Edoardo Lupi +44 (0)20 7696 9900 edoardolupi
@southsquare.com


vCard

Practice Managers

Edoardo Lupi

Edoardo Lupi Edoardo Lupi

Edoardo Lupi

Called to the Bar 2015
+44 (0)20 7696 9900
edoardolupi@southsquare.com
Edoardo Lupi
Called to the Bar 2015

Edoardo joined South Square as a tenant in 2016.

During pupillage at South Square, Edoardo was exposed to all of chambers’ core areas of practice, including cross-border and domestic insolvency, banking, company law, commercial litigation and offshore. Notable cases he assisted on as a pupil include the Lehman Brothers Waterfall II Application, Heis v MF Global UK Services Limited in the Court of Appeal, and Primeo Fund v HSBC.

Since being taken on as a tenant, Edoardo has regularly appeared as sole counsel in the High Court and in the County Court on a variety of matters, including on injunctions and applications for summary judgment. He was recently instructed as sole counsel on a claim by a note trustee worth in excess of US$200 million. He is also currently being led on a public law claim against a foreign government and central bank.

Prior to joining chambers, Edoardo gained valuable experience working on the reorganisation of a major bank at McKinsey in Milan, in the Economic Crimes and Governance Division at the Attorney General’s Chambers in Singapore, and at a major law firm in the City. He also marshalled for Mr Justice Dingemans in the High Court.

Edoardo graduated from Oxford University with a Congratulatory First Class degree in Classics, obtaining the second highest mark in his year.

AREAS OF PRACTICE

Insolvency and Restructuring

Recent cases include: 
  • Re a Company - an application to restrain presentation of a winding up petition raising issues involving implied contracts and contractual set-off. In his judgment, Newey J commented on Edoardo’s “well-constructed submissions”.
  • Joanna Lemos v Joint Trustees in Bankruptcy of Christos Lemos - an application for permission to commence a claim under s. 423 IA 1986, stemming from the Court of Appeal’s judgment in Lemos v Lemos [2016] EWCA Civ 1181.
  • Re Independent Derivative Traders Limited (In Administration) - a successful application for the temporary appointment of concurrent administrators, the winding up of the company, the concurrent administrators’ discharge and their appointment as joint liquidators
  • Lehman Brothers Waterfall II Application - distribution of the circa £7 billion surplus in LBIE’s estate (assisting Antony Zacaroli QC, David Allison QC and Adam Al-Attar)
  • LBI hf v UBS - cross-affiliate set-off under the ISDA Master Agreement (assisting Daniel Bayfield QC and Gabriel Moss QC)
  • Privatbank [2015] EWHC 3186 (Ch) - scheme of arrangement involving one of Ukraine’s largest banks (assisting Tom Smith QC)
  • Lewis (Liquidator of Matrixphotos.com ltd) v Bridger - appeal against the dismissal of a section 236 IA86 application against a former company director (assisting Richard Fisher)
  • Bank Sarasin Alpen (ME) - winding up petition before the DIFC Courts (assisting David Allison QC)
  • Drafted advice on the validity of charges over an insolvent group’s assets, and the application of BVI avoidance provisions (assisting Richard Fisher).
  • Drafted advice on the set-off of contingent debts in the context of schemes of arrangement (assisting Daniel Bayfield QC)
  • Drafted advice on the winding up of overseas partnerships (assisting Daniel Bayfield QC)

Banking and Finance

  • GSO Credit v Barclays Bank Plc [2016] EWHC 146 (Comm) - construction of LMA standard terms in relation to sale of commitment under surety bonds facility (assisting Tom Smith QC)
  • Hayfin Opal Luxco 3 S.A.R.L v Windermere VII CMBS plc - rights of a class of noteholders in Credit Suisse originated commercial mortgage backed securitisation (assisting Stephen Robins and Jeremy Goldring QC)
  • Various advices on the rights of noteholders and the legal characterisation of ownership of dematerialised securities. 

