Simon is a Partner in the Banking team.
Working with banks and alternative finance providers with the recovery of commercial loans and facilities, Simon is experienced in dealing with complex, high value cases involving obstructive, elusive and vulnerable debtors. He is a specialist in non-standard secured commercial loan agreements and in disputes arising out of property finance, bridging loans and asset finance arrangements.
Advising on secured and unsecured liabilities, asset tracing or preservation, tactics for avoiding a facility falling into negative equity, and on recovery options where a charged asset has been removed from the jurisdiction.
Simon works alongside insolvency firms who have been appointed to manage lender-initiated administrations, fixed charge and LPA receiverships, liquidations and bankruptcies. He also works with well-known commercial lenders who look to him for debt recovery and dispute resolution advice and for help drafting unusual or unconventional finance agreements.
Recent examples of how Simon has supported clients include:
- persuading the partner of a defaulting borrower with mental health problems to agree to the voluntary sale of a property in order to avoid a negative equity situation arising;
- locating and securing the return from Italy of a £300,000 coach, charged to our lender client under an asset finance arrangement, by persuading the UK courts to make a rarely sanctioned creditor’s administration order;
- recovering possession of a property occupied by vulnerable members of a borrower’s family whose existence had not been disclosed to our client at the time a £700,000 commercial loan was approved; and
- securing full repayment of monies owed to two associated lenders by a company under a part-secured, part-unsecured credit facility in circumstances where registration of a third-party charge threatened to make recovery of the unsecured element virtually impossible.