Simon Browne-Wilkinson QC

Called to the Bar 1981
QC 1998

Academic background:

BA Jurisprudence, Magdalen College, Oxford

Main areas of expertise include:

  • All areas of commercial law
  • International Arbitration
  • Fraud
  • Professional Negligence
  • Insurance and Reinsurance
  • Employment
  • Banking
  • Private and Public International Law

Court Experience:

Very extensive experience of substantial international arbitration.

Extensive experience in the law of banking.

Extensive Chancery experience including land law.

Specialises in civil fraud including, in particular, injunctive relief relating to allegations of fraud.

Wide experience of commercial litigation of all types.

Extensive experience of employment law, including both in Employment Tribunals and the High Court.

Particular expertise in the enforceability of restrictive covenants, and injunctions relating to industrial disputes.

Partnership

Professional Discipline

Professional Negligence, in particular relating to solicitors and accountants.

Public International Law:

In 2005 acted for the Government of India in a multi-million dolllar arbitration pursuant to a Bilateral Investment Treaty, and has advised in relation to sovereign immunity issues.

Arbitration cases

Acted for:

Electronic Arts SA in an ICC arbitration relating to Italian distribution rights.

The Government of India in an UNCITRAL arbitration pursuant to a Bilateral Investment Treaty against Bechtel, Enron and GEC relating to the Dabhol Power Plant.

A Nigerian telecoms company in two arbitrations relating to a management agreement and call charges.

Gave evidence as an expert witness on English law in a Stockholm arbitration relating to an oil supply agreement.

Gave evidence as an expert on English Arbitration law in proceedings in India relating to an aircraft lease.

Recent reported cases in the Commercial Court on the operation of the Arbitration Act 1996 include:

Econet Wireless Ltd v. Vee Networks Ltd (discharge of injunction granted to support an arbitration).

Vee Networks Ltd. V. ESS (jurisdiction of arbitrators to consider a defence of set off).

Vee Networks Ltd v. EWI (award set aside on the grounds of unfairness in the conduct of an arbitration).

Aviation cases:

Gatewhite Limited v. Iberia, and Holmes v. Bangladesh Biman Corporation (House of Lords).

Banking & Finance cases:

Lloyds Bank v. Rosset

Box and Others v. Barclays Bank, Israel Bank (in liquidation).

Chancery cases:

Prestige Properties Limited v. Scottish Provident Institution (the operation of the Land Registration Act).

Lloyds Bank v. Rosset (constructive trusts and overriding interests).

Civil Fraud cases

In 2006 and 2007 obtained the discharge of search and seize and worldwide freezing orders on the ground of non-disclosure, and the discharge of an injunction preventing the completion of a billion dollar transaction on the ground of non-disclosure.

2006 acted for a Nigerian telecoms company in a very substantial arbitration concerning allegations of fraud and breach of fiduciary duty.

2005 for the Government of India in a multi-million dollar arbitration against Bechtel, Enron, and GEC involving allegations of fraud.

Reported fraud cases:

R. v. Central Criminal Court Ex.p Guney (House of Lords)

Simon Engineering Plc v. Butte Mining

Ernst & Young v. Butte Mining

Hornsby v. Clark

Kenneth Leventhal, GDVC v. Koshy

Box v Barclays Bank.

Professional negligence cases:

Acted for Freshfields in Paragon Finance Plc v. Freshfields (professional negligence and privilege).

Professional Discipline cases:

In 2008 acted for the Executive Counsel of the Accountants’ Joint Disciplinary Scheme in relation to complaints against Ernst & Young arising out of its audits of Equitable Life.

Appointments:

Recorder

Past member of the Professional Conduct Committee of the Bar Council.