Simon Harding

Biography

Simon has represented clients in many fast track and commercial/chancery division cases. In 2017, he appeared in the case of Zavahir & anor v Shankleman & ors [2016] EWHC 2772 (Ch), defeating an application to bring a derivative claim. In 2018, he represented in a data theft case, mediating the case to a successful conclusion. He has represented several individuals/companies directly who were accused of breaching covenants.  Both cases settled on favourable terms to his client without going to Court with undertakings and mediation. In 2020, he appeared in what was listed as a 10-day trial for an Indian bank against defaulting guarantors for $20m worth of bank loans. 

Director Misfeasance/Insolvency Claims 

Simon has worked multiple cases concerning attacks on directors and former directors by insolvency practitioners.  This seems to be a rising trend. He had a case in January 2022, (against senior counsel) for 10 days in the Chancery Division representing a former director of a company who sold the assets of a company but was sued a few years later by the liquidators for the shell claiming undervalue transactions. 

In 2017, over 8 days, Simon represented a former director who was sued for over £1m by an insolvency practitioner making many wide ranging allegations including wrongful trading. Most failed but for a few on the usual bugbear for small companies, lawful declaration of dividends and director loans.

Mergers and Acquisitions/Corporate Governance documents

Simon tends to deal with clients directly in this area, usually early on in a potential acquisition. He advisee on heads of terms/LOIs and whether they are needed. He also undertakes the legal due diligence process, negotiate variations to the heads and then draft the Share Purchase Agreement (or asset agreement). He is also able to arrange and undertake the completion process and advise on creative deal structuring from earn outs, work ins, delayed consideration, balloon payments and of course leveraged buy outs.  

He has experience in £1 transactions as well as ‘no money out of pocket’ structures. 

Simon understands lawyers can often break deals and so aims to work very quickly on documents to keep the deal momentum. He advises on the risks but is also aware of the broader, bigger picture that an acquisition may fall into. He has a competitive fee structure and will consider part or full contingency arrangements depending on the client. 

However, equally important is making sure the SPV with its shareholders is set up right and so he also helps clients with shareholder agreements. For more complex cases, he works with a team including commercial property solicitors and accountants. 

Simon helps draft joint venture agreements, employment contracts, policies and procedures, re-does articles of association and prepares ancillary corporate governance documents.