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Practice Summary

Simon Colton QC undertakes a broad range of commercial litigation and arbitration. He has substantial experience in very large-scale and multi-jurisdictional litigation, often involving complex questions of jurisdiction and conflicts of laws and foreign law issues.  He has particular expertise in audit negligence, and in the fields of civil procedure, damages, and the law of economic torts, frustration of contracts, and restitution for unjust enrichment.

Recent high-profile cases include ENRC v Serious Fraud Office in which Simon leads a large team acting for the Serious Fraud Office; Sabbagh v Khoury where Simon acted for the claimant between 2013 and 2020; Castle Water Ltd v Thames Water Utilities Ltd where Simon leads a team acting for Thames Water; and AssetCo plc v Grant Thornton in which Simon has appeared for Grant Thornton at first instance and in the Court of Appeal.

Simon's recommendations by Chambers and Partners in Commercial Dispute Resolution include: [2020] "Has the ability to produce detailed and compelling drafts at great speed." "He is very bright, very responsive, and just a really good person to have on board."; [2018] "He's a real expert in the law of restitution and is very user-friendly", "He displays excellent written work and advocacy skills, and is brilliant at dealing with the client"; [2017] “Exceptionally intelligent and incisive, he's versatile and a talented communicator", "A fantastic team player who gets to the heart of issues with speed and clarity" . Simon is also recommended by the Legal 500 in Commercial Litigation: [2018-19] ‘An excellent junior silk who represents the next generation.’; [2017] "Thoroughly brilliant; a persuasive advocate and a nice man to deal with"; [2016] “Clever, efficient, nimble and a delight to work with; he should make it to the very top”.

Simon appears regularly before a range of tribunals, most frequently the Commercial Court and the Court of Appeal, either alone or as part of a team.  He is comfortable working in Italian and in French, and accepts work involving instructions and documents in those languages.

Simon has given expert evidence on English law for the purpose of foreign proceedings conducted in the United States, Israel and Thailand. In addition to written reports, he has been cross-examined in Israel, and deposed in US proceedings. 

Simon was formerly a member of the Attorney-General’s ‘A’ Panel of Junior Counsel, and has continued to appear as Leading Counsel for a range of Government departments in a number of commercial matters.

Simon is a Recorder on the South Eastern Circuit, deployed to sit in family matters, and was Vice-Chair of the Professional Conduct Committee of the Bar Standards Board.

Simon has been the specialist editor of the three chapters on procedure since the 20th (2017) edition of McGregor on Damages, the leading practitioner text.