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Frances Simm

Frances SimmSenior Associate

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I advise on a broad range of commercial disputes for a diverse client base. I have a particular focus on disputes proceeding in the High Court, through arbitration and which involve partnership law.

I work closely with clients to develop appropriate and effective strategies to manage and control the dispute, taking into account the financial and time pressures on the businesses and individuals involved while remaining focussed on the specific client’s priorities and objectives.

I have higher rights of audience (civil) and have represented clients in applications before various county courts and in interim applications in the High Court. I am a member of the Association of Partnership Practitioners, the London Solicitor Litigation Association and the Young International Arbitration Group of the LCIA.

Dispute Resolution

I advise on complex contract disputes including claims arising out of corporate transactions and relationships i.e. claims concerning breaches of warranties and indemnities and disputes between directors and shareholders. I frequently act for clients bringing or defending claims involving allegations of professional negligence, misrepresentation and fraud and am also experienced in advising businesses and individual shareholders/directors on conduct issues such as breach of fiduciary duties.

Most of my litigation work is in the High Court or Court of Appeal, although I often advise clients in the pre-action stage assisting with internal investigations, early settlement discussions and mediation, strategy and options for progressing claims and preparing pre-action correspondence.

My arbitration experience includes instituting and progressing arbitrations under a variety of different institutional rules including LCIA, ICC and UNCITRAL Arbitration Rules and advising clients on jurisdictional issues and the enforcement of arbitration awards.

My recent disputes work includes:

  • Acting for an international construction contractor in an ICC arbitration successfully defending against claims valued at over €300 million arising out of the construction of a gas pipeline.
  • Advising a cloud technology and hosting provider on a team move and breach of restrictive covenant dispute commencing with an urgent interim injunction and proceeding as an expedited matter in the High Court. Assisting the client in successfully resisting an appeal of the injunction granted by the High Court in the Court of Appeal.
  • Acting for a multinational telecommunications company in an ICC arbitration concerning claims arising out of the construction and maintenance of telecommunication towers in an EU member state.
  • Acting for a large European mining company in an LCIA arbitration concerning breach of warranty claims and the reconciliation of post-completion accounts. Also advising on related High Court proceedings seeking enforcement of provisions of the underlying Share Purchase Agreement and the successful challenge of an order obtained against the client in the Court of Appeal. 

Partnerships & LLPs

I advise a variety of businesses and individuals in different sectors on contentious matters arising in relation to limited liability partnerships (LLPs), limited partnerships (LPs) and partnerships. I often act for Management Committees / Managing Partners or individual partners of an LLP, LP or traditional partnership advising on matters such as partner retirement and expulsions, partner behaviour and conduct and restrictive covenants.

Professional Services

I advise businesses and individuals in the professional services sector with a particular focus on, and experience in, the legal and accountancy professions.

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