Stephen Phillips QC Call 1984; QC 2002; MA (Oxon); Martin Wronker Prize for the top First in law (1983); Deputy High Court Judge and Recorder E-mail: sphillips@3vb.com

Stephen Phillips specialises in commercial litigation, arbitration and advisory work. He is regularly instructed in substantial commercial disputes and has extensive experience in interlocutory, trial and appellate advocacy, both in England and Wales and other commonwealth jurisdictions such as the Cayman Islands, the Bahamas and Trinidad & Tobago. He is consistently noted for his cross-examination, being described as a "brilliant cross-examiner" (Chambers & Partners 2002-3) and as "prized for his skills in cross-examination" (Legal 500, 2006).

Stephen is consistently rated by the directories as a leading silk in the areas of commercial litigation, banking and finance and fraud. According to Chambers & Partners (2007) he is "applauded for his razor sharp mind speedy responses" and, in the field of banking, has "excellent industry knowledge and always adds a splash of commerciality". He is also described as "an excellent fraud counsel" (Legal 500, 2006).

Stephen frequently works with teams comprising combinations of solicitors, insolvency practitioners, foreign attorneys, forensic accountants and leading and junior counsel. He is described as "user-friendly" and "one of those QC's who'll do a lot of the work himself - he's proactive and hard-working" (Chambers & Partners, 2006).

Areas of Practice

Commercial litigation and arbitration, including contractual and trust-related disputes arising from dealings with shares or assets, joint ventures, limited partnerships, special purpose vehicles, licensing and franchise agreements, commercial loans, gaming transactions.

Banking and finance, including securitisations, swaps, CDOs, derivative products, letters of credit and commercial instruments, guarantees and securities. Advice as to the impact of the Proceeds of Crime Act on banks and the financial operations of large companies.

Commercial fraud, tracing and asset recovery, including use of the full range of injunctive and other provisional remedies in multiple jurisdictions.

Conflict of laws, including jurisdictional disputes, stay applications and anti-suit injunctions and disputes as to governing law.

Insolvency, in particular acting for domestic and foreign IPs in utilising statutory powers and common law remedies.

Professional negligence, specialising in claims involving solicitors, attorneys, barristers and accountants.

Information technology and telecommunications disputes.

Sports Law, particularly acting in disputes concerning football clubs.

Notable Cases include:

• Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] All ER (D) 236 (acted for claimant in commercial court trial alleging bank gave fraudulent paid answers on cheques)
  
  
• UK (Aid) Ltd. V. Mitchell (2007) (acting for KPMG liquidators in claims against directors for fraudulent misappropriation of company assets including worldwide freezing injunction. Summary judgment granted by Richards J: Lawtel 16 May 2007. First defendant director commited to prison for contempt of court by Richard J on 31.7.07
  
  
• Caring Together Ltd v. Bauso (2007) (acting for PwC liquidators alleging fraudulent misappropriation of business by a director in breach of fiduciary duty, with claims in conspiracy and dishonest assistance. Worldwide freezing injunctions continued by Briggs J: Lawtel 13.7.06. Trial April 2008)
  
  
• STMicroelectronics NV v. Condor [2006] 2 Lloyd's Rep 525 (acting for beneficiary of trade guarantee in Commercial Court claim against guarantor)
  
  
• Dwr Cymru Cyf v. Corus UK Ltd [2006] All ER (D) 401 (acted for water undertaker in claim against steel manufacturer disputing charges on contractual, competition and public law grounds)
  
  
• Bakwin v. Erie International Trading Co. Inc (2006) (acted for interpleader in dispute as to title to expressionist paintings consigned for sale at Sotheby's in application for stay pursuant to s. 10(1) of the Arbitration Act 1996)
  
  
• Bates v. Chelsea Village plc and Chelsea Football Club Ltd (2005) (acted for football club resisting claim by former chairman).
  
