Byrom Street Chambers

“Simon Myerson QC bridges the commercial – civil border with aplomb.”
Legal 500

CALL	1986 (Middle Temple)
SILK	2003
PRACTICE AREAS	Commercial Litigation Civil Fraud Employment Clinical Negligence Professional Liability Partnership Health and Safety Professional Discipline Defamation Public Law
APPOINTMENTS	Attorney General’s Provincial List (1992) Standing Counsel Inland Revenue (2000) Recorder (2001) Qualified Mediator (2009)
ASSOCIATIONS	HSLA

Commercial

Simon is experienced in all aspects of commercial litigation and has developed his junior practice in silk.

Concluded cases
Dixon v S & N [2002] 4 Comp LR 484. Construction of Beer Order in a case in which the issue was whether the tenant had breached the terms of his tenancy agreement. First time the order had been the subject of judicial consideration.

Abbey Archway v Cooper. Construction of an option agreement for the sale of land in which there were 2 such options, both of which the Claimant purported to exercise and in respect of which the Defendant alleged undue influence.

Flowrite v Masternaut. £1,000,000 claim for breach of contract resulting from a failure to pay for goods supplied, the Defendant claiming that the goods were unfit for purpose.

Garforth Residential v Leeds City Council. Claim against local authority for failure to pay block grant involving construction of the National Assistance Act 1948.

TNT v Somerfield Stores Claim for loss of profits where extension of contract was conditional upon minimum sales figure being reached. Issue of whether figure was reached and whether, if not, the failure was manipulated by the Defendant.

Sample current cases

Claim for c£1m damages in respect of unlawful termination of contract to provide events management.

Claim for extras in building contract where issue is whether the extras were actually done/included within the agreed price.

Civil Fraud

Simon’s commercial caseload, coupled with his expertise in fraud and regulatory work makes him a natural choice for civil fraud work.

Concluded cases
Lawtex v Mothercare. Termination of contract for purported non-compliance with specification and alleged fraud regarding the numbers of items sold and size of claim. Norton Finance v Lifestyle. Action for theft of confidential information and subsequent use thereof.

Re ‘O’. Action for conspiracy against HMRC and 2 police forces regarding their investigation of an alleged fraud and misfeasance in which the Claimant was caught up and suffered enduring mental injury.

The Accident Group v Langford. Acted for Mark Langford, MD of TAG in the claim for freezing of his assets by the company.

Sample current cases
Unfair prejudice petition by ex MD of large company, alleging failure to deal with counterfeit products. Listed for 6 week + trial, January 2011.

Claim by directors of family company alleging unfair diversion of business and profits by co-director via a competing company.

Claim on behalf of company against ex-director for diversion of monies and failure to manage company in its best interests. Listed for trial December 2010.

Employment

Simon’s commercial caseload, coupled with his expertise in fraud and regulatory work makes him a natural choice for civil fraud work.

The Accident Group v Langford. Acted for Mark Langford, MD of TAG in the claim for freezing of his assets by the company.

Sample current cases
Unfair prejudice petition by ex MD of large company, alleging failure to deal with counterfeit products. Listed for 6 week + trial, January 2011.

Claim by directors of family company alleging unfair diversion of business and profits by co-director via a competing company.

Claim on behalf of company against ex-director for diversion of monies and failure to manage company in its best interests. Listed for trial December 2010.

Personal Injury

Simon has long experience in employment work, especially relating to improper use of confidential information and breach of restrictive covenants, but including advisory work on the implementation of new rules and regulations.

Concluded cases
Barnsley Footwear v Masters. Claim by company against former employee for account of profits arising from employee’s new business. Issue as to precise status of Defendant, confidentiality of information and whether information legitimately acquired.

Menage v Nuffield. Claim by doctors wishing to decamp to new private hospital to be released from their contract of services with the existing provider.

Re F. Claim by a taxi company to restrain passing off relating to their name and the recruitment of existing employees by competing business set up by ex-employees.

Re Nuffield. Advice on application and requirements of new nursing homes regulations to large private supplier.

Re X: Advised serving police officer on whether disclosure of adverse judicial finding is compulsory or whether, in the circumstances, the Chief Officer is breaching the agreement for service. Officer reinstated in investigative capacity with disclosure accompanied by explanation of circumstances of finding.

Sample current cases
Advising ex director on whether co-director’s actions amount to repudiation of contract where key financial decisions made in absence of director and where financial information deliberately withheld.

Clinical Negligence

Simon has regularly acted for Hospital Trusts and doctors.

Concluded cases

M v Calderdale and Kirklees Health Authority (formerly West Yorkshire Health Authority) [1998] Lloyd’s Rep Med 157. Health Authority’s delegation of care of patient under S1 NHS Act 1977.

Bancroft v Harrogate Health Authority [1997] 8 Med LR 398. Causation in cervical cancer. Burke v Leeds HA [2001] EWCA Civ 51. What constitutes negligent advice in clinical care.

Sample current cases

Acting for Claimant in claim against GP and hospital for failure to diagnose sarcoma.

Professional Liability

Simon mainly deals with cases involving solicitors, barristers and accountants, often when professionals acts together to administer an estate or as part of a tax planning exercise. He has also acted in cases involving architects and surveyors.

