Simon Cullingworth photo
Simon Cullingworth
Lawyer
London
Tower 42
25 Old Broad Street
London, EC2N 1HQ
+44 (0) 20 3301 5707
London
Tower 42
25 Old Broad Street
London, EC2N 1HQ
+44 (0) 20 3301 5707

Simon Cullingworth is a solicitor who focuses on dispute resolution in the UK and across Europe, the Americas, Asia and offshore locations. He concentrates his practice on arbitration and litigation in the financial services, securities, real estate finance, and commodities/futures sectors.

Mr. Cullingworth also focuses on global joint venture disputes in the retail investment, internet gaming, health provision, litigation funding and aviation finance industries.

He has worked on insolvency and debtor-creditor disputes worldwide and is experienced in cross-border asset recovery and the global enforcement of judgments and arbitration awards, particularly in offshore locations.

Admissions

  • Solicitor, England & Wales
  • Accredited Mediator
  • Solicitor, Eastern Caribbean Supreme Court (British Virgin Islands)

Education

  • Shrewsbury School
  • Birmingham City University, BA Law, honors

Select Engagements

Financial Products & Services Litigation

  • Representation of a Luxembourg-based institutional investment vehicle in a dispute in the UK against the servicer of a structured note facility.
  • Representation of a U.S.-based hedge fund in litigation in the High Court in England relating to alleged improprieties by fund's prime broker in issuing margin calls and alleged breaches of margin and financing under and International Securities Lending Association (ISLA) securities lending agreement, with $350 million+ in controversy.
  • Representation of investors bringing claims against a consortium of UK and European banks seeking rescission of interest-rate swap contracts worth over $700 million in reliance on the banks’ alleged involvement in wrongful manipulation of the Euribor. Described by The Lawyer magazine as one of the top 20 UK cases of 2016.
  • Representation of a Chinese real estate corporation in a Hong Kong International Arbitration Centre (HKIAC) arbitration in Hong Kong against a large Korean bank arising out of financing arrangements for the acquisition of property in China, with US $380 million+ in dispute.
  • Represented a major asset investment company in its dispute with a bank consortium headed by the Royal Bank of Scotland concerning the alleged default of loan-to-value ratios involving more than $100 million
  • Dealing with the split of a global portfolio of hedge funds on behalf of multiple shareholders, the fund manages more than $375 million
  • Representing shareholders in a dispute over the dismissal of a global hedge fund involving more than $375 million in funds.
  • Providing assistance to Singapore-based law firms representing financial institutions in the case of the issue of the British Bribery Act (enacted in 2010).

Joint Venture and Partnership Disputes

  • Representation of minority shareholders of an English industrial company in a shareholder dispute and unfair prejudice claims in face of various alleged instances of improper self-dealing by the majority shareholder.
  • Representation of a U.S. software company in connection with the recovery of license fees and potential proceedings in the English High Court for breach of a commodity trading and risk management (CTRM) contract by a foreign oil and gas company.
  • Representation of a real estate fund and minority consortium shareholder in relation to a potential claim relating to a £500 million+ investment in a leading European provider of independent healthcare services.
  • Representation of a significant property investment fund in an alleged joint venture dispute relating to a £200 million+ development.
  • Representation of a global gaming products and services company in a licensing dispute with several gaming platform developers.

Insolvency & Debtor-Creditor Disputes

  • Representing GSO Onshore LLC, a mezzanine lender, in a dispute arising out of US $130 million+ loan outstanding as against a large real estate project in New York.
  • Representation of a hedge fund administrator in a three-party US $350 million+ dispute in the London Court of International Arbitration (LCIA) regarding services rendered to a Bermuda-based hedge fund.

International Judgment Enforcement & Offshore Asset Recovery

  • Representation of a government in enforcing judgments of US $120 million+.
  • Lead English solicitor in a challenge for Chevron Corporation to multiple litigation funders in key offshore financial centers resulting in the successful negotiation of settlement agreements, including the cessation of funding, in relation to the attempts to enforce a US $9.5 billion Ecuadorian judgment against Chevron.

