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SIMON CULLINGWORTH
simon.cullingworth@kobrekim.co.uk
London:
60 Gresham Street, London EC2V 7BB
Tel. +44 (0) 20 3301 5707
Fax. +44 (0) 20 3301 5720
Hong Kong:
13th Floor, Two Exchange Square
8 Connaught Place
Central, Hong Kong
Tel +852 2127 3288
Fax +852 2127 3280
Simon Cullingworth has considerable experience in conducting litigation in the High Court and Court of Appeal in England & Wales as well as international arbitration and litigation in numerous European and worldwide jurisdictions. Mr. Cullingworth concentrates on litigation for foreign companies in the U.K. with an emphasis on the banking, securities, real estate finance and commodities/futures sectors, as well as on asset tracing in the Far East, Europe and the Americas.
He also focuses on joint venture disputes and Insolvency and Debtor/Creditor disputes worldwide.
Recent Engagements:
Financial Products & Services Litigation:
- Representation of a Luxembourg-based institutional investment vehicle in a dispute in the United Kingdom against the Servicer of a structured note facility
- Representing a substantial property investment company in a dispute with Royal Bank of Scotland-led consortium relating to a dispute involving allegations of default over Loan to Value ratios with over £100 million in controversy
- Represented shareholders in contentious break up of a global hedge fund of funds with amount under management exceeding US $375 million
- Representation of a U.S.-based hedge fund in litigation in England relating to alleged improprieties by fund's prime broker in issuing margin calls and alleged breaches of margin and financing under an International Securities Lending Association (ISLA) securities lending agreement, with more than £350 million in controversy
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
Commercial Litigation and Arbitrations:
- Representation of hedge fund administrator in US $350 million+ dispute pending in London Court of International Arbitration (LCIA) regarding services rendered to Bermuda-based hedge fund
- Representation of a minority shareholder hedge fund in an unfair prejudice claim relating to the management of a leading health services provider
- Representation of an institutional hedge fund investor in relation to alleged breaches of various contracts and mobile telecommunications licensing by a mobile communications provider in Jamaica, involving parallel litigation in the courts of Jamaica and New York with more than US $30 million in controversy
- Representation of a Middle Eastern company in dispute in the High Court in London in connection with injunction proceedings related to a pending international arbitration case in London
- Representing an Asian airline in risk assessment of a lease of Boeing 787 Dreamliner aircraft and in non-delivery dispute of Boeing 767 aircraft resulting in anticipated losses in excess of US $20 million
- Represented Air & General Finance Ltd (Close Brothers Group Plc) and Hitachi Capital (UK) Plc in the freezing of and recovery of aircraft worldwide including from California, Illinois, Florida, Texas, Spain, France, Kenya, South Africa, the Caymans and the former Eastern bloc and in aircraft financing, security enforcement, lien, maintenance, regulatory, sale and purchase and charter disputes
- Represented Slimfast Foods in a number of High Court proceedings involving disputes over issues relating to competition and alleged breach of contract
- Represented both plaintiffs and defendant accountancy firms, including two of the Big Four firms, in cases concerning a variety of areas of alleged negligent advice – including corporate tax advice, private wealth tax planning and tax planning on corporate acquisitions, insolvency and valuations
- Assisting the International Olympic Committee at both the Athens and the Turin Olympics by carrying out cease and desist enforcement against internet infringement of international broadcast rights in Asia, South America and Eastern Europe
- Represented the successful party in Hoff-v-Atherton (2004) (2005) CA in which the Court of Appeal gave a landmark decision as to the issue of whether a testatrix suffering from Alzheimer's had testamentary capacity
Offshore Trusts & Assets Forfeiture/Recovery:
- Representation of an Asia-Pacific sovereign entity in enforcing judgments of more than US $110 million against assets and defendants in multiple jurisdictions in the United States, the Caribbean, Europe and Asia
- Represented Lincoln Trust and Helm Trust (Jersey trustees) joined into a multi-million pound divorce involving over £30m of offshore trust assets
- Represented Lincoln Trust in a dispute between a third party investor, beneficiaries and Jersey trustees in which the High Court gave a landmark decision on a meaning and effect under English law of the obligation to procure contractual performance
Prior To Kobre & Kim LLP:
Prior to joining Kobre & Kim LLP, Mr. Culllingworth built a busy litigation practice at a large English firm where he was responsible for civil and commercial litigation and private wealth and trust disputes, much of the work taking place in offshore jurisdictions. Mr.Cullingworth had special responsibility for international disputes, global asset tracing, representing U.S and European companies in litigation in the U.K. for breach of contract, fraud and theft, breach of restrictive covenants and intellectual property disputes.
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Practice Focus:
Education:
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Birmingham City University, B.A., (Hons) Law
Admissions:
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Solicitor, England
- Hong Kong, Registered Foreign Lawyer
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Accredited trained Mediator
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New York