Concluded cases

Del Grosso v Payne & Payne [2007] EWCA Civ 340. Claim against solicitors for negligent advice regarding the purchase of a club. Singer v James Hay. Claim by beneficiary of pension fund against pension trustees, solicitor and accountants regarding pension planning and purchase of annuity.

Sample current cases

Acting for charitable trustees regarding potential misuse of charitable funds by employees as sanctioned by professional advisers who were also trustees.

Partnership

Simon regularly deals with partnership matters, usually involving the dissolution of professional firms, or misfeasance on the part of partners. He also has experience of franchise litigation.

Concluded cases

Scargill v Crank. Claim for an account turning on issue of when the Partnership was dissolved involving close construction of Partnership Agreement.

Re Cheshire. Claim for breach of Franchise Agreement by local franchise holders of national firm, based on deliberate default of franchisor.

Thompson v Shackleton. Breach of Partnership in food business including claims of theft and fraud.

Re C. Claim by one partner against others for conspiring against him to force his retirement, including holding secret partnership meetings and refusing to provide proper access to information.

Sample current cases

Acting for partners in claim against ex-partner alleged to have breached accounting rules and procured resignation rather than expulsion by covering up those breaches.

Acting for partner in claim that ex-partners falsified accounting position of firm in attempt to expel him from partnership and obtain existing assets when partnership dissolved.

Advising solicitor on restrictive covenants and construction of contract as he attempts to extricate himself from his former partners.

Advising solicitor on construction of interrelated Partnership/LLP/LMC Deeds and his entitlement as regards basic share and points.

Health And Safety

Simon deals with criminal cases, advises on the effect of accidents, and deals with civil claims involving damage to property.

Concluded cases

R v Butters. Acted for employee directly responsible for fatal accident at Lightwater Valley in both the Inquest and the criminal proceedings.

R v Next. Prosecuted Next Plc for fatal accident in which employee abseiled from fork-lift truck with inadequate equipment and died when the rope paid out without stopping, causing a fall of about 30m.

Re E MAPPA. Advice on departmental enquiry after offender committed suicide when the subject of supervision.

R v Next plc. Prosecuted Next for fatal accident when lift inadequately specified and maintained.

Sample current cases

Advising commercial enterprise on steps required after drowning on site owned and operated by the company.

Professional Discipline

Simon acts regularly for firms of solicitors being investigated by the SRA. He has advised other professions as diverse as accountants and probation officers, and has advised on the wording of professional rules and guidance, and the setting up of disciplinary proceedings. He has represented numerous police officers via the Police Federation. In December 2010 he completes a 6 year stint on the BSB Conduct Committee and will then be able to resume taking instructions for Barristers.

Concluded cases

Bichard Inquiry. Acted for the Humberside Police Federation in the Inquiry into the Soham murders and made successful representations regarding comments in the Report.

Alder Inquiry. Represented police officers in the IPCC inquiry into the death of Christopher Alder.

Cross Border. Represented 3 officers charged with various offences arising from the Cross-Border investigation.

Re H Probation Service. Advised Probation Service as to disciplinary routes open regarding officer who had failed to complete an adequate OASYS assessment with catastrophic results.

Sample current cases

Representing firm of solicitors appearing before SDT in relation to charges brought arising from the COPD (Miners’ Compensation) scheme.

Advising Customs Officers regarding disciplinary proceedings brought after criminal charges were dismissed.

Defamation

Simon has accepted defamation instructions since taking silk.

Concluded cases

X v Y. Acted for Claimant in a case where Defendant making accusations of criminality and theft from friends. Settled for damages and costs.

Re Solicitors. Acted for 2 firms of solicitors accused in a script of an investigative BBC Radio programme of assisting an offender. Script altered.

Levi v Bates ([2009] EWHC 1495. Acted for successful Claimant in action for libel against Ken Bates regarding the takeover and subsequent management of Leeds United.

Sample current cases

Advising Claimant accused of criminality and deliberately delaying ongoing legal action.

Public Law

Simon has experience in judicial review work arising from criminal cases, local authority decisions and disciplinary proceedings.

Concluded cases

R (on application of Ashton & Fraser) v CC West Yorkshire [2005] EWHC 975 (Admin). Chief Constable’s refusal to stop discipline proceedings after criminal case on same facts stayed as an abuse of process.

R v DPP ex p Duckenfield [1999] EWHC Admin 286. DPP’s refusal to take over and discontinue private prosecution of two most senior police officers in charge at Hillsborough on the day of the disaster.

R (on application of Ross) v Leeds City Council [2005] EWHC 2495 (Admin). Judicial Review of local authority’s refusal to provide financial assistance to children travelling outside the city limits to be educated at faith schools.

R (CPS) v Cambridge Counterclaim. Judge’s ruling that Prosecution no longer allowed to rely on POCA presumptions when Defendant absented herself from confiscation hearing on day 4 of 7.

Sample current cases

Advising firm of solicitors on judicial review based on SRA’s breach of its promise to accept particular pleas in a disciplinary matter.

Advising Training Company on judicial review after local authority refused to list it as an authorised supplier.

Simon Myerson QC
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101

Byrom Street Chambers
12 Byrom Street
Manchester
M3 4PP