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RPC

TOWER BRIDGE HOUSE, ST KATHARINE'S WAY, LONDON, E1W 1AA, ENGLAND
Tel:
Work 020 3060 6000
Fax:
Fax 020 3060 7000
DX:
600 LONDON CITY
Email:
Web:
www.rpc.co.uk

Simon Hart

Tel:
Work 020 3060 6671
Email:
Web:
www.rpc.co.uk/people/simon-hart
RPC

Work Department

Commercial disputes.

Position

Simon is a litigation partner and Head of Financial Disputes. He specialises in banking disputes, financial markets litigation and regulatory investigations. He has advised in capital markets matters involving derivatives, structured products, hedging arrangements and collateralised debt obligations. He regularly advises on disputes arising out of loan facilities, trade finance and financial restructurings. He has acted for a wide variety of clients including hedge funds, HNW investors, financial institutions and insolvency office holders.

Simon also has wide experience of multi-jurisdictional litigation arising out of complex fraud and asset tracing. In regulatory enforcement, Simon has conducted a large number of corporate investigations of both a domestic and cross-border nature relating to FCA enforcement and anti-corruption.

Career

Trained Wilde Sapte (now Dentons); qualified 1996; associate Wilde Sapte 2002; senior associate Richards Butler (now Reed Smith) 2002-05; partner Richards Butler 2005-12; partner RPC 2012. Publications of note: Simon is a contributor to the third edition of ‘Banking Litigation’ published by Sweet & Maxwell.

Member

Simon is an officer of the International Bar Association Litigation Committee.

Education

Leeds Grammar School; Durham University, BA (Hons) 1989-92; College of Law, York Dip (Law) 1992-94.


London: Dispute resolution

Banking litigation: investment and retail

Within: Banking litigation: investment and retail

'One of the best firms for a client up against a big financial institution', RPC's conflict-free practice is able to act against investment banks for parties such as European regional banks, pension funds, hedge funds, other asset managers, and the investment vehicles of high-net-worth individuals. Representative work for the 'sound, concise, precise and effective team' includes disputes involving corporate bonds, hybrid products and complex structured investment products as well as disputes involving loan facilities and fraud; and the practice has experienced increasing amounts of insolvency and restructuring work. It acted for Cypriot company MountainPeak Trading, a wholly- owned subsidiary of German company Adler Real Estate, in its claim against Citibank in the English High Court for damages arising from an alleged overpayment under a facility agreement; the case raises interesting issues regarding the law of duress in a commercial setting. Department head Tom Hibbert 'must be about the best litigator around when going against a bank'; Simon Hart 'really knows his subject'; and Andy McGregor is 'a high- class performer'. Davina Given and Parham Kouchikali are also highly regarded. Jonathan Cary returned to London from the Hong Kong office and Chris Ross was made partner. Alan Williams is a key senior associate.

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Commercial litigation

Within: Commercial litigation

In addition to handling mainstream commercial disputes work, RPC fields a number of specialist contentious teams covering banking and finance, commodities, tax, employment, real Estate, IP, IT and insurance along with international arbitration, construction, competition and media. The team acted for Ingenious Media Holdings, a media production and finance company (and related companies and directors), in High Court claims brought by a large number of investors; the claims relate to alleged losses said to arise from investments into various film production partnerships and investors' ability to claim sideways loss tax relief. Commercial disputes head Geraldine Elliott has particular expertise in handling warranty claims, shareholder and joint venture disputes, and asset and financial recovery; and Tom Hibbert is global commercial disputes head. Simon Hart, Andy McGregor, Tim Brown, Rupert Boswall, Davina Given, and Parham Kouchikali and Stuart Shepherd are also key practitioners, while Jonathan Cary returned to the London office from Hong Kong. The key senior associates are Daniel Wyatt, Charlotte Henschen (née Ducker) and Matthew Evans.

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London: Finance

Commodities: physicals

Within: Commodities: physicals

RPC's international trade and commodities practice, which is part of the broader commercial disputes group, is built around key partner Stuart Shepherd, who has 'an encyclopaedic knowledge of shipping and commodities law and practice; his knowledge is exceptional and invaluable'. 'He is one of the stand-out lawyers in this area - very experienced, and really at the top of his game; clients flock to him and trust him because he is one of the best', remarks a client. He recently acted for crude oil trader Dukkar in a $2.5m Commercial Court claim against a Greek refiner and oil storage provider arising from the contamination of a cargo of fuel oil. Consultant Jonathan Wood leads the firm's international arbitration practice and frequently handles international trade matters including bilateral investment treaty claims. For Vallis Commodities Limited he handled a $20m case arising from the theft of a consignment of rice from a warehouse in Liberia during the recent ebola outbreak. Litigation partner Simon Hart, who focuses on banking, fraud and asset tracing matters, also plays a key role in the practice.

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Legal Developments by:
RPC

  • Cancelling insurance: insolvency and downgrade clauses

    One of the most common concerns for both parties to an insurance contract (including reinsurance) is that the other party might become insolvent and unable to perform its obligations under the contract. Both insurer and insured will therefore wish to have the right to cancel the insurance mid-term in the event of the other party’s insolvency, or a change in its financial circumstances that makes its insolvency a more likely prospect in the near future.
    - Reynolds Porter Chamberlain LLP

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