"He is incredibly intelligent and thinks creatively as well as practically and commercially."
Chambers UK 2021
Simon is a specialist insolvency barrister who undertakes litigation and advisory work in all aspects of corporate and personal insolvency law. He has been consistently recognised as a leading junior in this field by Chambers and Partners and Legal 500 and has appeared in more than 30 reported insolvency cases. He is regularly instructed to act in high value and complex insolvency litigation and against leading counsel.
Simon is a member of the Attorney General's Regional Panel of Junior Counsel to the Crown and regularly acts for the Secretary of State for Business, Energy and Industrial Strategy and the Official Receiver in directors' disqualification cases.
In December 2020, Simon was appointed as a Deputy Insolvency and Companies Court Judge.
In the last year, Simon has:
His practice encompasses all aspects of corporate and personal insolvency law.
In addition, Simon has a broad experience of company law and general commercial matters arising in an insolvency context, including contractual and corporate disputes, agency matters and guarantees.
In December 2020, Simon was appointed as a Deputy Insolvency and Companies Court Judge.
Significant Cases
Over the past few years, Simon has developed a substantial CDDA practice. Since 2015, he has been a member of the Attorney General's Regional Panel of Junior Counsel to the Crown and regularly acts for the Secretary of State and the Official Receiver in pursuing claims under both s.6 and s.8 of the Company Directors Disqualification Act 1986. In 2020, Simon appeared for the Claimant in two significant reported CDDA cases in the High Court.
In addition, Simon is instructed by company directors to assist with defending disqualification claims and making applications for under s.17 CDDA. In 2020, he successfully acted for the former directors of Freshway Wholesale Foods Limited (who had been disqualified for periods of 6.5 and 5.5 years respectively) in obtaining interim and final permission to act as directors of four companies.
Significant Cases
Company and Insolvency
‘Clear thinking, technically excellent and really client friendly. Simon is our go to barrister for any insolvency matter and we regularly instruct him on matters where he acts against leading counsel. Simon is extremely calm and remains unruffled even when placed under significant pressure.’
Ranked: Tier 1
Restructuring/Insolvency
Band 1
A highly sought-after junior who is active in all areas of corporate and personal insolvency. He wins praise from sources, who highlight not only his technical knowledge and work ethic but also the strength of his written and oral advocacy. His recent work involves claims alleging a breach of trust or fiduciary duties.
Strengths: "He is incredibly intelligent and thinks creatively as well as practically and commercially. He's also very easy to work with."
Recent work: Acted for the applicant administrators in Re Skeggs Beef, a case which addressed the issue of whether a qualifying floating chargeholder may e-file a notice of appointment of an administrator when the court office is closed.
Commercial, Banking, Company & Chancery
"Robust, responsive and an able advocate."
Restrcturing / Insolvency
A highly sought-after junior who is active in all areas of corporate and personal insolvency. He wins praise from sources, who highlight not only his technical knowledge and work ethic but also the strength of his written and oral advocacy. His recent work involves claims alleging a breach of trust or fiduciary duties.
"Bright and personable with a good commercial grasp of the law." "Meticulous, encyclopaedically clever, impressive on his feet."
Recent work: Led a case against the director of a company by the liquidators for misfeasance, where the director allegedly used company money to fund his lavish lifestyle.
Commercial, Banking, Insolvency & Chancery
Exceptionally bright and fleet of foot.
Restructuring / Insolvency
Leading Junior - Band 1
A highly sought-after junior who is active in all areas of corporate and personal insolvency. He wins praise from sources, who highlight not only his technical knowledge and work ethic but also the strength of his written and oral advocacy. His recent experience includes working on bankruptcy disputes involving pension rights.
Strengths: "He is very quick to turn things around and really, really bright." "He is technically very strong and also very competent on his feet." "He can make the driest points of law interesting."
Recent work: Represented the administrators of Bradford Bulls, a professional rugby league club, in the High Court on an urgent application to determine the validity of their appointment and the cross-application of the directors for a retrospective administration order.
Commercial, Banking, Insolvency & Chancery Law
Leading juniors
‘He has great technical knowledge.’
Restructuring / Insolvency
Leading Junior - Band 1
A highly sought-after junior who is active in all areas of corporate and personal insolvency. He wins praise from sources, who highlight not only his technical knowledge and work ethic, but also the strength of his written and oral advocacy.
Strengths: "He is a very bright, perceptive individual and the quality of his analysis is first-class." "He has a very strong understanding of the technical elements of the law, and is very accomplished on his feet."
Recent work: Acted for the trustee in a high-value bankruptcy case that was complicated by allegations of professional misconduct as well as the disputed ownership of valuable chattels initially concealed by the bankrupt.
Commercial, Banking, Insolvency & Chancery Law
Leading juniors
'A dedicated insolvency specialist.'
Restructuring / Insolvency
Leading Junior - Band 2
Has a dedicated insolvency practice and is frequently instructed in complex cases concerning both corporate and personal insolvency.
Strengths: "He's a very commercial barrister who won't get bogged down - he understands his clients' commerical bearings."
Recent work: Represented a trustee in a bankruptcy. The trustee wanted to pursue a possession and sale of the bankrupt's home.
Commercial, Banking & Insolvency
Leading juniors
'He is clearly going to make it to the very top at some stage'.
Restructuring / Insolvency
Leading Junior - Band 2
Praised extensively for his intellectual strength, his work ethic and his knowledge of insolvency law. He advises and represents clients in corporate and personal insolvency situations.
Expertise: "He is unbelievably sharp; he knows the answers to the most complex questions almost immediately."
Recent work: He acted for a trustee in bankruptcy in an action alleging that several major transfers of property between a bankrupt and his wife were shams.
Specialises in all areas of corporate and personal insolvency law and has developed a strong reputation in the market for both his excellent advocacy and his advisory work. Expertise: "He offers essential guidance in getting to the issue quickly and enabling a speedy resolution." Recent work: He advised a trade creditor in connection with retention of title issues arising from the administration of Jessops.
Robobarrister Simon Passfield "never stops," and is "never fazed by anything." "A natural advocate," he is "someone to look out for in the years to come," say his peers.
For further information and enquiries please contact:
Insolvency: Joe Stayte