Simon John

Barrister Profile

Personal Injury

Simon undertakes work for Claimants and Defendants in a wide range of PI law. Claimant work is largely undertaken for the leading Unions, often on a CFA basis. Defendant work predominantly consists of regular instruction from a number of local authorities, as well as for insurers of larger commercial employers. 

He has extensive experience of Employer’s Liability cases, including WRULDs, HAVS, and more recently deafness and regularly deals with Defendant Highways and Occupier’s cases.

Simon is also experienced in dealing with inquests. 

Simon has also provided relevant CPD seminars.

Employment 

Simon has wide-ranging experience in employment law and regularly appear in the ET as well as having EAT experience. He represents both Claimants and Respondents and regularly represents Local Authorities and Police Authorities, as well as commercial employers. Simon has also represented Union-backed Claimants and private individuals from worker to director level. He is experienced in all of the prohibited grounds of discrimination case, redundancy, wage claims, unfair dismissal and whistle-blowing claims as well as TUPE cases.

Simon has recently advised on difficult issues involving the transfer of traffic warden services and a complex transfer of local authority/police/private charity service provision, and have recently represented a high-profile Professor in an internal University appeal, and a re-structuring company in dispute with one of its directors. 

He provides accredited CPD seminars on these topics. 

Simon has featured in the Legal 500 as a recommended employment practitioner in both 2010 and 2011 editions and has acted as legal panel advisor as well as legal representative at professional disciplinary/appeal hearings. 


Regulatory/other 

Simon undertakes regulatory work and has experience in Firearms appeals and Licensing applications/ appeals for police and local authorities. He takes instructions in boundary and commercial disputes.

Professional Membership

• Employment Lawyers Association
• Welsh Personal Injury Law Association (former committee member)
• PIBA

Interesting Cases

X v Gwent Police [2011] - legitimate expectation abuse of process arguments in
rehearing disciplinary charges.
 
X v Torfaen CBC & anor [2011] - Extent of delegated control between employer and contractor for purposes of duty under the Workplace Regs. 

Q fever SCA litigation [2011] - Multiple Claimant PI actions involving obscure disease
and complex causation and quantification arguments. 

Sarah Knight v Cartrefi Cymru [2010] - Repudiatory conduct by employer, final straw
doctrine and waiver by delay and conduct.
 
Ellen Waters v Cardiff County Council [2010] - Duty of care to staff in dealing with violent residents in care, knowledge.
 
Jacobs v Rhoserchan [2010] - Whistleblowing, detriment causation, care standards, repudiatory breach. 

Bazley v Gwent Police [2010] - Final straw, unilateral remedy of repudiatory breach of
trust and confidence.

Abdelmonium v South Wales Police EAT [2009] - Race discrimination case involving
interesting comparator arguments and novel judgment delay issues. 

Rowan v the Environment Agency [2008] - EAT IRLR 20 Appeal case on constructive dismissal, DDA reasonable adjustments and providing guidance on requisite findings for the tribunal.

Cornwall Gardens v RO Garrard & others (CA) LTL 19/9/01: Times June 19 2001 - Million pound dispute as to rights of way and the economic tort of interference with business rights