Simon Redmayne BA (Oxon)

Simon is a 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, he is able to use the litigation process as a means of achieving those requirements, be it through negotiation, mediation or trial.

Simon practised in London before moving to Norwich in 1991.  Being based in Norwich he does not specialise in any particular area of substantive law.  Instead, he continues to receive instructions (mostly from within East Anglia) in a wide variety of subject areas.  Simon is recommended by Legal 500 as "a good all-round commercial litigator".  He has the experience, the knowledge and the skills to provide a service in the broad range of civil litigation.

By way of indication, in addition to the core area of contract & commercial work, Simon acts in the following subject areas:

• banking and mortgages (in particular, undue influence)
• contested probate (including Inheritance Act claims)
• trust work (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 (including discrimination claims)
• insolvency

His 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.

Recently reported cases

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”

Simon also works as a mediator.  He trained with and is accredited by ADR Chambers (UK) Ltd.