Year of call: 2008
E: phinks@3vb.com

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Philip is a leading junior who is regularly instructed in high-value, complex matters, particularly in relation to general commercial, civil fraud, financial services and insolvency disputes.

Most recently, Philip represented the FCA in the Supreme Court in what is the leading authority on collective investment schemes: FCA v Asset Land [2016] UKSC 17.  He represented the liquidators in the Supreme Court in Re D&D Wines International [2016] UKSC 47, where the court considered the circumstances in which a receipt by an insolvent agent would give rise to a constructive trust.  He acted for Renault Sport SAS in the highly publicised insolvency proceedings: Re Lotus F1 Team Ltd, where he successfully prevented an administration order from being made against Lotus, thereby permitting Renault’s acquisition to take place.  He is currently acting for one of the respondents to a $400m worldwide freezing injunction in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia.

Before coming to the Bar, Philip lectured at the University of Bristol (conflict of laws, LLB, and international contracts, LLM).  Having completed a series of secondments between 2009 and 2011 at PwC and the Pensions Regulator, Philip fully appreciates the challenges of operating in a commercial environment.


‘a really excellent junior’

Chambers & Partners UK 2014

‘frighteningly efficient and very bright’

Chambers & Partners UK 2014

Philip's recent cases include:

Anon (2016). Acts for one of the Respondents to a $400m worldwide freezing injunction in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia.  A six day set aside hearing is fixed for October 2016 (led by Ali Malek QC, Matthew Parker and Peter de Verneuil Smith).

Bank of Moscow v Chernyakov (2016).  Acted for the Bank of Moscow in an urgent application for a worldwide freezing order and a passport-surrender order against a Russian oligarch who was temporarily present in the United Kingdom (led by Clive Freedman QC, 7 King’s Bench Walk).

Re Azure Glory Ltd (2015). Acted on behalf of the claimants in a substantial civil fraud claim arising out of the buying and selling of high-value works of art (led by Ali Malek QC).

Anon (2015). Acts for an international supplier of goods from whom £6m was fraudulently misappropriated by a former employee. Involves Norwich Pharmacal disclosure orders, asset tracing and proprietary remedies (led by Alan Gourgey QC, Wilberforce Chambers).

Anon (2015). Acted for the claimants in a $20m ICC arbitration (Geneva) connected with the Bernard Madoff fraud. Involves claims in deceit, breach of fiduciary duty and professional negligence (led by Alan Gourgey QC, Wilberforce Chambers)

Re Ultraclass, sub nom Michael v Assemakis & Evans (Lawtel, 4 April 2012). Acted for the liquidator in multimillion pound misfeasance proceedings arising out of an alleged ‘land banking' fraud (led by Marcia Shekerdemian QC, Wilberforce Chambers).

Recent cases include:

Re EGISOL (2016).  Acts for the claimant in a multimillion pound breach of trust and professional negligence action against the claimant’s former solicitors, a top 100 US law firm (led by Catherine Gibaud QC).

Re Azure Glory Ltd (2015). Acted on behalf of the claimants in a substantial civil fraud claim arising out of the buying and selling of high-value works of art. The claimants claimed in conspiracy, deceit and breach of fiduciary duty based on what they allege to be secret profiting made by a former agent (led by Ali Malek QC).

Anon (2015). Acts for an international supplier of goods from whom £6m was fraudulently misappropriated by a former employee. Involves Norwich Pharmacal disclosure orders, asset tracing and proprietary remedies (led by Alan Gourgey QC, Wilberforce).

Anon (2015). Acted for the claimants in a $20m ICC arbitration (Geneva) connected with the Bernard Madoff fraud. Involves claims in deceit, breach of fiduciary duty and professional negligence (led by Alan Gourgey QC, Wilberforce)

Seakom Ltd v Knowledgepool Group Ltd [2013] EWHC 4007 (Ch). Acted on behalf of the claimants in a multimillion pound claim for the recovery of commissions due on the sale of training programmes. Involved difficult issues of estoppel by convention and the novation of contractual liabilities (led by Jamie Riley, Littleton Chambers)

Re Ultraclass, sub nom Michael v Assemakis & Evans (Lawtel, 4 April 2012). Acted for the liquidator in multimillion pound misfeasance proceedings arising out of an alleged ‘land banking' fraud (led by Marcia Shekerdemian QC, Wilberforce).

