Antony Zacaroli QC

 

Date of birth:

9th May 1963

Contact details:

3-4 South Square, Gray’s Inn, London WC1R 5HP. 

Telephone +44 (0)20 7696 9900.  Fax +44 (0)20 7696 9911.  LDE 338 (Chancery Lane).
Email clerks@southsquare.com.  Web www.southsquare.com

Education:

1985                         BA (Jurisprudence) First Class, Pembroke College, Oxford

1986                         BCL First Class

Awards:

1987                         Middle Temple Queen Mother's (Wolfson) Scholarship

Professional career:

1987-1991               Lecturer in Law, Pembroke College, Oxford

1987                         Called to the Bar (Middle Temple)

2004                         Called to the Bar of the Eastern Caribbean

2006                         Appointed Queen’s Counsel

Member of Commercial Bar Association (COMBAR)

Member of Chancery Bar Association

Areas of practice and recent reported cases:

Business and financial law, with a wide experience of all aspects of corporate and personal insolvency, and chancery/commercial litigation, including banking, company, commercial trusts and property, professional negligence, partnership, and financial services matters.

Instructed in connection with many insolvencies of the 1990s, including Barings, Polly Peck, BCCI, Maxwell, Bell Lines and Ionica.  More recently involved in insolvency and restructuring in companies in the Energy sector (TXU, British Energy), the telecommunications sector (Global Crossing – Bermuda/UK, Marconi), and, more generally, Federal-Mogul Group (UK/US), Railtrack and Cenargo.

Re Pioneer Investments (2004, British Virgin Islands).   (Cross border insolvency issues – recognition, within winding up proceedings in the BVI, of liquidators appointed in Hong Kong over company incorporated in Macau).

 

North Atlantic Insurance v Nationwide General Insurance (2004, Court of Appeal; 2003, Comm. Ct.) (Insurance pool;  rights of pool members to proceeds of reinsurances on insolvency of pool members).

 

Re Transbus (Ch D) [2004] 1 WLR 2654 (powers of administrators to dispose of company’s assets without leave of the court)

 

Berry Trade v Moussavi and others (2003, Court of Appeal).  (Circumstances in which privilege can be removed from without prejudice discussions).

 

Bank of Scotland v Henry Butcher & Co, and others (Court of Appeal, 2003) Partnership – construction and validity of guarantee).

 

Re N T Gallagher & Sons Ltd (Court of Appeal) [2002] 1 WLR 2380 (Effect of liquidation on trusts effected by Company Voluntary Arrangements).

Re Barings PLC (ChD, 2001) (Adequacy of provision made by liquidators, when making distribution to creditors, in respect of potential costs of auditors’ negligence action).

 

Campbell v Crabtree and others (ChD) [2001] All ER (D) 81 (Liability of LPA receivers in relation to running/marketing business and premises).

 

Barclays Bank v Griffiths (Court of Appeal) [2001] 2 BCLC 316 (Extension of time for registration of company charges).

National Westminster Bank v Utrecht-America Finance Co (Commercial Court - 2000) (Acting for Natwest in claim for anti-suit injunction in relation to proceedings brought against it in California).

Royal Bank of Scotland v Skjelmose (ChD – 2000) (The application of AMF v Hashim in order to obtain the proceeds of sale of property held through a chain of off-shore companies).

Re C E King (ChD) [2000] 2 BCLC 297 (The duties of an administrator and the circumstances in which an administrator might be removed).

Khan v Mortgage Express (ChD) [2000] BPIR 473 (Dealing with the rights of secured creditors in voluntary arrangements).

Grupo Torras v Al Sabah (Commercial Court) [1999] CLC 1469 (International commercial fraud/tracing).

Don King Productions v Frank Warren (ChD) [1998] 2 All ER 607 (Partnership and sports law, in particular, the creation of a trust of the benefit of a non-assignable contract).

Advising and drafting in connection with negligence/breach of trust proceedings in the Royal Court of Jersey against Jefferson Seal and others arising out of the collapse of Confederation Life in Canada (1996-1999)

Miller v Scorey and ors (1995-1999 – acted for Sun Life in connection with a claim for knowing receipt/assistance arising out of alleged breaches of trust by pension fund trustees)

Re Kenburgh PLC (1997) (Acted for liquidators in action for wrongful trading, misfeasance and preference against former directors).

Royal Trust Bank v National Westminster Bank (CA) [1996] BCLC 682 (Fixed/floating charges over book debts).

Re Cosslett (Contractors) Ltd (ChD & CA) [1997] Ch 23 (Fixed/floating charges over chattels).

Re Halson Packaging Ltd (ChD) [1997] BCC 993 (The effect of a liquidation on a trust constituted by a voluntary arrangement).

Barings – acting for defendants in an action brought by bondholders under the Financial Services Act

Doorbar v Alltime Securities (ChD & CA) [1996] 1 WLR 456  (Leading Court of Appeal authority on the interpretation of voluntary arrangements).

Re Bullard & Taplin (ChD) [1996] BCC 973 (Mass transfer of insolvency appointments).

Re Pendigo [1996] BCLC (winding up and costs)

Advised and acted for Cheltenham & Gloucester and other building societies in relation to the multiple “home income plan” claims (1995-7 – banking and financial services)

Acted in relation to professional negligence claims arising out of the insolvencies of Gonzalez Byass (UK) Limited, and National Employees Mutual General Insurance Association (1995-7)

International Bulk Shipping & Services Ltd v. The Minerals & Metals Trading Corporation of India (Commercial Court & CA) [1996] 1 All ER 1016, concerned with the enforcement of an arbitration award and the substitution of parties after the expiry of the limitation period.

Publications:

Contributor to Lightman & Moss, The Law of Receivers of Companies, 3rd Ed., 2000.