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Simon Clegg

Year of call:
2005
Education:
2003
University of Leeds, LLB
2005
Nottingham Law School, BVC
Career:
2004
Pupil at Sovereign Chambers (to Mark McKone)
2005
Tenant at Sovereign Chambers
2015
Sovereign Chambers becomes Park Square Barristers
Appointments:
2008
Trainer of Expert Police Witnesses (drugs & counter-terrorism)
2009
Attorney General's List of Approved Counsel
2012
CPS Advocate Panel Environment Agency Advocate Panel Health & Safety Executive Advocate Panel
2013
Advocacy Trainer for the North Eastern Circuit CPS Advocate Confiscation Panel
2014
Assistant Junior of the North Eastern Circuit
2015
Grade-3 prosecutor
2018
Grade 4 Prosecutor Attorney General's Regional Panel - B Panel
2019
List B of the Panel of Specialist Regulatory Advocates Judicial appointment to the First-Tier Tribunal - Immigration & Asylum Chamber
Memberships:
North Eastern Circuit

“A very good lawyer who can be trusted to do an excellent job.” – The Legal 500 (2020)

“He is very good at the analysis, his written work is always excellent and his approach is very persuasive and pleasant.” – Chambers and Partners (2020)

“Composed and level-headed.” – The Legal 500 (2019)

“He is a very diligent and precise lawyer.” – The Legal 500 (2017)

Simon specialises in representing insurance companies in claims where fraud is suspected or explicitly alleged. He also undertakes contempt proceedings on behalf of insurance companies when cases are of such gravity that a prison sentence should follow.

His multi-track fraud work includes road traffic claims, employer liability, travel sickness and occupier liability. Simon regularly acts in high-value credit high litigation and also in complex fraud-ring cases. Simon’s caseload also includes operations in which hire companies and claims management companies are added to proceedings.

Example cases:

EUI v Globenet – Simon acted for EUI (Admiral) in a fraud ring consisting of 367 parties and 136 policies which were incepted fraudulently. The claims were defeated in a succession of trials and proceedings were ultimately brought against a claim management company which had featured repeatedly in the litigation. A positive finding of fraud was made against the management company which had paid money to participants on both sides of the ‘accidents’. The Court imposed the highest ever award of exemplary damages in a road traffic insurance fraud case.

Z v EUI – Multiple collisions and claims were consolidated on the basis that they bore strikingly similar circumstances and links between the parties. A number of innocent motorists were targeted on busy slip-roads upon which claimants would execute sudden and dangerous braking manoeuvres in order to induce collisions. Findings of fraud were made and costs orders followed.

Examples of his Contempt proceedings in the High Court include:

Parmar – a wholly fictitious accident involving a claimant who asserted in a County Court trial that he was injured and suffered extensive vehicle damage. With the police and CPS declining involvement the insurer undertook contempt proceedings and the High Court imposed a sentence of 12 months imprisonment.

Dodds – one of the parties to a contrived collision confessed to an insurer that the alleged accident did not happen. Instead, a group of men had met in a car park and deliberately collided the vehicles into one another then used a crow-bar to aggravate the damage. The High Court imposed sentences of 6 months and 4 months imprisonment upon the men who launched false claims.

Bilal – the claimant to a personal injury claim was a paralegal in the government legal department and a trainee solicitor. The insurer learned that the claimant’s legal career included representing the person who had allegedly collided into him causing an accident. After a three day hearing the High Court found the parties were linked and had conspired to bring fraudulent claims. A sentence of 8 months imprisonment followed.

Contact Simon’s clerks

Francine Kirk on 0113 202 8605

Talia Webster on 0113 213 5207

Patrick Urbina on 0113 213 5250

“A very good lawyer who can be trusted to do an excellent job.” – The Legal 500 (2020)

“He is very good at the analysis, his written work is always excellent and his approach is very persuasive and pleasant.” – Chambers and Partners (2020)

“Composed and level-headed.” – The Legal 500 (2019)

“He is a very diligent and precise lawyer.” – The Legal 500 (2017)

Simon Clegg is a very popular and busy junior practitioner who is regularly instructed in cases of serious and complex fraud as well as murder and violence. He is a Grade-4 prosecutor and is regularly instructed by a number of prosecuting authorities, such as the CPS (including the Department of Rural, Health and Welfare), HMRC, Central Fraud Group North, the Health & Safety Executive, the Department for Business, Innovation & Skills and the Environment Agency. Simon also specialises in confiscation proceedings and is instructed by the Proceeds of Crime Unit.

Notable Cases

  • R v Kay – led by Richard Wright QC. Trial of a murder from 1994 of a Bradford pensioner following a cold case review and new DNA testing techniques.
  • R v Rose – led by Peter Moulson QC. Allegation of murder based on the doctrine of transferred malice following a stabbing during an arranged street fight.
  • R v M – successful prosecution of practicing barrister who had failed to pay income tax and national insurance for over a decade.
  • R v Moon & others – led by Craig Hassall. Large scale importation of non-duty paid cigarettes from Ireland and Europe leading to lengthy custodial sentences.
  • R v C – s22 application for the reassessment of available assets under POCA 2002. The respondent received compensation following his acquittal on appeal for murder but had been the subject of a previous confiscation order for drug trafficking offences. The Crown Court revisited the confiscation order and increased the available amount.
  • R v Thompson & others – led by Craig Hassall. Former police officers conspired to import 6 million cigarettes leading to longest sentences ever imposed for this type of offence.

