Called to the Bar in 1979
Practice Area: Crime
Summary of Experience
In his early years at the bar Simon represented clients in relation to a broad spread of civil and criminal litigation. In the early 1990s he started to do a lot of work for local authorities and since that time his work has been dominated by local authority litigation.
The prosecution of regulatory offences has formed a substantial part of Simon’s practice since the early 1990s. He has conducted hundreds of prosecutions for local authorities, almost all of which have involved strict liability offences including trade descriptions, video recordings, trade marks, package holidays, property misdescriptions, health and safety, food safety, pollution control etc.. A large proportion of these have had dishonesty offences, such as Fraud Act offences, as additional counts.
He has had high rates of success as an advocate for local authorities.
In addition to his regulatory work Simon has conducted a number of civil actions for local and police authorities. He has appeared in many cases in the High Court and Court of Appeal and he has appeared against QCs on numerous occasions. He has conducted Highways Inquiries involving thousands of pages of documents and scores of parties.
Recently, Simon has also undertaken criminal defence and prosecutions including non-regulatory work. Cases have included section 18 GBH (catastrophic injuries) false imprisonment, mortgage fraud, people smuggling, arson and baby snatching.
In addition to his work as a barrister, Simon has sat as a recorder trying a broad spectrum of cases including section 18 woundings, historic sex cases, causing death by driving, robberies, kidnap, false imprisonment, and drugs offences. He has commensurate experience of sentencing and confiscation proceedings.
Simon has received a number of plaudits from the judiciary including “you did it brilliantly” in relation to a complex trade marks prosecution in the Crown Court; “very well presented” (High Court Judge, 2010); “[Simon’s] advocacy stands out as excellent” (Circuit Judge 2011)
Reported cases include the following:
DEVLIN v HALL  R.T.R. 320 – Trade description—‘Trade or business’—Meaning—Trade Descriptions Act 1968 ss 1(1), 2(1)
KENT COUNTY COUNCIL v BEANEY (1993) – Control of Pollution Act 1974 – knowingly permitting deposits of waste on land – evidential inference.  Env L.R. 225
R v PHILIP CHARLES PAGE (1995) – Meaning of “require” in s.29(2) Trade Descriptions Act 1968 covers a person making a false statement under caution to a trading standards officer. – References: Independent, January 29, 1996 : Times, December 20, 1995 Document No.: Case Law – AC0003496
KENT COUNTY COUNCIL v MULTI MEDIA MARKETING (CANTERBURY) LTD & ANOR (1995) – Video clip in a computer game falls within ss.9 and 10 Video Recordings Act 1984 when not exempted under s.2. CRIMINAL LAW – INFORMATION TECHNOLOGY – References: Times, May 9, 1995 – Document No.: Case Law – AC0002405
SCOTT & ANOR v WESTMINSTER CITY COUNCIL (1995) – Local authority’s powers to remove things unlawfully deposited on the highway which cause a danger to the public. – References: (1995) RTR 327: 93 LGR 370: Times, February 7, 1995 – Document No.: Case Law – AC0001982
NATIONAL HOMECARE LTD. v BERKSHIRE COUNTY COUNCIL New Law DC Com 58, July 13th 1996  EWHC Admin 30; New Law DC Can 58 – Section 14 (1)(B) Trade Descriptions Act 1968: effect of continuing statement accurate when first made, but later becoming false
SUNWORLD LTD v LONDON BOROUGH OF HAMMERSMITH AND FULHAM (1999) – Consumer law – criminal procedure – travel brochure : misrepresentation; Trade Descriptions Act 1968. Appeal by way of case stated
R. v KEANE (2001) FSR 7 (CA (CRIM DIV) – Offences contrary to s92(1) of the Trade Marks Act 1994 – construction of statutory defence.
R v PURSEGLOVE  EWCA Crim 2278 – Bootleg CDs; trade mark offences; partnership offences; statutory defences; duplicity. Legislation: Trade Marks Act 1994, ss. 92(1), 92(5), 101(4).
R v READING BOROUGH COUNCIL ats MORRISONS SUPERMARKETS  All ER (D) 67 (Feb) – Sale of tobacco to person under 18 – test purchase – whether covered by the CYPA
Recent Unreported Cases
Recent cases include the following:
R v Marshall, Aylesbuty Crown Court: Prosecution of blackmailing case which the Recorder threw out on a submission of no case to answer. Simon successfully took the appeal against the terminating ruling to the Court of Appeal and the defendant was convicted and sentenced to 5 years’ imprisonment.
R v Dawson, Canterbury Crown Court: Prosecution for Aggravated burglary. The defendant was convicted and received a sentence of 12 years.