The Supreme Court has today handed down judgment in the BNY Corporate Trustee Services Limited v Eurosail-UK 2007-3BL PLC appeal [2013] UKSC 28 concerning the meaning of Section 123(2) of the Insolvency Act 1986 (the “Act”).  The Supreme Court has unanimously dismissed the appeal (Lords Hope, Walker, Mance, Sumption and Carnwath).

All parties before the Supreme Court were represented by members of South Square (Gabriel Moss QC, Robin Dicker QC, Jeremy Goldring QC, David Allison and Richard Fisher).  Members of chambers involved at earlier stages of the litigation included Richard Sheldon QC and Daniel Bayfield.  Please click on the links for our press release and summary of the judgment.

There was considerable representation from South Square barristers at the recent Supreme Court case between the Joint Administrators of Heritable Bank plc (Respondent) and The Winding-Up Board of Landsbanki Islands hf (Appellant).  Barristers involved included David Alexander QC, Stephen Robins (for the appellant) and Gabriel Moss QC, Martin Pascoe QC and Georgina Peters (for the respondent).  To read the judgment, please click here.

South Square is delighted to announce that Mark Arnold, Jeremy Goldring and Lucy Frazer have all been appointed to Queen’s Counsel in the 2013 round; Professor Ian Fletcher has also been appointed as an honorary Silk.

These appointments are well deserved and we wish them all continued success in their careers at the Bar.

South Square attended the Chambers UK Bar Awards 2012 held at the Park Lane Hilton, London on Thursday 25th October. The event was hosted by Clive Anderson, the TV presenter and former barrister.

South Square is thrilled to have won the Set of the Year in the Insolvency / Corporate Restructuring category with Chambers Director, Ron Barclay-Smith, collecting the award on behalf of Chambers.  In addition to receiving Set of the Year, Robin Dicker QC was awarded Silk of the Year and Dan Bayfield received Junior of the Year.

ALEXANDER RIDDIFORD

Contact Details:

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

Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911.

LDE338 (Chancery Lane).

Email alexanderriddiford@southsquare.com

Web www.southsquare.com

Professional Career:

Called to the Bar, Inner Temple 2011

Pupillage at South Square 2011-2012

Tenant at South Square since October 2012

Education:

BA (Hons) (Oxon), Classics with Sanskrit (Double First), Magdalen College

MSt (Oxon), Classics (Distinction), Magdalen College

DPhil (Oxon), Classics, Magdalen College

GDL, City University

BPTC, BPP

Scholarships and Awards:

Scholar, Magdalen College Oxford

MSt and DPhil studentships, AHRC

Serle Court Prize for Equity and Trusts, City University

Princess Royal Scholar, Inner Temple

Peter Taylor Scholar, Inner Temple

Areas of Practice:

Insolvency and restructuring

Banking and financial law

Company and business law

Commercial litigation

Recent Work:

As a tenant, Alexander has been instructed as a junior advising the senior creditors in the restructuring of a major UK company and as a junior in a forthcoming Jersey trial.

As a pupil, Alexander assisted his supervisors in a wide range of matters including various major restructurings, applications for freezing injunctions, the Rangers FC administration and the special administration of MF Global UK Ltd.

Publications:

Case comment on ERSTE Bank Hungary (Judicial cooperation in civil matters) [2012] EUECJ C-527/10, in International Corporate Rescue (forthcoming)

Academic Career:

Lecturer in Greek literature, Magdalen College Oxford, 2008

Author of a Classics monograph published by OUP

Languages:

Conversational French

Written Bengali, Spanish and Italian

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Alexander Riddiford

Gabriel Moss QC has recently been appointed by the European Commission to advise it on possible changes to the European Insolvency Regulation.

INSOL Europe hosted a debate at the Supreme Court building in Westminster on Friday 6th July about the European Commission’s review of the EC Regulation.  South Square barristers Gabriel Moss QC, David Marks QC and Felicity Toube QC took part in the discussions which debated the motion that detailed substantive and technical changes to the European Insolvency Regulation, as proposed by INSOL Europe, are now required.

This unique event was an important opportunity to fully debate the arguments for and against significant legislative change and to influence thinking, as the principal legislation governing European cross-border insolvency is reviewed.  It was very well attended and included representatives from major solicitor firms, accountancy practices and educational establishments.

In this recently reported case the Deputy Judge held that a trustee in bankruptcy is entitled to require an undischarged bankrupt to elect to take up his pension rights so that he can obtain an income payments order over such rights under s 310 of the Insolvency Act 1986, even if the bankrupt is receiving no pension at the time.

John Briggs has written a critique of the judgment published in Insolvency Intelligence 2012, Vol 25, No 5, p 65. Press here for the link to the article.

Christopher Brougham QC appeared for the trustee in bankruptcy.

The decision is the subject of an appeal by the bankrupt to the Court of Appeal.

The “Revision of the European Insolvency Regulation – Proposals by INSOL Europe” will be available soon.  This booklet has been developed for the amendment of the European Insolvency Regulation and was produced by INSOL Europe practitioners – including David Marks QC – and academics with pan-European experience and expertise. INSOL Europe hopes that these proposals will stimulate debate both inside and outside the EC.