Practice
Jonathan
Mark Phillips has a commercial practice involving both litigation
and advisory work. The emphasis is on banking and financial
law, together with fraud and insolvency, though he has appeared
in or advised in connection with a wide range of commercial
disputes. He has an established practice in the field of professional
negligence.
He is experienced in domestic and international banking law
including trade finance letters of credit and bills of exchange,
security and priority questions, securitizations, syndicated
lending, and traditional and electronic payment clearing and
settlement systems.
He advises on matters of financial regulation, and has appeared
for both prosecution and defence before regulatory tribunals.
He deals regularly with money laundering issues and the law
relating to the proceeds of crime and has advised upon the
implications of international economic sanctions.
In litigation and advisory roles he has dealt with issues
of gambling law and is familiar with both the traditional
and on-line gambling industries.
He has acted in relation to a large number of domestic and
international frauds, frequently involving freezing and other
urgent relief. He is used to working closely with insolvency
practitioners and forensic accountants at an early stage.
The subject matter has included fraudulent banking operations,
prime bank instrument and advance fee frauds, bribery and
employee frauds.
In professional indemnity cases he has acted for or against
a number of professionals including accountants and auditors,
surveyors, and insurance brokers. He is most frequently retained
in connection with claims against solicitors and barristers.
In addition to allegations of professional negligence, these
have included claims upon undertakings, for wasted costs,
and tort claims including deceit and conspiracy, as well as
the operation of the solicitors' compensation fund. He has
experience of policy and coverage issues, and of the disputes
which can arise between insurer and insured, in connection
with successor practices or between successive insurers, and
related partnership and authority issues.
Jonathan Mark Phillips has been involved directly or indirectly
with litigation in a number of other jurisdictions, notably
Singapore (where he was a Pegasus scholar in 1993) and India.
He is used to working for or with foreign lawyers or on behalf
of overseas clients, and to co-ordinated proceedings in multiple
jurisdictions.
He is co-editor of the current (28th) and previous edition
of Byles on Bills of Exchange and Cheques and a contributor
to Bullen Leake and Jacob's Precedents of Pleadings. His views
as an author were cited with approval by the New Zealand Court
of Appeal.
Chambers and Partners have listed him as a leading junior
in the field of banking litigation, known for his "tenacity
and effectiveness".
Current Recent or Notable cases
The following is provided to give an indication of the nature
of the work which Jonathan Mark Phillips undertakes. The identity
of clients is not disclosed unless a matter of record. Further
information may be available on request.
Banking and financial
Contentious
- Internet
- mandate - fraud. Defence of proceedings against a
UK bank involving disputed effect of business internet banking
mandate, employee fraud against customer, issues of election
of remedy.
- Direct
Debit system. Advising and representing a group of companies,
then administrators and bankers, in dispute with former
franchisees; injunctions restraining abuse of the BACS and
direct debit guarantee scheme; insolvency issues.
- Advising
and representing two banks in injunctive proceedings arising
out of alleged fraudulent claims through the credit/debit
card system.
- AIM
listing. Claim by formerly AIM listed company against
its former Nominated Adviser for wrongful termination of
their appointment and consequent de-listing of the company.
- Bond
market. Advising and assisting a UK based international
bank in connection with multiple proceedings before the
Special Court in Mumbai and the Supreme Court in Delhi and
arising out of the 1991-2 Bombay bond market scandal.
- Investments,
trust accounts. Advising the Jersey based subsidiary
of a London bank in connection with the fraudulent collapse
of a Paris-based investment company, resulting in litigation
before the Courts in Jersey and Paris.
- Cheque
fraud - liability of banks. Claim on behalf of a leading
city solicitors' firm against the collecting and paying
bankers of a £1m cheque stolen from them. Linklaters
v HSBC [2003] EWHC 1113 (Comm).
- Claim
by Abu Dhabi based business against a London bank arising
from the collection of an apparently stolen French bank
draft.
- Mis-selling/jurisdiction.
Advising on proper law and jurisdiction issues arising from
allegedly negligent advice in relation to off-shore investments
by channel islands bank.
