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), "prized for his skills in cross-examination" (Legal 500, 2006) and "a lethal cross-examiner and a brilliant tactician" Chambers & Partners (2009).

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). Chambers & Partners (2008) notes that he "often acts in frauds that have resulted in insolvency. His limitless knowledge of both areas makes him a perfect choice for such matters".

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, and gaming disputes.

Commercial Litigation and Arbitration

• Bank of New York Mellon v. GV Films Ltd (2009): represented trustee of bond issues in Commercial Court claim to enforce repayment after acceleration, obtaining anti-suit injunction (Field J.) and summary judgment (Blair J.)
  
  
• Tabra v. Monterrico Mining (2009) Gloster J.: appeared for mining company applying to discharge worldwide freezing order obtained in respect of claims arising from operation of mining concession in Peru. Featured on front page of The Guardian 19 October 2009.
  
  
• Pipavav Shipyard Ltd. V. SETAF s.a.s. (2009): acted for shipyard in Commercial Court proceedings for injunction to restrain demand on refund guarantees: injunction granted by Gross J., discharged by Andrew Smith J.
  
  
• Berghoff Trading Ltd v Swinbrook Developments Ltd [2009] 2 Lloyd's Rep 233 Court of Appeal: acted for Appellant guarantor on appeal from Commercial Court decision striking out the Appellant's counterclaim for an indemnity in respect of a payment of US$160m
  
  
• Uzinterimpex JSC v. Standard Bank plc [2008] Bus LR 1762: represented Defendant bank in Court of Appeal, resisting allegations that an improper demand was made under an advance payment guarantee and upholding findings that the claimant had failed to mitigate losses arising as a result of conversion of consignments of cotton
  
  
• 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
  
  
• 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)
  
  
• 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)
  
  
• Railtrack Telecom Services Ltd. v. Marconi Corporation plc [2002] All ER (D) 361 (acted for Marconi in commercial court proceedings concerning telecommunications joint venture with Railtrack)
  
  
• 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)
  
  
• 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)
  
  
• 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 Commercial Court proceedings concerning exercise of share put option
  
  
• Net2Phone v. Cable & Wireless (Cayman Islands) Inc (2000): acted for C&W in proceedings in relating to internet telephone services in the Cayman Islands
  
  
• Dole Dried Fruit and Nut Co. v. Trustin Kerwood Ltd [1990] 2 Lloyd's Rep 309: entitlement to set-off claim under related transactions
  
  
• BJ Crabtree (Insulation) Ltd. v. GPT Communication Systems Ltd. (1990) 59 Build LR 43: security for costs where Defendant has counterclaim
  
  
• Lemenda Trading Co. Ltd. v. AMEPC Ltd. [1986] QB 448, (illegality/conflict of laws - Phillips J. Commercial Court)
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• National Grid Electricity Transmission plc v. McKenzie (2009): represented National Grid in seven week Chancery Division trial of claims for bribery, conspiracy to defraud, breach of fiduciary duty and dishonest assistance. Judgment reserved
  
  
• In Re Fortuna Development Corporation (2009): representing minority shareholder petitioning to wind up company in Cayman Islands proceedings, involving issues as to independence of valuer (Court of Appeal December 2007) and whether offer to purchase minority shareholding justified striking out petition under O'Neill v. Phillips principles (Court of Appeal December 2009) Hearing in Court of Appeal December 2009)
  
  
• 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 committed 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)
  
  
• Cantrade Privatbank AG v. Fortis Fund Services (Bahamas) Ltd (2004) (advised UBS private bank in relation to fraud claim in the Bahamas arising from the liquidation of the Oracle Fund)
  
  
• GMAC Commercial Credit Ltd. v. Dearden (2003) (acted for lender in factoring agreement alleging company operated fraudulent invoicing scheme)
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• Bank of New York Mellon v. GV Films Ltd (2009): represented trustee of bond issues in Commercial Court claim to enforce repayment after acceleration, obtaining anti-suit injunction (Field J.) and summary judgment (Blair J.)
  