Commercial Litigation and Arbitration

  • Representing an Asian airline in the risk assessment of its lease contract for the Boeing 787 Dreamliner and handling disputes arising from the failure to deliver a Boeing 767 aircraft. The controversy involves an expected loss of more than $20 million.
  • Represented an institution’s hedge fund investor in parallel litigation against a Jamaican mobile communications provider in the courts of Jamaica and New York involving multiple breaches and violations of mobile telecommunications licenses with a litigation amount exceeding US $30 million
  • Representing a Middle Eastern company in the London High Court to deal with bans arising from an international arbitration being conducted in London
  • Acted as a small shareholder hedge fund in the case of an allegation of unfair infringement of over 30 million pounds in relation to the management of a large health service provider
  • Representing mortgage brokers in cases where they have claimed more than £20 million in damages against mortgage and savings service providers for breach of contract terms.
  • Represented Air & General Finance Ltd (Close Brothers Group Plc) and Hitachi Capital (UK) Plc on a global basis (including California, Illinois, Florida, Texas, Spain, France, Kenya, South Africa, The Cayman Islands and the former Eastern European Group) issues concerning the freezing and recovery of aircraft, as well as disputes over aircraft financing, execution of deposits, retention, maintenance, supervision, sales and purchases and charter
  • Representing more than one accounting firm, including two of the four largest accounting firms, has represented both the plaintiff and the defendant in multiple cases involving multiple fields, and has dealt with allegations of negligence in providing advice. Including corporate tax advice, personal wealth tax planning, tax planning for mergers, acquisitions, bankruptcies, and valuations
 

Professional & Community Involvement

  • Association of Business Recovery Professionals, Member
  • Commercial Litigation Association, Member
  • Insolvency Lawyers Association, Member
  • London Solicitors Litigation Association, Member
  • Commercial Dispute Association, Member
  • Disability Bar Association, Member

Publications & Presentations

  • Speaker, "Law Society Gazette Roundtable on Civil Litigation, Costs and Funding" (Law Society Gazette, London, April 2016)
  • "Judgments and Arbitration Awards" (The Association of Corporate Counsel, Webinar, April 2014)
  • Speaker, "The Challenges of International Judgment Enforcement: Tools, Tips and Lessons Learned" (The Asian Lawyer, Webinar, February 2013)

Credentials

Admissions

  • Solicitor, England & Wales
  • Accredited Mediator
  • Solicitor, Eastern Caribbean Supreme Court (British Virgin Islands)

Education

  • Shrewsbury School
  • Birmingham City University, BA Law, honors

Engagements

Financial Products & Services Litigation

  • Representation of a Luxembourg-based institutional investment vehicle in a dispute in the UK against the servicer of a structured note facility.
  • Representation of a U.S.-based hedge fund in litigation in the High Court in England relating to alleged improprieties by fund's prime broker in issuing margin calls and alleged breaches of margin and financing under and International Securities Lending Association (ISLA) securities lending agreement, with $350 million+ in controversy.
  • Representation of investors bringing claims against a consortium of UK and European banks seeking rescission of interest-rate swap contracts worth over $700 million in reliance on the banks’ alleged involvement in wrongful manipulation of the Euribor. Described by The Lawyer magazine as one of the top 20 UK cases of 2016.
  • Representation of a Chinese real estate corporation in a Hong Kong International Arbitration Centre (HKIAC) arbitration in Hong Kong against a large Korean bank arising out of financing arrangements for the acquisition of property in China, with US $380 million+ in dispute.
  • Represented a major asset investment company in its dispute with a bank consortium headed by the Royal Bank of Scotland concerning the alleged default of loan-to-value ratios involving more than $100 million
  • Dealing with the split of a global portfolio of hedge funds on behalf of multiple shareholders, the fund manages more than $375 million
  • Representing shareholders in a dispute over the dismissal of a global hedge fund involving more than $375 million in funds.
  • Providing assistance to Singapore-based law firms representing financial institutions in the case of the issue of the British Bribery Act (enacted in 2010).

