Listed in the 2012 edition of Chambers and Partners’ Chambers UK as a leading individual for dispute resolution.
Listed as a leading individual in the 2011 edition of The Legal 500 UK.
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Simon Garbett
Partner
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Simon heads up the commercial disputes team in Birmingham. Simon’s practice is global in scope and includes both public and private sector clients. His main area of expertise involves commercial litigation, arbitration and dispute resolution (including mediation), regularly acting for banks, corporates, housing associations/registered social landlords, NHS trusts, local authorities, central government departments and universities. Simon handles a wide variety of automotive disputes, commercial contract claims (including supplier disputes), defamation cases, employment disputes (breach of restrictive covenants and confidential information), insurance and negligence claims (including nuisance cases), judicial review matters, product liability, public procurement and PFI disputes, sale of goods act cases, warranty claims arising out of Housing Stock Transfers and corporate litigation matters (including fraud, shareholder and warranty claims). He has also represented commercial and government clients in a significant number of successful mediations. Simon is a qualified Solicitor Advocate, with rights of audience in the higher courts.
Representative Experience
- Acting in defence of a £15 million liquidated damages and loss of revenue claim by a major European carrier for the allegedly late delivery of allegedly defective lie flat business class seats for installation into the airline’s fleet of A330-300 and A340-300 aircraft.
- Acting for a major high street clearing bank in respect of retail banking disputes, including pursuing multimillion pound professional negligence claims, advising on recovering payments made by mistake, fraud issues and the defence of a portfolio of 160+ PPI disputes with customers arising from the alleged mis-selling of those products.
- Representing the UK subsidiary of a US head-quartered staffing/workplace management solutions company on a multimillion pound dispute following a sale and purchase.
- Advising a residents action group over a private nuisance class action against a poultry rendering plant.
- Advising on a range of disputes between logistics companies and manufacturers, retailers and service providers concerning logistics and warehouse services, including theft of goods.
- Acting for a Fortune 500 corporation which was seeking injunctive relief against one of its suppliers preventing it from destroying and damaging jigs, templates and machine tooling, together with an order for delivery up of that tooling.
- Acting for a government department in relation to a number of contractor disputes and restitutionary claims arising out of the foot and mouth outbreak in 2001.
- Advising a pharmaceutical client in respect of a circa £15 million tax litigation claim against HMRC for recovery of allegedly overpaid and under recovered VAT.
- Acting for a food retailer in defence of a claim for alleged breach of a franchise agreement with an independent retailer involving allegations of fraudulent/negligent misrepresentation.
- Acting for a government department in its investigation of potentially unauthorised and irregular practices by a company delivering its Warm Front Scheme to alleviate fuel poverty, including dealing with the NAO.
- Advising an automotive client in respect of an exiting employee who breached his garden leave and post-termination restrictions, as well as his alleged misuse of confidential information, when departing to a major competitor.
- Acting for a major corporate client in respect of a complex product liability claim concerning an electrical switchboard which had exploded after installation at a factory in South Wales involving multi-parties and their insurers, including allegations of flawed design, negligent manufacture and installation.
- Acting for a facilities management company in respect of a claim for breach of confidence arising out of a failed joint venture with one of its competitors who self-delivered the FM services with the benefit of our client’s information.
- Involvement in the resolution of a dispute concerning a major IT outsourcing project between our plc client and a central government department which had run into difficulties.
- Acting for a utility company in respect of its defence of Mining Code claims for substantial compensation by a quarry owner for sterilisation of mineral as a result of pipelines built across their sites.
- Acting for a number of local authorities on warranty disputes arising from housing stock transfers to the private sector.
- Acting in an advisory capacity to a local authority on a range of issues arising out of a schools PFI project.
- Acting for the specialist claims management division of a FTSE 250 company in defence (and eventual satisfactory settlement) of a £1 million arbitration claim, which was commenced to determine the proper construction of an obligation contained in one of its major contracts.
- Representing a Fortune 500 company in respect of a US$250 million claim against it arising out of its investment in a Western style executive housing development in the People’s Republic of China. The claim was struck out before trial.
- Advising a public body in claims involving allegations of misfeasance in public office.
- Advising a local authority on allegations of unauthorised and irregular conduct in outsourcing of Council services.
- Advising a Police authority on a dispute concerning a large scale mobile telecommunications contract.
- Acting on a high profile judicial review claim by a student challenging a decision of the University’s Guild of Students to suspend certain privileges of the Evangelical Christian Union.
- Advising on potential action by a University to prevent passing off by a local business school recruiting Chinese students and teaching them on University premises.
- Handling defamation and disability discrimination claims, including recovery of costs from the Equality and Human Rights Commission.
- Advising clients on a wide range of Bribery Act issues, including training of key staff.
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Education
University of Leicester, LPCUniversity of Birmingham (UK), CPEUniversity of Birmingham (UK), BA
Admissions
England and Wales,
1998
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