Simon Browne-Wilkinson QC (Retired)
Main areas of expertise include:
- All areas of commercial law
- International Arbitration
- Professional Negligence
- Private and Public International Law
Admitted to the Bar of the British Virgin Islands.
Very extensive experience of substantial international arbitration, including acting 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. Has also given evidence as an expert witness on English law in a Stockholm arbitration relating to an oil supply agreement, and 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), and Vee Networks Ltd v. EWI (award set aside on the grounds of unfairness in the conduct of an arbitration). Sits as an Arbitrator.
Banking & Finance
Extensive experience in the law of banking. Reported cases include Lloyds Bank v. Rosset, Box and Others v. Barclays Bank, Israel Bank (in liquidation).
Extensive Chancery experience including land law; reported cases include Prestige Properties Limited v. Scottish Provident Institution (the operation of the Land Registration Act), and Lloyds Bank v. Rosset (constructive trusts and overriding interests).
Specialises in civil fraud including, in particular, injunctive relief relating to allegations of fraud. In 2005 and 2006 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. In 2006 acted for a Nigerian telecoms company in a substantial arbitration concerning allegations of fraud and breach of fiduciary duty and in 2005 for the Government of India in a multi-million dollar arbitration against Bechtel, Enron, and GEC involving allegations of fraud. Between 2008 and 2010 advised and appeared in unfair prejudice and liquidator proceedings in the BVI arising out of the collapse of a hedge fund. In 2011 acted as an expert witness in New York proceedings arising out of the Madoff fraud. Between 2009 and 2012 instructed by the Secretary of State for Justice to advise and act in relation to a substantial claim for conspiracy to defraud. In 2011 and 2012 acting and advising a Nigerian Bank in a claim for £750 million against its former managing director. Reported fraud cases include 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.
Wide experience of commercial litigation of all types
Extensive experience of employment law, including both in Tribunals and the High Court. Particular expertise in the enforceability of restrictive covenants
Has advised and acted in numerous partnership disputes, including arbitrations pursuant to partnership agreements.
Past member of the Professional Conduct Committee of the Bar Council, and advises and acts in relation professional discipline of other professions including, in particular, accountants. Between 2008 and 2010 acted on behalf of the Accountants’ profession in the complaints brought against Ernst & Young arising out of their audits of Equitable Life, and in 2011 and 2012 on behalf of the AADB in various complaints.
Extensive experience in acting for both claimants and defendants in professional negligence actions, in particular relating to the professional negligence of solicitors and accountants.
Public International Law
Acted for the Government of India in multi-million arbitration pursuant to a Bilateral Investment Treaty, and advises in relation to sovereign immunity issues.
Recommendations (Practitioners’ Guides)
“Invaluable strategic input and robust response to opposing claims.” (Chambers & Partners 2012)