Re Stemcor Trade Finance Ltd (2016).  Acted for the State Bank of India (SBI) in relation to an application to sanction a scheme of arrangement involving Stemcor, the world’s largest independent steel trader (led by Jonathan Nash QC).

Re Covpress International Holdings Ltd (2016).  Acting for the petitioner in a substantial unfair prejudice action pursuant to s.996 Companies Act 2006.  Concerns the leading UK manufacturer and retailer of automobile tyres and spare parts.

Re J.K. Buckenham (Hildyard J, 27 June 2014). Acted for the company in this successful scheme of arrangement application relating to an insurance broker. The application involved issues of breach of trust, the distinction between creditors and beneficiaries, and data protection.

Re Porritt, sub nom Barnett v Rose [2011] 4161 of 2010. Acted for the trustee in bankruptcy in a four-day trial in which declarations were sought that the trustee was not bound to transfer certain of the bankrupt's shares as a result of fraudulent misrepresentations and collusion.

Philip's cases include:

FCA v Asset Land [2016] UKSC 17. Acted for the FCA in the Supreme Court, Court of Appeal and at first instance (Andrew Smith J) in what is the leading authority on collective investment schemes. The case concerned a number of ‘land-banking’ schemes established in the UK.  The Supreme Court accepted the FCA’s case that the schemes were collective investment schemes and upheld the judge’s £15m restitution order (led by Nicholas Peacock QC (Maitland) and Tim Penny QC (Wilberforce)).

Lehman Brothers International (Europe) v DZ Bank and the Bank of New York Mellon (2016).  Acted for DZ Bank in a complex banking dispute concerning triparty repo transactions (led by Ewan McQuater QC).

Re Cardrow Insurance Ltd (2016). Acted for the transferor in relation to a transfer of insurance business pursuant to Part 7 of FSMA.  The transfer concerned in excess of 60,000 insurance policies written in favour of individuals residing in the UK and Channel Islands.  The sanction hearing took place before Henry Carr J in March 2016.

FCA v Hope (2016). Acted for the FCA in relation to its highly publicised claim against Alex Hope arising out of the latter’s operation of a £6m forex fraud.  Mr Hope was convicted in relation to the fraud, and Philip acted for the FCA with respect to the (civil) proceeds of crime aspects of the case.  The claim raised the novel issue of how to distribute the proceeds of a multi-victim fraud in circumstances where a number of those victims have trust claims against the fraudster.

Anon (2016).  Acts for the FCA in a case concerning the refusal of permission to carry on a regulated activity.  The applicant is a substantial debt management and debt consolidation company.

Anon (2015).  Acts for the Pensions Regulator in a multimillion pound contribution notice action arising out of the takeover of a failing retailer by a private equity house (led by Keith Rowley QC, Radcliffe Chambers).

Re LP Umbrella Trust [2014] EWHC 1378 (Ch). Acted for the Pensions Regulator in a claim arising out of alleged pensions liberation arrangements (led by Keith Rowley QC, Radcliffe Chambers).

FCA v Capital Alternatives Ltd (2014) (other aspects reported under [2014] 2 All E.R. (Comm) 481). Acts for the FCA in connection with the interplay between the financial services legislation and the Insolvency Act 1986.

Dominion Corporate Trustees Ltd v Capmark Bank Europe Plc [2011] EWCA Civ 380. Represented the Bank in Dominion's claim that its right of indemnity under a Jersey trust instrument took priority over the Bank's security. The Court of Appeal decided in favour of the Bank (led by Raquel Agnello QC, Erskine).

Philip has been ranked as a leading junior in the legal directories in insolvency & restructuring since 2014. His experience includes:

Re D & D Wines International Ltd, [2016] UKSC 47. Acted for the liquidators in a claim concerning the termination of agency and the application Neste Oy-type constructive trusts where an insolvent agent receives funds on behalf of its principal (led by Jamie Riley, Littleton Chambers).

