Simon Perhar 

Membership Status: Barrister - Full Member

General Information

Practice areas

Simon is highly regarded for his 20 years of expertise in business litigation. His practice covers a broad range of domestic and international commercial work with a particular emphasis on company, insolvency and partnership litigation.

Simon brings common sense to each case to try and achieve a sensible, practical outcome for the Client. Simon is accredited to accept direct access instructions and is CEDR accredited mediator.


Business

Simon can provide advice, advocacy and drafting in the following areas.

Arbitration: Dealing with arbitration hearings arising from all areas of commercial disputes.

Commercial: Dealing with a wide variety of contractual and commercial disputes relating to the supply of goods and services, misrepresentation, restitution, distribution agreements, agency, banking, mortgage agreements, enforcement of guarantees, retention of title agreements, insurance agreements, bailment and professional negligence.

Competition Law: Advising private clients in relation to domestic and EC competition law issues, including damages arising from cartel conduct in Europe.

Company: Representing companies, directors, shareholders and creditors in all aspects of company litigation including applications under the Companies Act 2006, claims in respect of breach of directors’ duties, derivate claims and all types of shareholders’ disputes including unfair prejudice petitions. Acting in Directors’ Disqualification proceedings on behalf of directors.

Cross Border: Simon is instructed to provide advice in a number of jurisdictions. He has considerable experience of issues arising under the EC Insolvency Regulation (including COMI), the Cross-Border Insolvency Regulations 2006, the scope of section 426 of the Insolvency Act 1986 and seeking recognition orders under the Common law where the aforementioned acts do not apply. Simon also has considerable experience advising Office Holders on the validity and accessibility of private wealth trusts.

Insolvency: Dealing with aspects of corporate and personal insolvency including receiverships, administrations, liquidations, statutory demands, bankruptcies, company and individual voluntary arrangements, tracing and recovery of corporate assets, allegations of misfeasance, fraudulent and wrongful trading, insolvent partnerships, transactions at an undervalue; termination of Office holder appointment, substitution of petitioning creditors and supervening applications for administration orders.

Intellectual Property: Dealing with breach of Company intellectual property rights (trademarks & patents) including proprietary software.

Partnership: Representing partners and former partners in all aspects of partnership disputes, including preliminary disputes as to the existence and constitution of partnerships, retirements and evictions, the construction and enforcement of partnership agreements and claims for post dissolution accounts and enquiries.

Interlocutory and Interim Applications: Acting in a wide range of interlocutory and interim applications including freezing and other injunctions, disclosure related applications, security for costs, summary judgment, strike out applications, charging orders and costs related applications.

 

Recent Cases:

Acting for International Bank in relation to asset recovery in the UK jurisdiction against individual with unpaid guaranteed commercial loans over £50,000,000.

Advising parties on arbitration clause and effect on stay on proceedings.

Injunction to restrain winding up petition in relation to a dispute surrounding the sale of a large Country House for £6,000,000.

Advising Office Holder seeking in excess of £8,000,000 Recovery against Directors for making unauthorised distributions when restructuring a company.

Defending a committal application against Director of Company for delivery up of documents in relation to wrongful trading claim worth in excess of £4,000,000


Media & sport

Simon has advised on and conducted numerous hearings for governmental bodies and acted on behalf of Football Clubs and high profile media and sports personalities. He has advised and acted for a number of sporting organisations in commercial claims, disciplinary and doping hearings, footballers’ and agents’ contracts and transfer fees, sports’ sponsorship cases. He also advises on the interpretation of and possible challenges to sports bodies’ rules.


Employment

Acting for both Claimants and Respondent employers in Employment Tribunals, the Employment Appeal Tribunal, County Courts, the High Court and the Court of Appeal. Covering all elements of employment law including discrimination litigation, TUPE and related matters as well as unfair/wrongful dismissal and claims under the Working Time Regulations. Injunctive proceedings to enforce restraint of trade covenants

 

Recent cases:

Simon Perhar wins £127,000 for NHS nurse after successful whistleblowing claim. The trust was represented by James Arnold from Outer Temple Chambers. Click here for article

Acting for multinational telecommunications Company in a Discrimination claim where the claim involved damages to retirement.

Obtaining an Injunction against a former employee who setup a Limited Company and acted as a shadow Director in breach of restrictive covenants.

Acting for a multinational foreign exchange business to defend a £1,000,000 Discrimination claim.

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Simon Perhar

phone01823 247 247



Qualified in 1997