Commercial Litigation and Arbitration

  • Heis v MF Global UK Services Limited  [2016] EWCA Civ 569  - existence of an implied contract between MF Global UK and the group services company, obliging former to fund pensions liabilities of latter (assisting Daniel Bayfield QC and Martin Pascoe QC)
  • Edgeworth Capital Luxembourg SARL v Maud [2015] EWHC 3464 (Comm) - discharge of a €40 million guarantee as a matter of Spanish insolvency law (assisting William Willson and Mark Philips QC)

Company

Recent cases include:
  • Advising on and settling statements of case in various claims involving alleged breaches of directors’ duties.
  • Advised on complex pre-emption rights in articles of association. 
  • Re Connor Williams Ltd – payment of interim dividends under company’s articles (assisting Stephen Robins)
  • Drafted particulars of claim in proceedings against former directors for repayment of loans and breaches of duty (assisting Adam Al-Attar)
  • Drafted advice on a ‘change of control’ provision in a partnership agreement (assisting Robin Dicker QC)
  • Drafted a Defence to an unfair prejudice petition (assisting William Willson)
  • Drafted advice on construction of a director’s indemnity under foreign law (assisting Tom Smith QC)

Civil Fraud and Asset Recovery

  • Avonwick Holdings v Shlosberg - unlawful means conspiracy and transactions in contravention of ss. 423 and 238 IA 1986 (assisting Tom Smith QC and Henry Phillips)
  • Pine River Master Fund v Castex Technologies  - pending share price manipulation claim (assisting Georgina Peters) 

International and Offshore

  • Primeo Fund v HSBC - $1 billion claim by a Madoff feeder fund for breach of duty against its custodian (assisting Tom Smith QC and Richard Fisher)
  • Saad Investments Company Ltd - defence of a multi-billion dollar fraud claim (produced various research notes for Michael Crystal QC, Mark Phillips QC and Marcus Haywood)
  • Vigia v Mosvee - claim against a Guernsey trustee and fund administrator, testing the scope of a trustee’s indemnity and immunity from liability under the Guernsey Trust Law (assisting Adam Al-Attar)

Insurance

  • Drafted an opinion and a Defence in respect of a claim for improper drawings on Funds at Lloyd’s (assisting Richard Fisher)

CAREER

2015 Called to the Bar of England and Wales
   

MEMBERSHIPS

Insolvency Lawyers’ Association
Chancery Bar Association
INSOL International

PUBLICATIONS

‘Powers of Investigation in a Cross-Border Context’ with William Trower QC, South Square Digest
‘Contingent Assets and Balance Sheet Insolvency: Evans v Jones’, International Corporate Rescue 

EDUCATION AND QUALIFICATIONS

2014-2015 City University, Bar Professional Training Course
2013-2014 City University, Graduate Diploma in Law
2009-2013 Corpus Christi College, Oxford University, BA (Hons) Classics, Congratulatory, First Class (second in year);Honour Moderations, First Class
1998-2009 King's College School, Wimbledon (Major Scholarship, Classics Scholarship)

PRIZES AND SCHOLARSHIPS

2015 Prize for grade of ‘Outstanding’ on the BPTC (Inner Temple)
2014 Runner-Up, 7 KBW Contract Law Prize (City University)
2014 Allan Levy Award (Inner Temple)
2014 Exhibition Award for the GDL and BTPC (Inner Temple)
2013 De Paravicini Prize (Oxford University) 
2013 Haigh Prize (Corpus Christi College, Oxford) 
2013 CE Stevens Scholarship (Oxford University)
2011 Hugh Oldham Scholarship (Corpus Christi College, Oxford)

LANGUAGES

Italian (Bilingual), French (Intermediate) 

INTERESTS

Cooking, football, reading and walking 

Please fill in the details below to email a link to Edoardo Lupi's CV.

X Close