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Simon Garbett is a partner working out of our Birmingham and London offices and is head of the Litigation team in Birmingham. Simon’s practice is global in scope and includes both public and private sector clients. Areas of key focus are cross-border disputes, manufacturing, supply chain and product liability issues (particularly in the aerospace, automotive and industrial products sectors), as well as a broad range of financial services litigation, including for banks, brokers, insurers and pensions clients. Simon is a qualified Solicitor Advocate.
Simon’s main area of expertise involves complex commercial litigation, arbitration and dispute resolution (including mediation), regularly acting for banks, corporates, housing associations/registered social landlords, NHS trusts, pension trustees, local authorities, central government departments and universities. In particular, Simon has a wealth of experience in representing UK and global manufacturers and advanced engineering clients.
Simon handles a wide variety of manufacturing and engineering disputes, commercial contract claims (including supplier and supply chain disputes), defamation cases, employment disputes (breach of restrictive covenants and confidential information), insurance and negligence claims (including nuisance cases), judicial review matters, product liability issues, procurement and PFI disputes, sale of goods act cases, Housing Stock Transfer disputes and corporate litigation matters (including fraud, shareholder and warranty claims).
Simon has represented commercial and government clients in a significant number of successful mediations and is a strong advocate of alternative dispute resolution. He is a qualified Solicitor Advocate, with rights of audience in the higher courts of England and Wales.
Simon is part of the firm’s global leadership group for the automotive sector and, together with Sarah Rathke in Cleveland, Ohio, regularly contributes to the firm's Global Supply Chain Law blog.
- Acting for a market-leading manufacturer of industrial hosing solutions in respect of EU labelling risks and the allegedly defective manufacture and supply of certain lightering hoses to customers for use in ship to ship and ship to shore transfers of petroleum products.
- Acting in defence of a £15 million liquidated damages and loss of revenue claim by a major European carrier for the allegedly late delivery of allegedly defective lie flat business class seats for installation into the airline’s fleet of A330-300 and A340-300 aircraft.
- Acting for a major high street clearing bank in respect of a wide range of retail banking disputes, including pursuing multimillion-pound professional negligence claims, advising on recovering payments made by mistake, fraud issues and the defence of a portfolio of more than 400 PPI disputes with customers arising from the alleged mis-selling of those products.
- Representing the UK subsidiary of a US-headquartered staffing/workplace management solutions company on a multimillion-pound dispute following a sale and purchase.
- Acting for a UK manufacturer of conveyor belt system solutions in pursuit of the recovery of approximately £200,000 following its Swedish customer's failure to pay for a conveyor belt machine for use in a complex automotive axle painting production line. Dealing with the subsequent cross-claim of €1.5 million for the supply of an allegedly defective product.
- Acting for a major German engineering conglomerate client in respect of a complex product liability claim, involving multi-parties and their insurers, as to an allegedly defective electrical switchboard which exploded after installation at a factory in South Wales, including allegations of flawed design, negligent manufacture and installation.
- Advising a residents' action group over a private nuisance class action against a poultry rendering plant.
- Advising on a range of disputes between logistics companies and manufacturers, retailers and service providers concerning logistics and warehouse services, including theft of goods.
- Acting for a Fortune 500 automotive corporation, which was seeking injunctive relief against one of its suppliers preventing it from destroying and damaging jigs, templates and machine tooling, together with an order for delivery up of that tooling.
- Acting for a government department in relation to a number of contractor disputes and restitutionary claims arising out of the foot and mouth outbreak in 2001.
- Advising a pharmaceutical client in respect of a circa £15 million tax litigation claim against HMRC for recovery of allegedly overpaid and under recovered VAT.
- Acting for a food retailer in defence of a claim for alleged breach of a franchise agreement with an independent retailer involving allegations of fraudulent/negligent misrepresentation.
- Acting for a government department in its investigation of potentially unauthorised and irregular practices by a company delivering its Warm Front Scheme to alleviate fuel poverty, including dealing with the NAO.
- Advising an automotive client in respect of a departing employee who breached his garden leave and post-termination restrictions, as well as his alleged misuse of confidential information, when leaving to join a major competitor.
- Acting for a facilities management company in respect of a claim for breach of confidence arising out of a failed joint venture with one of its competitors who self-delivered the FM services with the benefit of our client’s information.
- Involvement in the resolution of a dispute concerning a major IT outsourcing project between our plc client and a central government department which had run into difficulties.
- Acting for a utility company in respect of its defence of Mining Code claims for substantial compensation by a quarry owner for sterilisation of mineral as a result of pipelines built across their sites.
- Acting for a number of local authorities on warranty disputes arising from housing stock transfers to the private sector.
- Acting in an advisory capacity to a local authority on a range of issues arising out of a schools PFI project.
- Acting for the specialist claims management division of a FTSE 250 company in defence (and eventual satisfactory settlement) of a £1 million arbitration claim, which was commenced to determine the proper construction of an obligation contained in one of its major contracts.
- Representing a Fortune 500 company in respect of a US$250 million claim against it arising out of its investment in a Western style executive housing development in the People’s Republic of China. The claim was struck out before trial.
- Advising a public body in claims involving allegations of misfeasance in public office.
- Advising a local authority on allegations of unauthorised and irregular conduct in outsourcing of Council services.
- Advising a police authority on a dispute concerning a large scale mobile telecommunications contract.
- Acting on a high-profile judicial review claim by a student challenging a decision of the University’s Guild of Students to suspend certain privileges of the Evangelical Christian Union.
- Advising on potential action by a University to prevent passing off by a local business school recruiting Chinese students and teaching them on University premises.
- Handling defamation and disability discrimination claims, including recovery of costs from the Equality and Human Rights Commission.
- Representing a Tier 1 manufacturer of motor parts in its dispute with suppliers following the termination of a supply contract.
- Advising clients on a wide range of Bribery Act issues, including training of key staff.
Education
- De Montfort University, L.P.C., 1996
- University of Birmingham, C.P.E., 1995
- University of Birmingham, B.A., (First Class Honours), 1993
Admissions
- England and Wales, 1998
- Recommended in Chambers UK 2018 for Litigation – Dispute Resolution, Midlands
- Recommended in The Legal 500 UK 2017 for Product Liability – defendant; Commercial Litigation