Joint Venture and Partnership Disputes

  • Representation of minority shareholders of an English industrial company in a shareholder dispute and unfair prejudice claims in face of various alleged instances of improper self-dealing by the majority shareholder.
  • Representation of a U.S. software company in connection with the recovery of license fees and potential proceedings in the English High Court for breach of a commodity trading and risk management (CTRM) contract by a foreign oil and gas company.
  • Representation of a real estate fund and minority consortium shareholder in relation to a potential claim relating to a £500 million+ investment in a leading European provider of independent healthcare services.
  • Representation of a significant property investment fund in an alleged joint venture dispute relating to a £200 million+ development.
  • Representation of a global gaming products and services company in a licensing dispute with several gaming platform developers.

Insolvency & Debtor-Creditor Disputes

  • Representing GSO Onshore LLC, a mezzanine lender, in a dispute arising out of US $130 million+ loan outstanding as against a large real estate project in New York.
  • Representation of a hedge fund administrator in a three-party US $350 million+ dispute in the London Court of International Arbitration (LCIA) regarding services rendered to a Bermuda-based hedge fund.

International Judgment Enforcement & Offshore Asset Recovery

  • Representation of a government in enforcing judgments of US $120 million+.
  • Lead English solicitor in a challenge for Chevron Corporation to multiple litigation funders in key offshore financial centers resulting in the successful negotiation of settlement agreements, including the cessation of funding, in relation to the attempts to enforce a US $9.5 billion Ecuadorian judgment against Chevron.

Commercial Litigation and Arbitration

  • Representing an Asian airline in the risk assessment of its lease contract for the Boeing 787 Dreamliner and handling disputes arising from the failure to deliver a Boeing 767 aircraft. The controversy involves an expected loss of more than $20 million.
  • Represented an institution’s hedge fund investor in parallel litigation against a Jamaican mobile communications provider in the courts of Jamaica and New York involving multiple breaches and violations of mobile telecommunications licenses with a litigation amount exceeding US $30 million
  • Representing a Middle Eastern company in the London High Court to deal with bans arising from an international arbitration being conducted in London
  • Acted as a small shareholder hedge fund in the case of an allegation of unfair infringement of over 30 million pounds in relation to the management of a large health service provider
  • Representing mortgage brokers in cases where they have claimed more than £20 million in damages against mortgage and savings service providers for breach of contract terms.
  • Represented Air & General Finance Ltd (Close Brothers Group Plc) and Hitachi Capital (UK) Plc on a global basis (including California, Illinois, Florida, Texas, Spain, France, Kenya, South Africa, The Cayman Islands and the former Eastern European Group) issues concerning the freezing and recovery of aircraft, as well as disputes over aircraft financing, execution of deposits, retention, maintenance, supervision, sales and purchases and charter
  • Representing more than one accounting firm, including two of the four largest accounting firms, has represented both the plaintiff and the defendant in multiple cases involving multiple fields, and has dealt with allegations of negligence in providing advice. Including corporate tax advice, personal wealth tax planning, tax planning for mergers, acquisitions, bankruptcies, and valuations

Professional & Community Involvement

  • Association of Business Recovery Professionals, Member
  • Commercial Litigation Association, Member
  • Insolvency Lawyers Association, Member
  • London Solicitors Litigation Association, Member
  • Commercial Dispute Association, Member
  • Disability Bar Association, Member

Publications & Presentations

  • Speaker, "Law Society Gazette Roundtable on Civil Litigation, Costs and Funding" (Law Society Gazette, London, April 2016)
  • "Judgments and Arbitration Awards" (The Association of Corporate Counsel, Webinar, April 2014)
  • Speaker, "The Challenges of International Judgment Enforcement: Tools, Tips and Lessons Learned" (The Asian Lawyer, Webinar, February 2013)