Simon Clarke practises general commercial litigation with a focus on banking and financial services, professional negligence, and fraud claims. He acted as part of the Herbert Smith team for Coopers & Lybrand Singapore in defending allegations of auditors negligence following the collapse of Barings Bank. In 2004-5, he was part of the team representing Cambridge Antibody Technology in its successful claim for royalty payments in its dispute with Abbott Laboratories in connection with the development of HUMIRA®, a blockbuster drug for the treatment of rheumatoid arthritis.
Simon has acted on professional negligence claims against firms of solicitors, accountants and financial advisers. He has also advised banks and other financial institutions subject to the financial services regime on a variety of regulatory issues and types of claim, including internal controls, credit derivatives, banking confidentiality, investment advice, product misselling, and transaction reporting.
His cases have often involved foreign law claims, contested jurisdiction, and related criminal investigations or proceedings. They have involved foreign proceedings in France, Italy, Switzerland, the US and Singapore.
Credentials
- Merrill Lynch in connection with freezing and disclosure orders
- Cambridge Antibody Technology in its dispute with Abbott Laboratories over HUMIRA®
- Rabobank in major litigation in the English and New York Courts arising from a structured finance transaction involving Enron
- Coopers & Lybrand Singapore in defending proceedings against them following the collapse of Barings Bank
- Fédération Internationale de l'Automobile in injunction proceedings brought by Phoenix Finance, the purchaser of assets of the insolvent Prost Grand Prix team, seeking to compete in the 2002 Formula One Championship