Contact details:
Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911. LDE 338 (
Email clerks@southsquare.com. Web
www.southsquare.com.
Education:
LLB (Hons) (Lancaster), LLM (Cantab) (First Class).
Scholarships and awards:
Professional career:
July 1989 Called
to the Bar (
July - Oct 1989 The Fraud Investigation Group, Crown Prosecution Service;
Oct 2006 Appointed Queen’s Counsel.
Areas of practice:
Civil aspects of commercial fraud, corporate and personal insolvency, company law, banking, domestic and international sale of goods, insurance and reinsurance, financial services, drafting of commercial agreements.
Reported and major cases:
State of
Basis upon which a committal application may be amended.
State of
Enforcement of order for disclosure made pursuant to Section 25 of the
Civil Jurisdiction and Judgments Act 1982.
Re Mytravel Group Plc [2004]
EWCA Civ 1734 (CA)
Guidance given as to the proper application of the Practice Statement
applicable to schemes of arrangement under Section 425 of the Companies Act
1985.
Re Mytravel Group Plc [2004] EWHC 2741 (Ch)
The nature of a
reconstruction under Section 427 of the Companies Act 1985.
Re Brightview
Limited [2004] BCC 542
Interests of nominee and beneficial shareholders under Section 459 of
the Companies Act 1985 and the inter-action
between the remedies available under that section and the principle of
“reflective loss”.
Re Railtrack plc (in
railway administration) [2003] All ER (D) 300
Approval of the remuneration of special railway administrators by the
Court.
Winsor (as Rail Regulator) v. Bloom and Ors [2002] 1 WLR 3002 (CA)
Application of Section 11 of the Insolvency Act 1986 (as modified by the Railways Act 1993) to the exercise of specific powers of the Rail Regulator.
Winsor (as Rail Regulator) v. Bloom and Ors
(unreported) Morritt V-C,
Jurisdiction of the Court to deal with questions of a hypothetical nature.
Humberclyde Finance Group Ltd v Hicks (unreported) Neuberger J 14 November 2001
Application of the principles laid down in Johnson v Gore-Wood & Co [2001] 2 WLR 72 (HL).
Re Continental Assurance Company of London Plc [2001] BPIR 733
Wrongful trading and misfeasance in relation to an insurance company.
State of
Nature of the Court’s approach when exercising its jurisdiction under Section 25 of the Civil Jurisdiction and Judgment Act 1982.
Holder v. Supperstone [2000] 1 All ER 473
Status of a charging order as an equitable charge and the ability of a person in whose favour a charging order has been granted to add the costs of enforcing such an order to the value of his security.
Lee v. Lee [2000] 1 FLR 92 (CA)
Ability of the Court to vest the surplus of the proceeds of sale of a lease in a trustee in bankruptcy, notwithstanding that the trustee in bankruptcy had previously disclaimed his interest in that lease.
Re Brabon [2001] 1 BCLC 11
What constitutes a transaction by a bankrupt for the purposes of Section 339 (transactions at an undervalue) and Section 423 (transactions defrauding creditors) of the Insolvency Act 1986.
Re: Richbell Strategic Holdings [2000] 2 BCLC 794
Nature of the Court’s powers to give directions as to the conduct of a public examination prior to that examination taking place.
Re Continental Assurance Company of London Plc (In Liquidation) (No. 3) [1999]
1 BCLC 751
Valuation of insurance policies in the insolvent voluntary liquidation of an insurance company.
Re Hinckley Island Hotel Limited [1999] 1 WLR 129 (CA) Procedure to be adopted on the hearing of an application for directions by a liquidator where that application is disputed by a creditor which is also a party to litigation brought by the company in liquidation.
Trustee of the Property of Vickery v. Modern Security Alarms Limited [1998] 2 BCLC 428 (CA)
Circumstances in which a trustee in bankruptcy will be made personally liable for the costs of proceedings in existence prior to the bankruptcy which are subsequently adopted by him, although he was not formerly joined as a party to the proceedings.
Facia Footwear Limited (In Administration) v. Hinchliffe [1998] 1 BCLC 218
Duties owed by the directors of a company when a company is insolvent or of doubtful solvency.
Re Continental Assurance Company of London Plc (In Liquidation) (No. 2) [1998]
1 BCLC 583
Procedure to be adopted in making claims against directors under the Insolvency Act 1986.
Green v. Satsangi [1998] BPIR 55
Responsibility for discharging the burden of income tax on money received by a trustee in bankruptcy and the application of the rule in Ex parte James.
