FacultyFaculty/Author Profile
Simon  Clarke

Simon Clarke

Herbert Smith Freehills LLP

London, , GBR


Simon is a highly experienced commercial litigator whose practice focuses on the banking and financial services industry.

Simon advises banks and financial services organisations on claims and regulatory issues including contractual disputes, derivatives, structured products, prospectus liability, banking confidentiality, investment management and advice, product mis-selling, and internal systems and controls. He has advised clients on a range of regulatory and internal investigations. He has acted in professional negligence claims against financial advisers and law and accountancy firms.

Simon’s cases have involved proceedings in France, Italy, the Netherlands, Singapore, Switzerland and the United States. He is an accredited mediator with the Centre for Effective Dispute Resolution.

Credentials

  • a sub-syndicate of lenders in its successful claim for declarations relating to the interpretation of the 'waterfall' provisions in The Gherkin's financing documents
  • Credit Suisse in its successful High Court proceedings against Stichting Vestia for the recovery of the Early Termination Amount payable under various interest rate derivatives
  • UBS in High Court proceedings arising from a credit default swap
  • a major investment bank in connection with a claim arising from a synthetic collateralised debt obligation transaction
  • RBS in respect of supervisory investigations and litigation following the near collapse and government bail-out of RBS in October 2008
  • Rabobank in major litigation in the English and New York courts arising from a structured finance transaction involving Enron
  • Coopers & Lybrand Singapore in defending proceedings against the company following the collapse of Barings Bank

Accolades

  • The "technically gifted" Simon Clarke is highly respected by peers and clients alike for his commercial approach and significant experience in high-profile banking disputes. Peers note his intellect and say he is "a good opponent - one to be taken very seriously." 

    Chambers UK 2016

  • Recommended as a 'Leading Individual' in Banking Litigation – Investment and Retail Simon Clarke ‘provides exceptional advice’.

    Legal 500 UK 2015
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