  
• Pipavav Shipyard Ltd. V. SETAF s.a.s. (2009) Acted for shipyard in Commercial Court proceedings for injunction to restrain demand on refund guarantees: injunction granted by Gross J., discharged by Andrew Smith J.
  
  
• Berghoff Trading Ltd v Swinbrook Developments Ltd [2009] 2 Lloyd's Rep 233 Court of Appeal. Acted for Appellant guarantor on appeal from Commercial Court decision striking out the Appellant's counterclaim for an indemnity in respect of a payment of US$160m
  
  
• Uzinterimpex JSC v. Standard Bank plc [2008] Bus LR 1762 represented Defendant bank in Court of Appeal, resisting allegations that an improper demand was made under an advance payment guarantee and upholding findings that the claimant had failed to mitigate losses arising as a result of conversion of consignments of cotton
  
  
• 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)
  
  
• TSTT v. Scotiabank (2004) (acted for bank defending claim in Trinidad for alleged payments in breach of mandate)
  
  
• 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)
  
  
• 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)
  
  
• 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: choice of law clause)
  
  
• Barclays Bank plc v. Green [1995] (repayment of overdraft on demand, cited in Paget's Law of Banking 2002 ed. para 7.9)
  
  
• Standard Chartered Bank v. Yaacoub (1990) CA, RSC Order. 14/4/9 (rejecting defendant's affidavit evidence in summary judgment proceedings)
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• National Grid Electricity Transmission plc v. McKenzie (2009): represented National Grid in seven week Chancery Division trial of claims for bribery, conspiracy to defraud, breach of fiduciary duty and dishonest assistance. Judgment reserved
  
  
• In Re Fortuna Development Corporation (2009): representing minority shareholder petitioning to wind up company in Cayman Islands proceedings, involving issues as to independence of valuer (Court of Appeal December 2007) and whether offer to purchase minority shareholding justified striking out petition under O'Neill v. Phillips principles (Court of Appeal December 2009) Hearing in Court of Appeal December 2009)
  
  
• 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 committed 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)
  
  
• 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)
  
  
• 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)
  
  
• Carr v. Bower Cotton (2002) EWCA Civ 1788 (acted for solicitors defending claim for paying away funds in alleged breach of authority: Chancery Division trial and Court of Appeal)
  
  
• 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)
  
  
• 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)
  
  
• Normaco v. Lundman [1999] 2 CPLR 326 (worldwide freezing injunction - registration abroad)
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• In Re Fortuna Development Corporation (2009): representing minority shareholder petitioning to wind up company in Cayman Islands proceedings, involving issues as to independence of valuer (Court of Appeal December 2007) and whether offer to purchase minority shareholding justified striking out petition under O'Neill v. Phillips principles (Court of Appeal December 2009) Hearing in Court of Appeal December 2009)
  
  
• 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 committed 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)
  
  
• 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)
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• Bank of New York Mellon v. GV Films Ltd (2009): represented trustee of bond issues in Commercial Court claim to enforce repayment after acceleration, obtaining anti-suit injunction to restrain proceedings in the Madras High Court (Field J.) and summary judgment (Blair J.)
  
  
• Tabra v. Monterrico Mining (2009) Gloster J.: appeared for mining company applying to discharge worldwide freezing order obtained in respect of claims arising from operation of mining concession in Peru. Featured on front page of The Guardian 19 October 2009.
  
  
• 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)
  
  
• 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)
  
  
• Centrax v. Citibank [1999] 1 All ER (Comm) 557 (construction of Citibank's WorldLink cheque issuing system: choice of law clause)
  
  
• Lemenda Trading Co. Ltd. v. AMEPC Ltd. [1986] QB 448, (leading case on illegality/conflict of laws - Phillips J. Commercial Court)
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• 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)
  
  
• 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)
  
  
• Ritz Casino Ltd v Khashoggi (1996) (acted for casino suing on dishonoured cheques)
  
  
• 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
  
  
• Advised Premier League football club on sponsorship contract dispute.
  
  
• Advised Premier League fooball club on merchandising contract dispute.
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