Hardy v. Pallen [1997] BCC 815
Whether a loan made to a bankrupt can constitute after acquired property of a bankrupt.
MGN Pension Trustees Ltd v. Bank of
Principles to be applied in making an Order under Section 4(2) of the Contempt of Court Act 1981.
Re SN Group plc [1993] 1 BCLC 319
Respective jurisdictions of a Judge and a Registrar of
the
Re William Makin & Sons Ltd [1993] 1 BCLC 319
Ability of a liquidator of a company to exercise a power to distribute a surplus in the company’s pension scheme.
MGN Pension Trustees Ltd v. Invesco Asset Management Ltd and Others (unreported)
Principles to be applied upon a Self Regulatory Organisation asserting public interest immunity in relation to documents in its possession in defence of a subpoena seeking production of such documents.
Jarvis Plc
Instructed on behalf of the group’s major creditors in
relation to the group’s restructuring.
MG Rover
Instructed on behalf of the administrators of the company.
Courts Plc
Instructed by the company’s administrators.
My Travel Plc
Instructed on behalf of the company’s bondholders.
British Energy
Instructed by the major creditors of the company in relation
to the group’s restructuring.
Instructed by the financers of proposed rescue bid.
Instructed by one of the club’s major “football creditors”.
Meridien Hotels
Instructed by the companies in relation to the group’s
restructuring.
Claims Direct Plc
Instructed by the Administrative Receivers.
Regus Plc
Instructed by the company in relation to the company’s restructuring.
TXU
Instructed on behalf of major creditors of the TXU group.
Tiny Computers
Instructed on behalf of the Administrators.
ntl
Instructed on behalf of the ntl companies in relation to their restructuring.
ITV Digital
Instructed on behalf of the company and the company’s Administrators.
Enron
Instructed on behalf of the Administrators of a number of the Enron companies.
Marconi Plc
Instructed on behalf of the group’s major bankers in relation to the company’s restructuring.
Energis Plc
Instructed on behalf of the company and the company’s administrators.
Instructed on behalf of the Special Railway Administrators of the company.
Global Crossing
Instructed on behalf of the Administrators of Camell Laird Holdings PLC.
Instructed as counsel for the State of
Instructed as counsel to bondholders in relation to litigation and other issues arising in relation to the collapse of Barings Bank and the ensuing liquidation.
Instructed as counsel for Nissan UK Ltd in relation to their appeals against assessments by the Inland Revenue in respect of corporation tax. The assessments to corporation tax were based upon serious allegations of fraud against the company and certain of its directors.
Instructed as counsel on behalf of the largest of the
Maxwell pension funds in relation to litigation in both
Bank of Credit and Commerce International (“BCCI”)
Instructed as counsel for the Ruler of Abu Dhabi and the Majority Shareholders in relation to the collapse of BCCI.
Publications:
“Insider Trading - The Laws of Europe, the
Responsible for drafting the recent Practice Statement on insolvency officeholders’ remuneration.
Articles:
“Charges over chattels: issues in the fixed / floating
jurisprudence”: The Company Lawyer Vol 26 (No 1) p 10.
Lectures and seminars:
“Obtaining Approval for Corporate “Office holders’” Remuneration”: delivered to the insolvency and litigation Departments of Clifford Chance Limited Liability Partnership.
“Financial Aspects of Corporate Moratoria”: delivered to the Association of Business Recovery Professionals (R3).
“Insolvency and Sport – How to Make a Small Fortune…”: delivered to the Finance and Insolvency Departments of Latham & Watkins LLP.
“Funding Litigation in an Insolvency Context”: delivered to the Insolvency and Litigation Departments of Herbert Smith.
“Legal Issues of Significance and Interest for
E-business”: delivered in
“Law and the Internet”: delivered to the Corporate and Litigation Departments of Skadden Arps Meagher & Flom LLP.
“Co-operation Between Insolvency Courts – The UK
Perspective”: delivered in
“Litigating in the Clients’ Interest”: delivered to the Litigation Department of Linklaters & Alliance.
“Instructing Counsel and Interpretation of Pleadings”: delivered to the Litigation Department of Travers Smith.
“The Art of War: Litigation Tactics in Large Commercial Disputes”: delivered to the Litigation Department of Travers Smith.
“The Resolution of Commercial Disputes”: delivered to the Litigation Department of Wragge & Co.
“Limitation: Implications for Insurers”: delivered to the Insurance Department of Wragge & Co.