Simon Davenport QC is a senior commercial and chancery silk who specialises in commercial disputes, civil fraud, insolvency, international arbitration and professional negligence cases both domestically and internationally (and in particular for Russian/ClS clients). He has been described as “a first-rate silk” and a “fearless advocate”.

A trusted QC and widely acclaimed as a leading silk the Legal 500 in Civil Fraud, Insolvency and Commercial Litigation. Client testimonials cite him as “a leader of choice”, “a strong, fearless and brilliant advocate” who ” is loved by his clients for his commitment to their cause”.

Simon was appointed joint Head of Chambers with Jeffrey Golden in April 2018.

Expertise

Simon has extensive experience in both domestic and international civil fraud with a particularly significant track record in cases involving Russia. He has become one of the go-to silks for Russian oligarchs when multi-billion pound deals have gone wrong.

Simon has acted for major liquidators on fraud cases and he has encountered a wide breadth of tax fraud for HMRC and liquidators. These cases have included high value MTIC/carousel frauds, failed tax scheme frauds, Ponzi schemes, excise duty frauds, corporation tax frauds and negligible tax value schemes.

His experience also extends to terrorist, gangland and extortion cases involving fraud by organised crime.

Simon has a particular knowledge of claims, including claims potentially running to in excess of £300 million, arising from Libor-rigging events and from related interest rate hedging product sales. He also has a particular interest in similar claims arising from Forex-rigging, and has developed substantial market knowledge in this context

Notable Civil Fraud cases


Devon Commercial v Barnett

Defence of two insolvency practitioners (receivers) in a collusion to take a sale at an undervalue of a factory. A two week trial in the Chancery Division.


IV fund and related litigation

This involved two cases interrelated to allegations of fraud in investments by Russian parties (the victims) where the UK party is alleged to have been defrauding circa £30 million.


Feeney v NatWest and others

This involved a Bribery/mis-selling case. It settled for the claimant client.


National Trust bank v Yurov

Assistance with pre-trial for one of the three former directors of National Bank Trust, one of Russia’s largest retail banks, against whom claims valued at over US$1 billion are being made in the Commercial Court as a result of the allegedly dishonest management of the bank. The claim was heard at a nine-week trial in late 2008 and was listed as one of The Lawyer’s Top 20 Cases of 2017/18. $1.4 billion fraud.


Drelle v Motylev

This is a fraud investment case between two Russian individuals relating to Russian and CIF companies.


Gorbachev v Gorbachev

These involved two large fraud investigation cases of a value of over $1.5bn


Sychev v Gorbachev

Similar to the Gorbachev case above, an extensive fraud case in excessive of $70m


Confidential

This case relates to a Channel Islands Russian conspiracy case relating to patents, this consisted of advisory work.


Confidential

Concerns of fraud within a company that has been heavily invested in. An extensive forensic exercise and Shareholder pressure.


NGM v Phillip Wallis & ors

Acting for the Defendants in a six week trial in a £30-£50 million claim. The case dealt with fraud and conspiracy to remove a Patent for developing ‘can-float’ property technology.


AM Holdings Limited v Henderson Global Investors Limited

Successfully obtained an order for pre-action disclosure in the Chancery Division on behalf of the claimant, in relation to the purchase of the Leadenhall Triangle portfolio of properties in June 2011 for £188 million.


Devon Commercial Property v. Barnett and Belcher

Relating to fraudulent conduct allegation relating to factory units, on behalf of Defendant Fixed charge receivers.


Simon’s practice incorporates commercial work in both the Chancery Division and the Commercial Court, and he advises on various international aspects of Commercial and Insolvency Law, examples include: 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.

He is able to advise on all aspects regarding the Bribery Act and, in particular, compliance

In commercial actions he has considerable experience of acting in Russian/CIS and Anglo-Indian trade contracts.

