Simon
Bradshaw

Head of Civil Team | Called 2008 |
Public Access Accredited

Simon Bradshaw

Background

Growing up in Surrey, Simon studied electronics at Imperial College, London, before serving as an Engineering Officer in the Royal Air Force. Having become interested in law he obtained an LLB via the Open University, and on leaving the RAF he obtained an LLM and qualified for the Bar before working at Queen Mary University of London and then undertaking pupillage at Cornwall Street under Peter Cooke (now HHJ Cooke).

Simon practices in a range of areas concerning disputes over money and property, ranging from business to personal and family cases. With a strong engineering and science background he is in demand for cases that require the ability to grasp technical issues or complex expert evidence. He is also frequently instructed in commercial, partnership and family cases where there is a large volume of background financial evidence to assess.

In 2021 Simon took on the role of Head of Cornwall Street’s Civil Team.

Education and qualifications:

  • Called 2008 (Middle Temple)
  • MSc Forensic Engineering and Science, Cranfield (2020)
  • LLM Intellectual Property and Information Technology Law, Edinburgh (2009)
  • LLB, Open University (2008)
  • MSc Satellite Communications Engineering, Surrey (1997)
  • MEng Electrical and Electronic Engineering, Imperial College (1990)

Simon‘s expertise

Business and Property

Simon is instructed regularly in cases regarding contract disputes, trusts of land, partnerships,

Cases:

S v B (2021). Successful claim for declaration of partnership, dissolution of partnership due to misconduct, and account for unmatched contributions to establishment of the partnership business.

N v F (2019). Adverse possession claim turning on the issue of ‘effective occupation’ of shared land. Successfully opposed challenge to registration of land.

K v K (2018). Claim for interest in matrimonial property where the central issue was whether the parties had severed a joint tenancy by conduct during divorce where one spouse died before the divorce was concluded.

Roberts v Countryside Residential (SW) Ltd [2017] UKUT 386 (LC). Acted for respondent landlord in appeal against service charge determination, and successfully opposed a wide range of grounds of appeal relating to the validity of service charge demands and the interpretation of lease terms. The online judgment can be found here.

R v B (2017). Partnership dispute regarding property development project, where the main issue was whether an informal settlement involving and witnessed by community members and recorded in writing was binding on the parties.

Q v A (2016). Claim regarding existence and extent of resulting trust over property purchased 40 years previously with funds provided by one party but in name of another who had since died.

Euro Securities v Barrett and ors [2003] EWHC 51 (Ch), [2023] Ch 279. Acted for the defendants in this notable case dealing with the validity of execution of deeds. Judgment online at https://www.judiciary.uk/judgments/euro-securities-finance-ltd-v-barret-and-others/

A v H (2023). Acted for the Claimant in a factually complex dispute, with strongly-contested evidence, as to the division of commercial property between two estranged brothers.

Travis Perkins v Bambhra [2022] EWHC 138 (QB). Acted for the claimant in successfully obtaining strike-out of the defences to a claim under a personal guarantee. Judgment online at http://www2.bailii.org/ew/cases/EWHC/QB/2022/138.html

Technology and Construction

The nature of Simon’s work in technology claims means that most settle before trial or even issue. His ability to assimilate and present technical evidence has assisted him in negotiating settlements in cases relating to product liability or breach of contract in matters as diverse as furnace linings and specialist flooring installation.

In order to further develop his expertise in this area Simon recently completed an MSc in Forensic Engineering and Science, involving specialist study in materials failure, fire and explosion investigation, engineering failure analysis, detection of forgery, air accident investigation and forensic ballistics. He is developing his experience of coronial work and inquests and is particularly interested in cases involving fatal accidents at work.

Cases:

Bellis v Sky House Construction [2023] EWHC 1473 (TCC​). Acted for the defendants in successfully opposing a challenge to adjudication. Judgment online at https://www.bailii.org/ew/cases/EWHC/TCC/2023/1473.html

Insolvency, Insurance and Tax

Simon is frequently instructed in insolvency cases, and has extensive experience in disputes relating to the validity of personal guarantees.

Cases:

Scandinavian Log Cabins Direct Ltd v HMRC [2016] UKFTT 563 (TC): Successful appeal establishing that supply of kits for construction of a prefabricated cabin should be zero-rated for VAT. The online judgment can be found here.

Media and IP

Simon advises and represents clients in disputes relating to copyright, trade marks, passing off and misuse of confidential information. He has taught intellectual property law at the University of Exeter and BPP.

Simon has a developing practice in defamation law and has successfully represented clients in libel claims in the High Court.

As part of his recent MSc in Forensic Engineering and Science Simon studied the investigation of fakes and forgeries in artwork and cultural heritage, and carried out a detailed research project regarding the provenance of an oil painting. He is accordingly very interested in cases involving art disputes.

Cases:

Summerfield Browne v Waymouth [2021] EWHC 85 (QB). Obtained strike-out or summary judgment in respect of the majority of the defendant’s defences, and damages of £25,000 for a defamatory review of the claimant firm of solicitors. The online judgment can be found here.

Family Finance

Simon acts in divorce financial remedy cases with assets of several million pounds. He is frequently instructed in disputes involving family business assets and has experience of cross-examining expert witness forensic accountants regarding business valuations. He is also very experienced in acting for intervening family members, including farming partnerships and cases with multi-generation funding of matrimonial homes. Simon has a good success rate in achieving settlement of financial remedy claims at FDR.

Simon has a particular interest in divorce cases involving Armed Forces pensions and similar early-payment pension schemes and is experienced at making clear and persuasive submissions on the special treatment that should be accorded to such pension schemes when making pension sharing orders.

Cases:

H v H (2021). Acted for intervening member in family farming partnership to protect that party’s interest in land that was at risk of court-ordered sale.

K v K (2021). Financial remedy dispute with issues of husband’s interest in quasi-partnership business and valuation of a specialist business complicated by Covid-19.

K v N (2019). Acted for intervening parent in family dispute to successfully establish beneficial interest in family home; successful in resisting appeal relating to alleged procedural issues relating to interpretation.

U v U (2017). Successful Barder appeal to increase award to wife when husband’s deliberate frustration of order for sale would have caused him to receive a larger share of assets.

C v C (2021, 2023). A long-running and complex financial remedy case involving a specialist family business, multiple properties, and significant difficulties in implementation of the court’s initial order that resulted in the final order having to be amended.

Professional Memberships
  • Chartered Engineer and Member, Institution of Engineering and Technology
  • Affiliate, Chartered Society of Forensic Sciences
  • Chancery Bar Association
  • Midlands Chancery and Commercial Bar Association
  • West Midlands Family Bar Association
  • Public Access Accredited
  • Deputy District Judge
  • Specialist Business and Property Courts Deputy District Judge
Interests and Hobbies

Simon enjoys weight-training and baking (the former to help offset the latter) and likes to engage in practical hobbies such as woodwork and model-making. Although far from a natural linguist, he is very slowly learning both Russian and Welsh. Between 2017 and 2020 he combined his interests in science, technology and law by undertaking an MSc in Forensic Science and Engineering with the Cranfield Forensic Institute, with his dissertation being on the technical analysis of an oil painting of unknown provenance.