Ltd v Banca Nazionale del Lavoro SpA [2016] 1 WLR 3169

Erste Group Bank v JSC (VMZ Red October) [2015] 1 CLC 706

Barclays Bank v Grant Thornton [2015] 2 BCLC 537

Simmons & Simmons v Hickox [2014] 3 Costs LO 311

Terna v Bin Kamil Al Shamsi [2013] 1 Lloyd’s Rep 86, [2013] 1 All ER (Comm) 580 (challenge to arbitration award)

Generics (UK) Ltd v Yeda Research and Teva Pharmaceuticals [2013] Bus LR 777, [2013] FSR 13 (injunction, conflicts of interest, confidential information, in house lawyer)

Standard Life v Ace and others [2012] Lloyd’s Rep IR 655 (Eder J) and [2013] 1 All E.R. (Comm) 1371, [2013] Lloyd’s Rep IR 415 (CA) (insurance, mitigation costs, sue and labour, apportionment)

Pegasus v Ernst & Young [2012] PNLR 24, [2012] 2 BCLC 734 (assignment, avoided loss)

Mobile Telesystems Finance v Nomihold [2012] 1 Lloyd’s Rep 6. [2012] Bus LR 1166 (post-award freezing order)

Consolidated Contractors v Masri [2011] UKPC 29, 78 WIR 141 (Bermuda Privy Council appeal, striking out, abuse of process)

JP Morgan v BVG [2010] QB 276 (Teare J) and [2012] QB 176 (CA) (exclusive jurisdiction, Brussels Regulation)

Masri v Consolidated Contractors [2011] CP Rep 20 (committal for contempt, specific disclosure, illegally obtained evidence)

Servier v Apotex [2011] RPC 20 (application of ex turpi policy to damages on cross undertaking)

Joujou v Masri [2011] 2 CLC 566 (receivership order, penal notice against foreign judicial administrators, comity)

Lilly Icos v 8PM Chemist [2010] FSR 4 (damages under cross undertaking and illegality)

Masri v Consolidated Contractors [2010] 1 AC 90 (examination of directors on assets, CPR Part 71, extra-territoriality)

Masri v Consolidated Contractors [2009] QB 450 (receiver over foreign assets, freezing order, affidavits of assets, jurisdiction)

Pegasus v Ernst & Young [2009] PNLR 11 (Lewison J) and [2010] 3 All ER 297 (CA) (limitation and duty of care)

Masri v Consolidated Contractors [2009] QB 503 (anti-suit injunction)

Man v Freightliner v Ernst & Young [2008] PNLR 6, [2008] 2 BCLC 22 (CA) (duty of care)

Charter v City Index [2007] 1 WLR 26 (Chancellor) and [2008] Ch 313 (CA) (knowing receipt, contribution)

Real Estate Opportunities v Aberdeen and UBS [2007] 2 All ER 791 (FSMA, confidentiality)

Masri v Consolidated Contractors [2006] 1 WLR 830 (jurisdiction, Brussels Regulation art.6)

The Happy Ranger [2006] 1 Lloyd’s Rep 649 (Hague-Visby Rules)

Toomey v Banco Vitalicio [2005] Lloyd’s Rep IR 423 (full reinsurance clause)

GE Re v New Hampshire [2004] Lloyd’s Rep IR 404 (film finance insurance)

Man v Freightliner v Ernst & Young [2004] PNLR 19 (duty of care, strike out)

Nima v Deves: the Prestrioka [2003] 2 Lloyd’s Rep 327 (phantom vessel, Marine Insurance Act s.44)

The Travel Insurance Litigation [2003] Lloyd’s Rep IR 412 (binding authority)

DSM Anti-Infectives v Smithkline Beecham [2004] CLC 900 (jurisdiction)

Hamilton v Al Fayed [2003] QB 1175 (non-party costs order)

Equitable Life v Hyman [2002] 1 AC 408 (pensions, bonuses, discretion, implied terms)

Stewart v Engel and BDO Stoy Hayward [2000] 1 WLR 2268 (amendment, limitation, finality of judgment)

Stewart v Engel and BDO Stoy Hayward [2000] 2 BCLC 528 (liquidator, duty of care)

Matrix Securities v Theodore Goddard and another [1998] PNLR 290 (barrister and solicitor negligence)

Career

Called 1995; silk 2011, Lincoln’s Inn; publications: ‘Guide to the Arbitration Act 1996’ (1996), with Richard Lord QC; ‘Conflicts of Interest’ (5th ed 2011), with Charles Hollander QC; Accountants' Negligence and Liability (2016), with Tony Singla.

Member

Institute of Chartered Accountants of England and Wales (FCA).

Education

Trinity School, Croydon; Lowlands Sixth Form College, Harrow; Keble College, Oxford (1990 BA; 2010 MA); City University (1994 Dip Law).


London Bar

Banking and finance (including consumer credit)

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersA top performer.

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Commercial litigation

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersVery proactive and great at managing a large counsel team and driving the case forward.

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Fraud: civil

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersVery adept at cutting through the key issues in complex, fact-heavy cases.

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Insurance and reinsurance

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersExtremely effective in person, on paper and as an advocate.

Within: Insurance and reinsurance

Brick Court Chambers is 'one of the leading sets for insurance and reinsurance work' thanks to its 'range of able counsel', according to clients. Eight members of chambers were instructed on the high-profile Single Buoy Moorings v Zurich Insurance case, where Mark Howard QC, Neil Calver QC, Stephen Midwinter QC, Tony Singla and Fred Hobson played a key role. FRC v KPMG (re Equity Red Star), which examined the alleged deficient auditing of the technical reserves of a Lloyd’s Motor Syndicate, was a notable case for Simon Salzedo QC in which he led Hobson. Meanwhile, Singla was also instructed in Crowden v QBE Insurance, which involved the interpretation and application of an exclusion in a professional liability insurance policy to a claim for mis-selling of financial instruments.

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International arbitration: counsel

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersExtremely smart and hardworking, and good at coming up with imaginative solutions.

Within: International arbitration: counsel

Brick Court Chambers houses an excellent set of barristers, well-versed across a range of areas, including general commercial disputes and BIT claims. Members are involved in several significant disputes and Simon Salzedo QC was among four acting on FSDEA v dos Santos and others, in which they are representing the Angolan sovereign wealth fund in its pursuit to recover control of a $3bn fund from associates of the previous Angolan regime.

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Professional disciplinary and regulatory law

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersA very measured cross-examiner with a fantastic ability to absorb information.

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Professional negligence

Within: Leading Silks

Simon Salzedo QC - Brick Court ChambersHe has a fantastic ability to absorb information.

Within: Professional negligence

Brick Court Chambers is an 'exceptional set with truly superb counsel at all levels'. It is noted for its experience in high-profile cases involving film finance investment schemes, as well claims involving auditors, solicitors, brokers and financial services professionals. Tom Adam QC appeared for Ernst & Young in Alton v Ernst & Young, a claim alleging that negligent advice was given to wealthy individuals regarding a film finance, tax-management opportunity. Simon Salzedo QC and Tony Singla defended Grant Thornton in Manchester Building Society v Grant Thornton, a £50m claim for negligent auditing.

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