He conducts arbitrations as both advocate and arbitrator. He was recently appointed an LCIA arbitrator in an international money exchange claim and has been nominated in a Russian v Russian LCIA commercial reference. He conducted a shipping arbitration (export of steel) as an advocate, Foreign Exchange (Forex) contracts (Open and Closed Forwards) and issues relating to the terms of Letters of Credit.

Notable Commercial cases


One Blackfriars Ltd

Acting for the claimant liquidator in a £250m claim against the former administrators of One Blackfriars for, amongst other things, selling the landmark building at an undervalue. The longest virtual hearing to take place in July 2020.


IV fund and related litigation

This involved two cases interrelated to allegations of fraud in investments by Russian parties (the victims) where the UK party is alleged to have been defrauding circa £30 million.


National Trust bank v Yurov

Assistance with pre-trial for one of the three former directors of National Bank Trust, one of Russia’s largest retail banks, against whom claims valued at over US$1 billion are being made in the Commercial Court as a result of the allegedly dishonest management of the bank. The claim was heard at a nine-week trial in late 2008 and was listed as one of The Lawyer’s Top 20 Cases of 2017/18. $1.4 billion fraud.


Gorbachev v Gorbachev

These involved two large fraud investigation cases of a value of over $1.5bn.


Confidential

Concerns of fraud within a company that has been heavily invested in. An extensive forensic exercise and Shareholder pressure.


BACOL v T&T

This case is under the CARCOM treaty in the Caribbean Court of Justice (CCJ) and are claims of discriminatory payments out of investments/policies in the English-speaking Caribbean, arising out of the collapse then bailout of CLICO insurance and investment company.


CLICO v T&T

Challenge to the emergency powers used by the Trinidad government and the central bank of Trinidad and Tobago in relation to the nationalisation of CLICO. Commercial Judicial review and action to restore in effect the privatisation of a nationalised company.


Simon conducts arbitrations as both advocate and arbitrator. He was recently appointed an LCIA arbitrator in an international money exchange claim and has been nominated in a Russian v Russian LCIA commercial reference. He conducted a shipping arbitration (export of steel) as an advocate, Foreign Exchange (Forex) contracts (Open and Closed Forwards) and issues relating to the terms of Letters of Credit.

Notable International Arbitration cases


CIS v RCC – LCI

An arbitration relating to a Siberian copper – gold mine and the D authorisation policies of Russia; BVI third-party company, Western investor in participation agreement/investment in strategic asset in Russia.


KGPPL

An extensive arbitration relating to Uganda/California subsoil investment.


Simon Davenport QC is a noted Insolvency silk, the head of the Insolvency team at 3 Hare Court. He represents most of the leading insolvency practitioners in all forms of insolvency actions as well as appearing for directors and individuals. He has far-reaching experience of both trials and interlocutory work with frequent applications relating to freezing and search orders and all forms of interlocutory relief.

 

Notable Insolvency cases


One Blackfriars Ltd

Acting for the claimant liquidator in a £250m claim against the former administrators of One Blackfriars for, amongst other things, selling the landmark building at an undervalue. The longest virtual hearing to take place in July 2020.


Baha Mar Resort Development

Successfully obtaining dismissal of US Bankruptcy Proceedings after being granted pro hac vice rights of audience to appear as Co-Counsel at the hearing in Delaware,USA.


Coventry & others v Lawrence and another

Acting as an intervener in the much-awaited and ground-breaking Supreme Court costs appeal considering whether to strike-down CFAs under the Access to Justice Act (‘AJA’) scheme.


National Trust bank v Yurov

Assistance with pre-trial for one of the three former directors of National Bank Trust, one of Russia’s largest retail banks, against whom claims valued at over US$1 billion are being made in the Commercial Court as a result of the allegedly dishonest management of the bank. The claim was heard at a nine-week trial in late 2008 and was listed as one of The Lawyer’s Top 20 Cases of 2017/18. $1.4 billion fraud.


 

 

Notable International cases


Baha Mar Resort

Simon was granted rights of audience to appear as Co-Counsel to dismiss bankruptcy proceedings in Delaware, USA.


