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Simon Redmayne

Simon is a commercial and chancery litigator. Whilst he advises on transactions, he is usually called upon when a dispute has arisen or is about to arise. His aim is to identify with his clients the strengths and weaknesses of their position and the options and solutions available to them. Having identified with his clients their requirements, Simon is able to use the litigation process as a means of achieving those requirements, be it through negotiation, mediation or litigation and trial. Simon also works as a mediator.
Simon Redmayne Simon Redmayne
Simon practised in London before moving to EA Law - East Anglian Chambers in 1991. He receives instructions (mostly from within East Anglia) in a wide variety of subject areas within the broad range of commercial and chancery litigation including the following:
  • Contested probate (including Inheritance Act claims)
  • Banking and mortgages (in particular, undue influence)
  • Contract Law and Commercial Law
  • Trusts (including jointly-owned property, constructive and resulting trusts)
  • Restitutionary and tracing claims
  • Land disputes (including restrictive covenants, boundaries and easements)
  • Professional negligence
  • Building and construction
  • Employment (concerning: breach of contract, restrictive covenants and claims concerning breaches of fidelity, fiduciary duties and conspiracy)
  • Insolvency
  • Public procurement contracts
Simon’s practice inevitably includes a number of claims where allegations of fraud are made and where the need may arise for relief by way of Freezing Order and Search Order or other urgent interlocutory relief.  He is a member of the Chancery Bar Association.



What others say:

“He is absolutely fantastic and unbelievably intelligent.”

“Exceptionally able, accessible and approachable and on top of the detail.”

"Simon possesses that all too rare quality of being able to address his legal colleagues, communicate with clients and provide advice in clear unambiguous language. He is a positive and compelling advocate. His focus is, at all times, on achieving the best possible outcome for the client and his pragmatic and common sense approach in matters ranging from complex commercial disputes through to contentious probate claims is always well received."



Chambers & Partners UK Bar Rankings - 2017 & 2018 - Ranked Barrister

Commercial Dispute Resolution : In 2017 Simon’s strengths were identified as “a very good barrister: good with clients, good on his feet, and mediator-qualified” and “he is very thorough and commercially minded”. In the 2018 edition Simon is recommended for being adept at handling both commercial and chancery matters, “extremely experienced, extremely helpful, and good with clients” and “very thorough and commercially minded”.

Trusts and Property Litigation : In 2017 recommended as a highly respected advocate, “he is absolutely fantastic and unbelievably intelligent” and in the 2018 edition as a highly respected advocate, “very clever and takes great pride in his work” and “an excellent barrister and an excellent mediator.”



Legal 500 UK Bar Rankings - 2014, 2015, 2016 & 2017 - Recommended Leading Individual - Commercial, Banking, Insolvency and Chancery Law

Simon has for many years been recommended in The Legal 500 as a top tier leading junior barrister.  In the 2014 edition he was recommended for being “astute and imaginative” and being part of a “strong set with excellent local knowledge. He can steer complex and acrimonious matters towards resolution”.  In 2015 Simon was recommended for “...having a superb bedside manner” and in 2016 for having “a pragmatic approach and [being] a real problem solver.” In the 2017 edition Simon is described as having “strong legal understanding and an acute grasp of the human condition”.



Education:

BA (Jurisprudence), Worcester College, Oxford


Articles by Simon Redmayne:
Costs Budgeting
Co-ownership and Relationship Breakdown


Associated News:
EA Law - East Anglian Chambers Listed in Legal 500
 



Cases:

Taylor v Burton [2015] EWCA Civ 142 - confirming the “subject to contract” principle that it was open to either side, at any time before the entry into such a formal contract, to withdraw from the negotiations; and, moreover, counsel’s agreed tendering of a draft form of order on behalf of the parties did not evince an intention on their part to expunge the “subject to contract” qualification.

Costar UK Limited v James George Low, Jasmine Consultants Limited, Red Leads Limited (in liquidation), Darren Frostick [2014] EWHC 1262 (Ch) - a rather unusual decision to the effect that not only does a non-party have standing to be heard on an application to join him as a party but, more importantly, if he neither consents to being joined nor attends the hearing at which the application for joinder is heard, he is at risk on costs.

White Digital Media Ltd v Weaver [2013] EWHC 1681 (QB) - confirming that post-employment restrictive covenants were unenforceable unless the restriction was for the protection of the employer’s legitimate business interests and that the restriction extended no further than was reasonably necessary for the protection of those interests; the whole of the restrictive covenant in a non-compete deed was unenforceable because it tried to restrain the employee from being involved in a competing business as a shareholder or in any other capacity.

Markou v Goodwin & Others [2013] All ER (D) 329 (Nugee J) - the will of the elderly testator found to be invalid for want of testamentary capacity by reason of an underlying dementing illness and occasions of acute confusional state in connection with two hospital admissions before and after the making of the will.

Simpson v Norfolk and Norwich University Hospital NHS Trust [2012] 2 WLR 873 (CA) - assignment/champerty: establishing that a cause of action in tort for damages for personal injury is a “legal thing in action” within the meaning of s136 of the Law of Property Act 1925 and capable of assignment; but that as a matter of public policy the court would not recognise an assignment of a bare right to litigate in the absence of the assignee having a legitimate interest justifying the assignment.

Hewett v First Plus Financial Group plc [2010] 2 P&CR 22 (CA) - undue influence: explaining undue influence in the context of the obligation of “candour and fairness” between certain parties to a transaction (in this case husband and wife).

Re. Key (deceased) [2010] 1 WLR 2020 (Ch D) - testamentary capacity and knowledge and approval: involving a development of the Banks v Goodfellow test so as to take into account “decision-making powers” rather than just “comprehension”.

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