Simon Clegg
Call: 1980
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Banking & Financial Services Profile

Simon has extensive experience of banking litigation. He is annually noted in Chambers and Partners as a leader in commercial litigation in which banking litigation undertaken by him is mentioned. Chambers and Partners has described Simon as having "exceptional knowledge" of banking law. After developing a practice in Birmingham, Simon spent three years working as a solicitor at what is now known as Herbert Smith Freehills, Sydney, conducting high value commercial and insolvency litigation before returning to Birmingham and developing his current practice. He regularly appears and advises in relation to banking disputes, on behalf of clearing banks and lending Institutions, both where claimant and defendant. He also acts for individuals and companies in such disputes. Security issues and matters arising are regularly the subject of such advice and litigation. He also has extensive experience of asset finance and issues which arise in relation to it, both outside and within the ambit of the Consumer Credit Act, not only in the context of litigation but also in a more commercial context; he has on many occasions been involved in advising in relation to agreements and other documents and drafted them. Simon is regularly involved in applications for freezing relief and subsequent litigation tracing assets. He is also an accredited mediator and has mediated a number of commercial disputes.

  • What-the-Directories-Say

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      • "He's quite a senior junior – he clearly knows his stuff and has very good people skills. You know you're in safe hands with him." - Chambers UK 2019
      • “Very calm and client focused.” - Legal 500 2019
      • "He's very knowledgeable and thorough." Chambers UK 2018
      • "Extremely versatile and helpful, with excellent knowledge of banking law." "A very solid and unflappable performer who inspires confidence in clients." "A very steady performer who doesn't get fazed in the heat of battle." Chambers UK 2017
      • "He is a good advocate, clear and very experienced. He has good client-handling skills." Chambers UK 2015

  • Recent-Experience

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      • Claim by finance company for £650,000 said to be due on stocking finance agreement.
      • Bank claim for £1.5 million with defences including undue influence and duress.
      • Claim for possession of in excess of 50 properties and £2.5 million. Defence contending that transaction an unfair credit bargain. Appeal from decision of District Judge who disposed of the matter summarily.
      • Claim for sums due under various asset finance agreements with defences including sale at an undervalue.
      • Various claims by banks for sums due from customers and for possession of properties both for bank and customer.
      • Various claims on guarantees for both guarantors and those with the benefit of the guarantee.
      • Claims relating to sale of financial products including issues arising under the Financial Services and Markets Act.
      • Issues relating to the appointment of Law of Property Act receivers.
      • Issues relating to the construction of security documentation and the enforceability thereof.

  • Reported-Cases

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      • Ansari v Ansari, Birmingham Midshires and others intervening [2010] Fam. 1 [2009] 3 W.L.R. 1092[2009] 3 W.L.R. 1092 [2009] 1 P. & C.R. DG11 [2009]1 FCR 722.
      • Wright v HSBC Bank plc [2006] All ER (D) 270 (Jun)
      • Murphy v HSBC Bank plc [2004] All ER (D) 211 (Mar). Claim for negligence against bank in relation to lending

  • Specialist-Areas

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  • Qualifications-and-Appointments

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      • LLb (Hons) University College London

  • Professional-Associations

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      • Commercial Bar Association
      • Midlands Commercial and Chancery Bar Association