- Defence
of a city law firm sued in respect of allegedly negligent
advice given as to remedies for the alleged mis-selling
to overseas investors of emerging market derivatives.
- Bank
References. Defence of a foreign bank in various proceedings
brought against them by casinos and based upon allegedly
fraudulent bankers references.
Non-contentious
- Bank
administration. Advice to the beneficiary of a financial
guarantee provided by a bank going into administration
- Bank
merger. Advice on the implications for various syndicated
loan agreements of the creation by merger of a new European
Company under Council Regulation (EC) No 2157/2001 and corresponding
principles of universal succession.
- Foreign
Securitisation. Advice in relation to certain aspects
of security documents relating to securitisation of foreign
mortgage assets.
- Trade
Finance. Non contentious advice in connection with trade
finance operations to be conducted by UK subsidiary of overseas
bank; regulatory and legal issues.
- Money-laundering.
Advising and assisting two trade associations in connection
with the implications of the Third Money laundering directive
and preparation on their behalf of a response to a consultation
paper issued by HM Treasury.
- Gambling
and lotteries. Advising a UK high street bank as to
the legality of and issues raised by a proposed new financial
product.
- Internet
Banking. Advising and settling on behalf of a UK bank
terms and conditions relating to its provision of internet
banking services.
Fraud
- Property
fraud. Advising a bank from an EU state on insolvency
and recovery strategy arising from substantial property
fraud; international enforcement issues.
- Foreign
state. Advice and representation of a foreign department
of state in relation to a substantial (>US$120m) fraud
action, involving parallel civil and criminal proceedings,
international criminal restraining orders and multiple jurisdictions.
- Bribery.
Advice and representation of an IT company in relation to
employee fraud and bribery by third parties.
-
Representing an insurer in relation to allegedly fraudulent
inflation of claims by contractors.
- Airline,
ticketing fraud and abuse of frequent flyer loyalty schemes.
- Prime
bank instrument fraud. Successful claim against a west-end
solicitors firm arising out of the misappropriation by a
consultant of sums deposited with them, pursuant to a prime
bank instrument fraud. De Beer v Kanaar & Co
[2002] EWHC 688 (Ch)
-
Proceedings, including freezing injunctions, on behalf of
an accountancy firm against a consultant accused of substantial
fraud involving an investigation by the Special Compliance
Office of HM revenue and customs.
-
Claims, including injunctive proceedings, on behalf of a
UK bank arising from the mis-appropriation by an agency
manager of several million pounds.
- BCCI/ICIC
liquidations - as a junior counsel both in various recoveries
actions, and in connection with conspiracy claims advanced
in the Cayman Islands.
Professional
Indemnity
- Defence
of a city firm and partner sued for alleged deceit and conspiracy
arising out of the conduct of freezing injunction proceedings.
The claim was struck out on appeal to the Court of Appeal
: Sprecher Grier Halberstam v Martin Walsh [2008]
EWCA 1324
-
Successful claim against a west-end solicitors firm arising
out of the misappropriation by a consultant of sums deposited
with them, pursuant to a prime bank instrument fraud De
Beer v Kanaar [2002] EWHC 688 (Ch)
- Defence
of a city firm sued in respect of allegedly negligent advice
given as to remedies for the alleged mis-selling to overseas
investors of emerging market derivatives.
-
Defence on behalf of solicitors of a claim brought against
them and leading and junior counsel in relation to the collapse
of earlier litigation concerning the allegedly fraudulent
mis-use of pension funds.
-
Successful defence of a specialist firm accused of negligence
in connection with the sale on behalf of a charity of a
substantial plot of development land, contaminated by landfill.
-
Defence of a city firm alleged to have been negligent in
the de-merger of a business and in connection with an associated
IPO.
-
Defence of a barrister accused of negligence in the conduct
of a trial concerning the breach of exclusive distribution
agreements.
-
Defence of a west-end firm alleged to have been negligent
in connection with agreements for the retirement of a senior
partner of a property firm.
-
Defence of a west-end solicitor against whom allegations
of negligence and breach of fiduciary duty were made arising
out of property transactions conducted in the context of
injunctive and minority shareholder proceedings.
Member
Inner Temple
|