BACOL v T&T

this case is under the CARCOM treaty in the Caribbean Court of Justice (CCJ) and are claims of discriminatory payments out of investments/policies in the English-speaking Caribbean, arising out of the collapse then bailout of CLICO insurance and investment company.


CLICO v T&T

Challenge to the emergency powers used by the Trinidad government and the central bank of Trinidad and Tobago in relation to the nationalisation of CLICO. Commercial Judicial review and action to restore in effect the privatisation of a nationalised company.


Notable Media cases


Kenny Rogers

leading Guy Tritton. Representing Mr Rogers in a meaningful copyright case. The case settled very favourably and total protection of rights were achieved. This case was part of a UK/US joint litigation.


Simon regularly acts in professional negligence actions including solicitors, valuers, insurance and other brokers, and accountants and insolvency practitioners.

 

Notable Professional Negligence cases


KMR v Forsters

A £75-200 million professional negligence action in relation to a missed oil opportunity/share transfer (Commercial Court and Court of Appeal) which involved a petition to the Supreme Court on the effect of an earlier settlement clause.


AM Holdings v Batten & Page

A case against administrators for professional negligence in (i) a failure to keep a company as a going concern on a Lehman loan on collapsing values and (ii) a sale at an under value. Claims circa £100 million.


Moya v Begbies Traynor

A claim arising out of the mishandling of a payroll company’s remaining funds being used fraudulently.


John North v Forsters

A claim of solicitors’ professional negligence for mishandling a defence to a commercial action.


Devon Commercial v Barnett

Defence of two insolvency practitioners (receivers) in a collusion to take a sale at an undervalue of a factory. A two week trial in the Chancery Division.


Hutchinsons v St Paul Insurance

Successor practice disputes; the successor test in the indemnity insurance rules; dispute around whether San Diego Federal Credit Union v Cumis Insurance was expressly rejected by Brown v Guardian Royal Exchange.


Simon is able to accept instructions directly from members of the public, companies and other entities through the public access scheme (also known as direct access).  Simon has acted, advised and drafted pleadings and documents for a number of individuals and small and medium sized businesses on a direct access basis. He is happy to accept instructions on a direct basis in appropriate cases. If you wish to instruct Simon on a direct basis, please speak to the clerks.

For more information on public access, please see the Bar Council website.

"He is proactive and client-friendly." "A good advocate." - Fraud: Civil

Chambers and Partners 2021

"He is proactive and client-friendly." - Chancery: Commercial

Chambers and Partners 2021

‘A top class advocate. He is at his best when making submissions in Court.’ - Leading Silks - Commercial litigation

Legal 500 2021

‘He is extremely knowledgeable.’ - Leading Silks - Professional Negligence

Legal 500 2021

‘He has the ability to deal gently and compassionately with clients yet fight for them.’ - Leading Silks - Insolvency

Legal 500 2021

‘A great advocate with great knowledge’ - Leading Silks - Offshore

Legal 500 2021

‘Dynamic and energetic.’ - Leading Silks- Fraud: Civil

Legal 500 2021

“His strength is that he never thinks a small argument is a bad argument, he can always help. His uniqueness is not that he is a barrister who only delivers your papers to a judge; he helps at the beginning of a case and is always willing to assist in strategy building of the case."

Chambers & Partners 2020

"A hard-working and affable counsel, who is great with both professional and lay clients from around the world". "Judges and arbitrators appreciate his clear and concise drafting, coupled with his compelling and convincing advocacy".

Chambers & Partners 2019

‘Fearless and effective at cross-examination. ’ Commercial Litigation ‘A tenacious advocate with a key understanding of how business actually works. ’ Fraud Civil ‘Easy to work with; robust and good on his feet and commands the courtroom. ’ Insolvency ‘He is extremely knowledgeable.’

Legal 500 2019

For Help or Advice…


Please contact us either by telephone: +44 (0)20 7415 7800 or email: clerks@3harecourt.com

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