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. 

The directories describe him as “seriously impressive and will no doubt be a star of the future”, “a sophisticated and erudite adviser”, “frighteningly efficient and very bright”, “exudes authority and has the ability to grasp complex issues quickly”, and “a really excellent junior.”

Philip’s recent experience includes representing the FCA in the Supreme Court in what is the leading authority on collective investment schemes: FCA v Asset Land, and representing the liquidators in the Supreme Court in Re D&D Wines International, where the court considered the circumstances in which a receipt by an insolvent agent would give rise to a constructive trust.  He is currently acting in a $250m claim against Tesco Plc arising from the retailer’s overstatements of profits, and represents one of the Defendants to a $400m fraud claim in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia (PJSC Tatneft). 


‘An esteemed practitioner with a broad-ranging practice. He regularly handles high-value, major insolvency disputes, demonstrating particular skill in matters containing a fraud element.’

Chambers & Partners UK 2017

‘He is seriously impressive and will no doubt be a star of the future.’

Legal 500 2017

Philip's recent cases include:

Manning & Napier v Tesco PLC (2017).  Acts for the lead claimants in proceedings against Tesco arising from Tesco's public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim has been allocated to the Financial List (the assigned judge being Hildyard J), and a 4 month trial is expected in 2020 (led by Peter de Verneuil Smith).

Re CMOC Sales and Marketing (2017).  Acts for the victim of a sophisticated cyber fraud, pursuant to which approximately $10m of the claimant's funds were misappropriated (led by Paul Lowenstein QC).

PJSC Tatneft v Bogolyubov & others [2017] EWCA Civ 1581. Acts for one of the Defendants to a $400m fraud claim in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia (led by Ali Malek QC, and Matthew Parker).

BMW v Garson (2017).  Acts for BMW in its claim against a former employee who defrauded BMW of £6m by manipulating its electronic payment systems. 

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). 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).

Recent cases include:

Super-Max & Actis LLP v Malhotra [2017] EWHC 3246 (Comm).  Acts for the majority shareholder in the Super-Max Group, the second largest manufacturer of razor blades in the world, in a claim against the Group's minority private equity investor (led by Ali Malek QC and Jonathan Adkin QC).

Manning & Napier v Tesco PLC (2017).  Acts for the lead claimants in proceedings against Tesco arising from Tesco's public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim has been allocated to the Financial List (the assigned judge being Hildyard J), and a 4 month trial is expected in 2020 (led by Peter de Verneuil Smith).

Plutus Capital Limited v Siddiqi (2017).  Acts for a shareholder in a breach of contract claim relating to the development of environmentally friendly automobile technology (led by Alan Gourgey QC, Wilberforce).

Re EGISOL (2017).  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).

Recent cases include:

Re Mediterranean Insurance and Reinsurance Ltd (2017).  Acting for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company's assets to its creditors.

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.

Recent cases include:

Manning & Napier v Tesco PLC (2017).  Acts for the lead claimants in proceedings against Tesco arising from Tesco's public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim has been allocated to the Financial List (the assigned judge being Hildyard J), and a 4 month trial is expected in 2020 (led by Peter de Verneuil Smith).

Re Mediterranean Insurance and Reinsurance Ltd (2017).  Acting for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company's assets to its creditors.

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).  Acted for the FCA in a case concerning the refusal of permission to carry on a regulated activity.  The applicant was a substantial debt management and debt consolidation company.

Recent cases include:

Anon (2017).  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 QC).

Re Mediterranean Insurance and Reinsurance Ltd (2017). Acting for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company's assets to its creditors.

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.

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).

Anon (2017).  Acted 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.

Chapter on collective investment schemes in Purves, Financial Services Law, 4th ed., forthcoming.

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).