HMRC v Lotus F1 Team Ltd.  Acted for Renault Sport SAS, the purchaser of the entire shareholding in Lotus F1 Team Ltd, in circumstances where HMRC (together with 20 other creditors) were seeking to place Lotus into administration.  Philip successfully prevented an administration order from being made against Lotus, thereby permitting Renault’s acquisition to take place.  As a result, the Renault-Lotus Team will now compete in the 2016 Formula One competitions.

Anon (2016).  Acts for the liquidators in a £40m transaction at an undervalue and misfeasance action against the former directors of a substantial biomedical research company (led by Ian Wilson).

Pioneer Point Ltd v London & Regent Construction Ltd (2016).  Acted on behalf of the administrators of Pioneer Point Ltd, a company which owns a multimillion pound building development in Stratford, in relation to a heavily contested winding up petition (led by Lexa Hilliard QC, Wilberforce).

Anon (2015). Acted for the liquidators in a multimillion pound misfeasance claim arising out of the undervalued sale of a series of ten-pin bowling centres to connected parties.

Re Southern Pacific Personal Loans Ltd [2014] 1 All E.R. 98. Acted for the liquidators in this ground-breaking decision dealing with the interaction between the insolvency and data protection regimes. Contrary to the guidance on the Insolvency Service and Information Commissioner Office's websites, the Court held that liquidators were not data controllers within the meaning of s1 of the Data Protection Act 1998 in respect of personal data processed by the company prior to its liquidation (led by Lexa Hilliard QC, Wilberforce).

Re Crisscross Communications (Norris J, 18 November 2014). Acted for Baker Tilly in a novel application to place nine connected companies into liquidation pursuant to the Court's inherent jurisdiction, as opposed to via the presentation of winding-up petitions (the application having been necessitated by the administrator's sudden and unexpected death whilst in office).

Hudson & ors v Gambling Commission (Re Frankice (Golders Green) Limited) [2010] EWHC 1229 (Ch); [2010] Bus. L.R. 1608 (Norris J). Successful application for a declaration that a regulatory review brought by the Gambling Commission against companies in administration was within the scope of the moratorium imposed by paragraph 43 of schedule B1 to the Insolvency Act 1986 (led by Raquel Agnello QC, Erskine Chambers).

Anon (2016).  Acts for the claimant in a multimillion pound ICC arbitration (London).  The dispute arises out of an agency agreement concerning the production and sale sugar cane-to-energy cogeneration equipment in Latin America.

Anon (2016).  Acted for the respondent to a substantial commission claim concerning a construction project in Dubai.  ICC arbitration seated in London.

Anon (2016).  Acted for the claimant in an action for the recovery of funds pursuant to a number of agreements for the sale and purchase of gold.  LCIA arbitration seated in London.

Anon (2015). Acted for the claimants in a $20m ICC arbitration (Geneva) connected with the Bernard Madoff fraud. Involves claims in deceit, breach of fiduciary duty and professional negligence (led by Alan Gourgey QC, Wilberforce).

Anon (2014).  Acted for the claimant in a LCIA arbitration (London) concerning breaches of a shareholder agreement and non-competition covenants.

BCL, University of Oxford (BNC) – restitution, conflict of laws, insolvency & tax.

LLB in Law & French, University of Bristol – top 1st in graduating year.

Client money: when an equitable compensation claim trumps a contractual claim BJIB & FL (2015), 30(11), 686-688.

Collective Investment Schemes: the first appellate clarification since 2006 (2015) JIBFL.

Various Lexis Nexis Practice Notes on the interrelationship between pensions law and insolvency, and on IVAs (2012).

Officeholder freezing injunctions: practice and developments, Insolv. Int. 2012, 25(6), 90-93.

The Rebirth of Rome (the Rome I and Rome II Regulations on applicable law), Co.L.J. (2009) 28, 13-15.

Forum Shopping in the European Judicial Area (review), L.M.C.L.Q. (2009) 1, 153-155.

Contributor to Baughen, Shipping Law, 4th ed. (2009) (updates to chapters on jurisdiction and applicable law, and security and interim relief).

Sale of Goods and the Brussels I Regulation, L.M.C.L.Q. (2008) 3, 353-365 (with Christopher Hare).