Simon specialises in commercial law, with particular expertise in insurance and reinsurance, professional negligence, energy and natural resources, shipping and conflict of laws.

He is very experienced in advising and acting in complex commercial disputes in a broad range of areas and has been involved in a substantial number of high profile commercial cases in the Commercial Court, in the appellate courts and in arbitration. A significant amount of Simon’s work involves arbitration, whether English arbitration, international arbitration (under rules such as ICC or LCIA) or “Bermuda Form” arbitration. Simon is recommended by Legal 500 and Chambers & Partners as a leading junior in insurance and is regularly instructed by insurers, insureds or insurance brokers in insurance or reinsurance matters.

Notable Current or Recent Cases:

  • Simon is currently acting for insurers in an energy and construction insurance dispute (in LCIA arbitration), which concerns a construction project in Latin America.  The claim which is made under the insurance is for several hundred million dollars.
  • Simon has been acting for an overseas government in its claims for compensation (in ICC arbitration) against an oil company under a long-term Petroleum Sharing Agreement (PSA).
  • Rolls-Royce Plc v Marsh UK Ltd: In 2013/2014, Simon acted for the insurance brokers, Marsh, in a claim brought against them by Rolls-Royce in the Commercial Court.  Rolls-Royce claimed some £70m for alleged professional negligence in connection with liability insurance claims that Rolls-Royce had pursued against its insurers.  The insurance claims concerned marine propulsion units for cruise liners, which were called “Mermaid Pods”.  Simon also acted for Marsh and their solicitors, Slaughter & May, in the related injunction proceedings (commenced in the Chancery Division) concerning confidentiality and legal professional privilege.
  • Simon acted for the insured in a series of insurance claims made (in arbitration) under insurance policies on the “Bermuda Form”, concerning environmental pollution in the United States.
  • Simon acted for insurers, in the Commercial Court, in Société Générale v. Württembergische Versicherung A.G. & Others [2012] EWHC 3112 (Comm), which concerned the insurance claim for US$487m in respect of the alleged misappropriation of approximately 15 metric tonnes of gold bullion.
  • Simon acted for Equitas in Equitas Ltd v. R & Q Reinsurance Co (UK) Ltd [2010] Lloyd’s Rep. IR 600, which concerned claims for indemnity from reinsurers under contracts written within the LMX spiral.
  • Simon acted for the insured in Al Habtoor Motors v. Dubai National Insurance & Reinsurance Co in its insurance claim for damage to over 6,000 vehicles, which was caused by a freak hail-storm in Dubai.

In addition to his work as an advocate and advisor, Simon Kerr has been instructed to give expert evidence on English commercial law for use in foreign proceedings.