Simon Davenport practises largely in the Chancery Division, having a very extensive Insolvency and Commercial practice. He has handled very large fraud including tax fraud cases including £2.5billion worth of MTIC (carousel fraud) claims in one year alone as well as recoveries in all manner of liquidations and bankruptcies. This has also led him to be involved in substantial VAT tax appeals.
He represents many of the leading insolvency practitioners in all forms of insolvency actions as well as appearing for directors and individuals. He has enormous experience of both trials and interlocutory work with very frequent applications relating to freezing and search orders and all forms of interlocutory relief.
He advises on various international aspects of Insolvency and Commercial Law, recent examples being: advising on the position relating to British litigation against the Icelandic banks, the Icelandic Moratoria and the Treasury Freezing Orders and Licenses; representing US companies with UK assets resisting pursuit by English liquidators; the investigation of Panamanian and Bahamian Trust assets as part of a masking operation within a complex fraud; a trust claim within the Lehman Brothers Administrations and litigation including considering a negligence claim against administrators arising out of a huge value Ponzi scheme.
Prior to his appointment as Queen's Counsel he was recommended as being one of the Leading Insolvency Juniors at the Bar in the Legal 500.
His practice crosses over into commercial work both in the Chancery Division and the Commercial Court as well as in Arbitration proceedings, including LMAA Arbitrations. He has recently conducted trials relating to Foreign Exchange (Forex) contracts (Open and Closed Forwards) and a shipping arbitration (export of steel) and issues relating to the terms of Letters of Credit. He is conducting several commercial court actions including one relating to ferry engines. In commercial actions he has considerable experience of acting in Anglo-Indian trade contracts.
He has represented the biggest companies in the travel industry for many years in commercial and common law cases.
He conducts directors’ disqualification proceedings, minority shareholders’ petitions and company control disputes. He has recently represented Respondents in a linked minority shareholders action and breach of fiduciary duty cross claim which lead to a long trial and conclusive success for his clients with indemnity costs awards.
He also undertakes appellate work in the Judicial Committee of the Privy Council. This includes a wide range of appealsfor both Petitioners and Respondents (including various States within the Caribbean). A recent example is a Company Appeal in Jamaica involving the disposal of a sale of a large asset during ongoing proceedings.
He has started working for Russian clients and has a very substantial appeal pending in the Court of Appeal.
In December 2009 he was appointed to the Serious Fraud Office approved list of Queen's Counsel, the appointment is for 3 years.
He has lectured widely and written articles on Insolvency Law; he has advised HMRC internally as to ways in which to improve recoveries.
