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Fenwick Elliott LLP

Work 020 7421 1986
Fax 020 7421 1987
Dubai, London

Simon Tolson

Work +44 20 7421 1986
Fenwick Elliott LLP

Work Department



Since 1986 Simon has specialised in construction and engineering law and the disputes generated by the industry including for more nearly 20 years many arising in the process engineering field. For more than 30 years Simon has prepared and run major cases at senior level including 18 major reported cases in the High Court (Technology and Construction Court) and Court of Appeal. His matters range from the very largest process engineering and construction project disputes in the UK and overseas. These include various petrochemical and process plants, power stations, reservoirs, waste to energy facilities, high voltage electrical apparatus disputes, telemetry, oil and gas terminals, mines, pipelines, wind turbines etc. Litigation and dispute related work has included many major building projects including Heathrow Terminal 5, the Great Eastern Hotel, Wembley Stadium, White City, Stratford City, NHS Healthcare PFI/SPV disputes, Nuclear implicated jetty and disputes over the engineering of data centres, HVDC power cables, mining contracts, gas turbines, shell and core condensers. There is little in the contentious construction/engineering business he has not been involved with. Simon has worked on nearly all established derivates of main and sub-contracts such as JCT, ICE/ NEC, MF/1, FIDIC, IChemE, GC/Works and Prime Contracting models as well as numerous bespoke forms of EPC contract etc. Simon has lectured extensively for most of the major conference symposia and at universities such as Cambridge, Aston, Ulster, Loughborough and Reading and appeared on many recorded construction programmes and webinars. Simon is also a visiting lecturer at King’s College London MSc in Construction Law & Dispute Resolution and a supervisor on MSc dissertations.


Senior partner Fenwick Elliott since 2002, made a partner 1989; qualified February 1987; trained at Cozens & Moxon. Before training in the law, Simon laboured on construction sites for Goslings, John Laing and Lesser Design & Build.


Past Chairman and current Honorary President of The Technology and Construction Solicitors’ Association, Committee Member of the Society of Construction Arbitrators; Member of The Law Society; Fellow of the faculty of Building; Liveryman of the Worshipful Company of Arbitrators; Member of the Society for Construction Law; Member of the Dispute Resolution Board Foundation, Member of the Society of Computers and the Law. Member of the TCC User Group since 2010.


Strode’s College, Egham; University of Hertfordshire; College of Law, Guildford.


Committed petrol head, biker, renovator of property, furniture and machines, family and travel

London: Projects, energy and natural resources

Infrastructure (including PFI and PPP)

Within: Infrastructure (including PFI and PPP)

Clients describe Fenwick Elliott LLP as 'excellent on all fronts - outstanding response times and a thorough understanding of performance-based PFI give this firm a crucial advantage'. The 'knowledgeable, responsive, thorough and helpful' Simon Tolson heads the infrastructure practice which primarily focuses on disputes across the full project life cycle. A major construction company appointed a team led by Tony Francis as part of a joint venture to advise on the contracts with the operator and local authorities with regards to the construction of a tram network in England, and Richard Smellie represented an international state-owned hydro power, engineering and construction in ICC arbitration proceedings arising from a planned city development in the Middle East. Ted Lowery is 'an accomplished and diligent disputes lawyer' and another key contact alongside Nicholas Gould who specialises in construction disputes. The team recently expanded through the hire of three associates and the promotion to partner of Lyndon Smith .

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London: Real estate


Within: Leading individuals

Simon Tolson - Fenwick Elliott LLP

Within: Construction

'An excellent specialist firm¬†with¬†real depth of expertise in the¬†field, both in UK litigation and international arbitration‚Äô,¬†the construction practice at Fenwick Elliott LLP¬†has been expanding, with three new associates and¬†four¬†promotions¬†in the past year. Simon Tolson¬† leads the contentious team. Richard Smellie¬†comes very highly recommended:¬†‚Äėsecond to none‚Äô, with ‚Äėhuge experience of international arbitration, and a sure touch with tribunals‚Äô. The ‚Äėhighly experienced¬†and¬†focused‚Äô Tony Francis¬†is¬†‚Äėalways to the point on the advice¬†given‚Äô,¬†regularly advising¬†on PFI disputes and large-scale civil and process engineering projects including rail,¬†road, water, waste to energy and wind farms.¬† Thomas Young¬†is¬†‚Äėindefatigable,¬†always on top of the detail, and a¬†shrewd thinker‚Äô, and Andrew Weston¬†brings¬†‚Äėa wealth of experience...and a sensible and commercial head‚Äô.¬†Jatinder Garcha¬†and David Bebb¬†lead on the non-contentious side. Garcha specialises in the renewable energy sector and the energy from¬†waste sector (PFI and non-PFI). Ted Lowery¬†is also recommended, recently advising on contractual ambiguities for a German contracting company specialising in the construction of alternative energy power plants. Associate Edward Colclough¬†is also recommended.

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