This content is provided by Simon Mills.
Simon Mills is a busy commercial law barrister and leader of Five Paper’s Commercial team. He works in banking and trade finance, contentious insolvency, freezing injunctions, and commercial fraud; although widely known for factoring and invoice discounting, his expertise includes all aspects of commercial work, civil fraud and commercial trusts; sale of goods and insolvency; all types of secured lending; and claims against directors for breach of fiduciary duties and company law.
Recent cases include: Vitol SA v Genser Energy Ghana Ltd [2020] (Propane supply contract) Watson v Applegarth Dene Ltd & Hatton [2019] EWHC 349 (freezing order increased to include instalment not yet due); Catalyst Business Finance Ltd v Very Tangy Television Ltd & Tuckwell [2018] (conclusive evidence clauses); BHL v Leumi ABL Ltd [2018] 1 All ER (Comm) 965 (factor’s collection fees of £1.2m not payable); Bibby Factors Northwest Ltd v HFD Ltd [2016] 1 Lloyd’s Rep 517 (set-off against factor as equitable assignee); Capital for Enterprise Fund & Maven Capital Partners v Bibby Financial Services Ltd [2015] EWHC 2593 (factor not liable for conspiracy by unlawful means); Kowalishin v Roberts & Tech21 UK Ltd [2015] (share purchase and unjust enrichment); ABN Amro Commercial Finance plc v McGinn [2014] 2 Lloyd’s Rep. 333 (guarantees and indemnities).
COMBAR, R3
Salinger on Factoring (2020); Goode on Proprietary Rights and Insolvency in Sales Transactions (2010); Atkin’s Sale and Supply of Goods and Services (2017)