Richard Fisher

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 richardfisher@southsquare.com. Web www.southsquare.com

Education:

LL.B (London) (First Class honours)

BCL (Oxon) (First Class honours)

Areas of practice:

General commercial and chancery litigation

Corporate and personal insolvency

Recommendations:

Richard is recommended in Chambers and Partners 2007 Guide to the Legal Profession as a leading junior counsel for

1. Chancery (Commercial) work: “an excellent and efficient opponent who remains a standout”; and

2. Insolvency and corporate recovery work: “able to master the detail and contribute to complex cases”.

Experience:

Corporate Insolvency and reconstruction

Richard has experience of both national and international contentious and non-contentious corporate insolvency work.

Recent instructions include advising a large multi-national bank in respect of issues arising from insolvent SIVs, advising the liquidators of a large Bermudian based reinsurance company regarding ongoing litigation, as well as acting in a number of asset recovery actions before the English courts.

Richard has also been involved in a number of domestic and international corporate reconstructions, involving the use of both schemes of arrangement and CVAs.

Experience includes acting for the companies in relation to the restructuring of the Federal Mogul Group, and acting for a representative creditor in relation to the proposed reconstruction of the Cape Plc Group’s asbestos liabilities.

Recent cases include:-

Re Cheyne Finance [2007] EWHC 2402 (Ch): regarding the meaning and scope of commercial insolvency within Section 123 of the Insolvency Act 1986.

Re Cape PLC [2007] 2 BCLC 546: various issues, including whether schemes of arrangement can include self-amendment provisions.

Re T&N Ltd [2006] 1 WLR 1728 and [2006] 1 WLR 2831: concerning the ability of schemes and CVAs to bind contingent creditors in the context of large scale asbestos liabilities.

Re Save Group Plc: Robinson v AIG [2005] 1 BCLC 1 and [2006] EWCA Civ 7 regarding the enforceability of a multi-party subordination agreements and the effect thereof on inter-company proofs.

Re Ballast Plc, [2005] 1 All ER 630: application for directions by administrators relating to the appropriate mechanism for court appointed administrators to move from administration to creditors’ voluntary liquidation.

Tombs v Moulinex SA [2004] 2 BCLC 397; concerning early distributions in voluntary liquidations where contingent liabilities remain outstanding.

Company

Richard undertakes general company law advice and has particular experience in respect of domestic, Cayman and Bermudian shareholder disputes, including unfair prejudice petitions, just and equitable winding-up petitions and the appointment of company inspectors.

General commercial litigation

Richard continues to be involved in substantial commercial litigation, current instructions including a longstanding international telecommunications dispute with litigation taking place in various jurisdictions, principally Bermuda. Other instructions include acting for the Brunei Investment Agency and Government of Brunei in respect of contract enforcement/asset recovery issues (see Brunei Investment Agency v Bolkiah [2007] UKPC 62.

Personal Insolvency

Richard undertakes and has experience of both personal insolvency work. Reported cases include:-

Supperstone v Hurst [2006] BPIR 517 and 1263: challenges to the exercise of trustee’s discretion, and consideration of the factors appropriate when refusing a stay of an order for repossession and sale.

Anderson v Kas Bank NV [2004] BPIR 685; consideration of what amounts to reasonable steps to serve a statutory demand, and whether advanced notice of a judgment making a bankruptcy order need be given.

Academic positions:

Tutor in Company Law, University College London – 1999/00

Tutor in Insolvency Law, University of London LL.M – 2002 to 2007.

Publications:

Contributor to Totty and Moss, “Insolvency”.

“Liquidators Fighting Funds; a question of priority”, [2003] Insolvency Intelligence No. 4