Partners and Senior Management
- Real Estate Litigation
- Commercial Litigation
- Contentious Wills & Probate
After reading Modern History at Jesus College, Oxford, Simon Care returned to his native Port Talbot where he worked for Neath Port Talbot Council whilst studying law at the University of Glamorgan (now the University of South Wales).
Simon joined Berry Smith in November 2004 and, since then, he has handled a wide range of commercial disputes, developing a particular specialization for property-related matters. Simon became a partner in 2013.
A member of the Property Litigation Association and a regular speaking on property-related matters for both the Royal Institution of Chartered Surveyors and various firms of surveyors across the region, Simon’s expertise in Real Estate Litigation is recognized by both the Chambers & Partners and Legal 500 independent guides to the legal profession: -
"He is brilliant – exceptionally clever, he sees the issues and works out the answer" - Chambers & Partners (2018)
"Very capable, approachable and knowledgeable" - Chambers & Partners (2017)
"His substantial practice encompasses service charge disputes, adverse possession claims and dilapidations among other matters." - Chambers & Partners (2017)
"Simon Care is singled out for his great attention to detail" - Legal 500 (2016)
A wide range of property-related disputes, including those relating to restrictive covenants, adverse possession and boundary disputes. Simon Care has acted in cases before the High Court, the County Court, the Residential Property Tribunal and the First-Tier Tribunal (Property Chamber).
Simon has a particular interest in cases relating to rights of way and has acted in a number of major disputes in this area. He acted successfully in the reported case of Loveluck-Edwards -v- Ideal Developments Ltd & Dyke  EWHC 716 (Ch.) and he succeeded in a claim against the Vale of Glamorgan Council to establish a private vehicular right of way across part of the Porthkerry Park.
All aspects of landlord and tenant matters, both commercial and residential. Simon acted for a group of 12 private leaseholders in a dispute with their landlord, a housing association, concerning a £280k project of works. The case has generated considerable media interest and Simon was interviewed for Channel 4’s Dispatches programme.
Simon has also acted in a number of high profile commercial disputes, including a competition law claim against the manufacturer of Titleist golf clubs, which was believed to have been the first case of its kind in Europe.
Simon’s specialization in property disputes lends itself very well to disputes relating to Wills and the administration of Estates, where a knowledge of property matters is often highly relevant. He has experience of a wide range of cases including challenging wills on the ground of capacity / want of knowledge and approval, removal of executors, estoppel claims and claims brought under the Inheritance (Provision for Family & Dependents) Act 1975.