Contact Simon’s clerks

Andrew Thornton on 0113 213 5202

Gina Hawkins on 0113 213 5205

Rebecca Wilson on 0113 213 5203

Hannah Dempsey on 0113 213 5211

Elaine Foster-Morgan on 0113 213 5217

Robyn Nichol on 0113 213 5253

 

Ranked Tier 1 for Construction, Planning and Environment. – The Legal 500 (2020)

Ranked band 2 for Environment – Chambers & Partners (2020)

Leading Junior in 2017’s Legal 500 for Regulatory and Health & Safety

Specialist Regulatory Advocate (B List)

A very good lawyer who can be trusted to do an excellent job” The Legal 500 (2020)

“He is very good at the analysis, his written work is always excellent and his approach is very persuasive and pleasant.” – Chambers and Partners (2020)

“Composed and level-headed.” – The Legal 500 (2018)

“He is a very diligent and precise lawyer” – The Legal 500 (2017)

Simon Clegg prosecutes and defends in serious cases brought by Fire & Rescue Authorities, the Environment Agency, Health & Safety Executive and local authorities. He often provides pre-charge advice in relation to complex and large-scale operations which lead to proceedings in the Magistrates, Crown and High Court. Recent cases include:

R v APD: Prosecution under the Regulatory Reform (Fire Safety) Order 2005 in respect of a block of student flats which posed a risk to human safety. This case also included charges for a health and safety consultant who provided an incompetent fire assessment report.

R v JJCE: Illegal depositing of construction waste on kettle ponds leading to the death and destruction of a European protected species of newts.

R v A & Others: Led by David Brooke QC in ten-handed prosecution relating to the illegal depositing of waste.

R v Douglas: Prosecution of waste activities culminating in a large fire which led to parliamentary involvement.

R v C Ltd: Defence of company following serious injury at workplace involving chainsaw being used up a tree.

R v B: Defence of landlord in relation to dangerous residential premises.

R v Atkinson: Prosecution of incompetent and unlicensed gas-fitter who created risk of carbon monoxide poisoning.

R v Letterbox: Prosecution of company following serious injury caused by unguarded machinery.

Since 2012 Simon has been a panelist advocate for both the EA and HSE. Simon has experience of private prosecutions and is often instructed to advise upon the merits of potential prosecutions at an early stage.

Inquests

Simon also undertakes inquest work, and his cases have included:

  • Driver in police pursuit killed in multi-vehicle RTA
  • Death of dockworker due to health & safety failures of employer
  • Teenager misdiagnosed by GP.

 

Contact Simon’s clerks

Madeleine Gray on 0113 202 8603

Patrick Urbina on 0113 213 5250

“A very good lawyer who can be trusted to do an excellent job.” – The Legal 500 (2020)

“He is very good at the analysis, his written work is always excellent and his approach is very persuasive and pleasant.” – Chambers and Partners (2020)

“Composed and level-headed.” – The Legal 500 (2019)

“He is a very diligent and precise lawyer.” – The Legal 500 (2017)

Simon Clegg is a popular and busy practitioner who is regularly instructed in high value and complex cases. His role on the Attorney General’s list of advocates has seen Simon undertake further employer and occupier liability work as well as non-freezing cold injuries. He also undertakes cases based purely on arguments about costs. He regularly provides training to insurers and law firms on a range of PI and related topics.

Inquests

Simon also undertakes inquest work, and his cases have included:

  • Driver in police pursuit killed in multi-vehicle RTA
  • Death of dockworker due to health & safety failures of employer
  • Teenager misdiagnosed by GP.

Lectures and Seminars

  • Credit hire and taxi firms
  • The enforceability of credit-hire agreements
  • Chen Wei & Veolia – what it all means for the future of credit hire
  • Road Traffic Act & Article 75
  • Part 14 Admissions and recent developments
  • Credit hire overview – Bent & Pattni update
  • Indemnity, Declarations & Article 75
  • Part 20 update
  • Part 36 withdrawals – rules and case law
  • Appeals, procedure and Ladd v Marshall

Notable cases

  • Fryett v Dale – led by Andrew Lewis QC in a case of catastrophic injury arising from a road traffic accident
  • C v Mid Nottinghamshire NHS Trust – led by Andrew Lewis QC in a clinical negligence case
  • P v Mid-Yorks Hospital NSH Trust – clinical negligence from the failure to diagnose a birth defect
  • Morton v Wakefield MBC – Human Rights Act claim against child-safety procedures
  • W v A&P Tees Ltd – Fatal-accident claim on behalf of child dependents
  • Avis v Morgan – Appeal on jurisdiction of English courts over accident in Scotland
  • Smith v Burney – Appeal on admissibility of internet spot-hire rates.

Contact Simon’s clerks

Francine Kirk on 0113 202 8605

Talia Webster on 0113 213 5207

Patrick Urbina on 0113 213 5250

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