Direct Access Barrister

Simon Justin Cavender

Direct Access Barrister

Simon Justin Cavender

Simon regularly accepts a wide range of instructions to advise and appear in all levels of courts, tribunals, arbitrations, adjudications, and ADRs.

As well as trial advocacy, Simon has wide experience of more complex interim applications, including security for costs, interim injunctions, and committal proceedings.

His drafting and advisory work are held in high regard. Simon’s clients particularly appreciate the clarity and commercial reality of his advice, and he regularly accepts licensed and direct access work.

Area of Law

Chancery

Simon has wide experience in advising and acting in relation trust disputes, both between trustees themselves and beneficiaries and trustees. Simon also has experience in relation to corporate, partnership and LLP structures and disputes arising out of these arrangements. Simon also has experience in insolvency matters.

Construction, Engineering and Infrastructure

Simon’s cases often involve delay, disruption, and technical issues in civil, structural, mechanical, and electrical engineering under a wide variety of standard forms (notably, JCT, NEC, ICE, FIDIC) and bespoke contracts, often with large amounts of paperwork and involving complex expert evidence and contested oral evidence. His work has ranged from domestic conversions to major commercial projects. He has experience in arbitration and adjudication and is instructed concerning applications for the enforcement of adjudication decisions.

Landlord and Tenant

Simon’s expertise covers a wide range of commercial landlord and tenant work, including (1) rent reviews, (2) renewal of business tenancies, (3) service charges, (4) dilapidations, (5) compensation for improvements, (6) assignment, (7) forfeiture and relief, (8) other breaches of covenants, and (9) interpretation and enforceability of covenants.

Simon’s residential landlord and tenant practice covers contractual, Housing Act and Rent Act tenancies, as well as long leases.

Simon has a wealth of experience before the LVT and the Land Registry Adjudicator, now the Property Chamber of the First-Tier Tribunal.

Professional Negligence

Simon’s wide range of professional indemnity work includes claims against engineers, architects, surveyors, solicitors, quantity surveyors, brokers, and accountants, often arising out of construction or property matters.

Property

Simon’s experience includes (1) trusts of land, (2) conveyancing and land registration, (3) party wall disputes, (4) easements, (5) freehold restrictive covenants, (6) co-ownership, trusts, and proprietary estoppel, (7) disputed boundaries and adverse possession, (8) public and private nuisance, (9) mortgages, and (10) agricultural tenancies, including agricultural holdings and farm business tenancies.

What sort of work do I do?

Simon covers the full range of contractual and tortious matters, generally with construction or property-related elements.

Who do I work for?

Simon acts for a full range of clients from private individuals to companies

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