Experience and Expertise
Simon is instructed by the Official Solicitor, NHS Trusts, CCGs, local authorities, residential homes, RPRs, and litigation friends.
Simon draws upon his extensive experience in the related fields of clinical negligence and medical malpractice, which overlaps considerably with his Court of Protection practice when acting on cases, where capacity and medical treatment are in issue.
Simon’s cases often involve extremely sensitive and difficult ethical considerations, as well as complex medical issues. Most recently, Simon was instructed on behalf of the Official Solicitor in a high profile and heavyweight case concerning the use of nasogastric feeding and prolonging life in a palliative care patient. The Court of Appeal also addressed the issue of identifying P under the new transparency regime, in circumstances where the patient was unable to make his own decision in relation to this.
Cases & work of note
PW v. Chelsea & Westminster Hospital NHS Foundation Trust  EWCA Civ 1067.
Simon was instructed by the Official Solicitor on behalf of P, both at first instance before Parker J and on appeal, where the Court of Appeal held there were no arguable grounds for interfering with the CoP’s decision that it was not in the best interests of a 77 years old man with end stage dementia to be discharged home with a NGT inserted for feeding; he should receive palliative care only. Further, he, and his family should remain anonymised despite his sons’ contention he would have wanted information about himself and his dementia to be put in the public domain.
MR (Court of Protection)
Simon is instructed by the CCG in this section 16(2) application concerning a young adult with severe learning difficulties and autistic spectrum disorder in residential care.
M v. Bury Clinical Commissioning Group & A Care Provider  EWCOP 76
Simon was instructed at an interlocutory stage on behalf of the residential home.
KS v. A County Council 2017 (Court of Protection)
Simon was instructed on behalf of the local authority in this section 21A application by the RPR.