  
• Pickering v. Derby County Football Club Ltd (2005) (acted for the Co-operative Bank plc in proceedings relating to a guarantee of football club's facilities)
  
  
• TSTT v. Scotiabank (2004) (acted for bank defending claim in Trinidad for alleged payments in breach of mandate)
  
  
• Lyford Cay House Ltd v. Graham Thompson & Co (2004) (acted for vendors of commercial property in respect of claim against attorneys for breach of escrow)
  
  
• XL Insurance (Bermuda) Ltd v. PinnOak Resources LLC (2004) (acted for insurer obtaining anti-suit injunction to restrain foreign proceedings brought in breach of London Arbitration Clause in policy)
  
  
• Perotti v. Bird & Bird (2004) (acted for solicitor defendants in obtaining general civil restraint order against litigant in person - earlier proceedings reported Lawtel 29.10.03)
  
  
• Cantrade Privatbank AG v. Fortis Fund Services (Bahamas) Ltd (2004) (advised a Swiss bank in relation to proceedings in the Bahamas arising from the liquidation of the Oracle Fund)
  
  
• Citibank N.A. v. Rasheed Bank [2003] 2 All ER (Comm) 1054 (acted for Citibank in opposing appeal by Iraqi bank against registration of Dutch Judgment under the CJJA 1982)
  
  
• Re New China Hong Kong Capital Limited [2003] BPIR 1176 (acted for foreign liquidators seeking recognition in the UK and orders under Insolvency Act s. 236)
  
  
• E-Millennium Ltd v. Deutsche Bank AG (2003) (acted for the bank in proceedings in Grand Cayman in relation to the E-Millenium Asia Fund)
  
  
• GMAC Commercial Credit Ltd. v. Dearden (2003) (acted for lender in factoring agreement alleging company operated fraudulent invoicing scheme)
  
  
• Carr v. Bower Cotton (2002) EWCA Civ 1788 (acted for solicitors defending claim for paying away funds in alleged breach of authority)
  
  
• Railtrack Telecom Services Ltd. v. Marconi Corporation plc [2002] All ER (D) 361 (acted for Marconi in dispute concerning telecommunications joint venture with Railtrack)
  
  
• Gold Coast v. Caja de Ahorros [2002] 1 Lloyds Rep 617 [2002] 1 All ER (Com) 142 (whether refund guarantees provided in respect of shipbuilding contract were payable on demand)
  
  
• Telecential Communications (Canada) Ltd. v. Pirunico Trustees (Jersey) Ltd. (2002) (acted for KPN company in dispute over exercise of share put option)
  
  
• Meftah v. Lloyds TSB [2001] 2 All ER (Comm) 741 (acted for bank in Chancery Division trial defending allegations of sale of commercial property at an undervalue)
  
  
• Net2Phone v. Cable & Wireless (Cayman Islands) Inc (2000) (acted for C&W in proceedings in relating to internet telephone services in the Cayman Islands)
  
  
• Bonotto v. Bocalletti (2000) (fraud and asset recovery action tried in Grand Cayman. Went to the Court of Appeal on the question of jurisdiction of the Grand Court to award indemnity costs)
  
  
• Centremodel Projects Ltd. v. Royal Bank of Scotland (2000) CA - Lawtel 4.7.00 (acted for RBS in Manchester Mercantile Court and the Court of Appeal defending claim by creditor of a customer of the bank)
  
  
• Centrax v. Citibank [1999] 1 All ER (Comm) 557 (construction of Citibank's WorldLink cheque issuing system)
  
  
• Normaco v. Lundman [1999] 2 CPLR 326 (worldwide freezing injunction - registration abroad)
  
  
• Ritz Casino Ltd v Khashoggi (1996) (acted for casino suing on dishonoured cheques)
  
  
• Barclays Bank plc v. Green [1995] (repayment of overdraft on demand, cited in Paget's Law of Banking 2002 ed. para 7.9)
  
  
• Crockfords Club Ltd. v. Mehta [1992] 1 WLR 355, [1992] 2 All ER 748 (enforceability of loans for gaming purposes - s.16 Gaming Act 1968)
  
  
• BJ Crabtree (Insulation) Ltd. v. GPT Communication Systems Ltd. (1990) 59 Build LR 43 (security for costs where Defendant has counterclaim)
  
  
• Dole Dried Fruit and Nut Co. v. Trustin Kerwood Ltd [1990] 2 Lloyd's Rep 309 (entitlement to set-off claim under related transactions)
  
  
• Standard Chartered Bank v. Yaacoub (1990) CA, RSC Order. 14/4/9 (rejecting defendant's affidavit evidence in summary judgment proceedings)
  
  
• Lemenda Trading Co. Ltd. v. AMEPC Ltd. [1986] QB 448, (illegality/conflict of laws)
  
  

Clients

Domestic and foreign banks and their customers, insurance companies and funds, companies and individuals involved in commercial transactions, liquidators and receivers.

Awards & Scholarships

Open Scholar of University College, Oxford
Martin Wronker Prize for the top First in Law (1983)

From Gray's Inn: