Gabriel Moss QC

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:

First Class Honours Law Degree from Oxford University: BA (Jurisprudence) (1971)

Postgraduate Law Degree from Oxford University (BCL) (1972)

Scholarships and awards:

Honorary Scholar at St. Catherine’s College, Oxford University

Hardwicke Scholarship, Lincoln’s Inn (1971)

Eldon Scholarship (1975, Oxford University)

Teaching positions:

Lecturer in Law at the University of Connecticut Law School 1972-1973

(Formerly) Part-Time Lecturer/Tutor at Oxford University, London School of Economics, Council of Legal Education

Professional career:

Called to the English Bar: Lincoln’s Inn (July 1974)

Appointed Queen’s Counsel, 4th. April 1989

Appointed Department of Trade Inspector into The Bestwood Plc, 1989 (Report Published 1994)

Appointed by the Secretary of Trade and Industry as the Secretary of State’s arbitrator in a commercial arbitration (1989)

(Founding) Member of the Board of the Insolvency Research Unit, King’s College, London (chaired by Lord Browne-Wilkinson) (1991) - now at the University of Sussex.

Member of the Editorial Board of Insolvency Intelligence (Sweet & Maxwell) (1992-).
Chairman (1994-)

Member of the Insolvency Law Sub-Committee of the Consumer and Commercial Law Committee of the Law Society (1991-)

Member of the Insolvency Committee of Justice, the British section of the International Commission of Jurists (1993-)

Member of the Advisory Editorial Board of The Receivers Administrators and Liquidators Quarterly (1993-)

Member of the Editorial Board of International Insolvency Review (Wiley) (2000-)

Honorary Member of the Association of Fellows and Legal Scholars of the Center for International Legal Studies, Salzburg (1994-)

Associate Member of Insol Europe (1996-2001) Full Member (2001-); Member (by invitation) of the Core Group of the Academic Wing (2003-)

Elected as Fellow of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, London University (Nov. 1998)

Elected as Bencher (member of governing body) of Lincoln’s Inn, one of the four Inns of Court which make up the English Bar (Nov 1998) ; member of the Education Committee (1998-); member of the Specialist Bar Association Working Group (2003-)

Full Member (by invitation) of the Insolvency Lawyers’ Association (March 1999 - )

Member of the Bank of England Working Group on Property Interests in Investment Securities (2003-)

Member of the Review Panel formed by the UK Insolvency Service to assist in considering changes to English law and practice in the light of the EU Insolvency Regulation (2000-)

Member (by invitation) of the International Insolvency Institute, Co-Chair of Committee on Inter-Court Communications in Insolvency Matters and Co-Chair of the EU25 Committee.

Authorised by the Lord Chancellor to sit as a Deputy High Court Judge (2001-)

Appointed to the FA Premier League Disciplinary Panel for the purpose of dealing with insolvency matters (2004)

Areas of practice:

Practising barrister specialising in business and financial law and in particular insolvency and commercial/company matters.

Major publications:

Co-Editor of Rowlatt on Principal and Surety (4th. ed 1982, 5th. ed. 1999) Sweet and Maxwell)

Co-Author of Lightman and Moss, Law of Receivers of Companies , Sweet and Maxwell.
(1st ed., 1986, 2nd. Ed., 1994, 3rd ed., 2000).

Joint Author of chapter on insolvency (Section G, ch. 2) in Ryde on Rating (1990 and updates) Butterworths

“Insolvency Administration for Foreign Companies in England” (1993) 15 Comparative Law Yearbook of International Business 3 (Center for International Legal Studies, Salzburg)

Joint Consultant Editor of Totty and Moss on Insolvency (5 volume encyclopaedia of insolvency law) (1996-) Sweet & Maxwell

Joint Author of chapter 6 “Cross-Border Issues” in Insolvency of Banks (1996), ed. Oditah,
FT Law and Tax

Joint Author of chapter 6 “Cross-Border Security Enforcement and the Conflict of Laws” in Restitution and Banking Law (1998), ed. Rose, Mansfield Press, Oxford

Editor in Chief of, and contributor to Moss Kawaley Seife and Montgomery , Cross-Frontier Insolvency of Insurance Companies (2001), Sweet & Maxwell

Joint Editor and contributor to Moss Fletcher and Isaacs,”The EC Regulation on Insolvency Proceedings: A commentary and Annotated Guide” OUP (2002).

Some major cases:

Involving insolvency-related matters or reconstructions / rescues / schemes / work-outs

in which involved as Counsel:

Air Europe

APP China Group (ACGL)

Atlantic Computers

Barings

Barlow Clowes

BCCI

Bermuda Fire & Marine

British and Commonwealth

CA Pacific Group

Carrian

Cenargo

Coloroll

Dan Air

Drexel

Enron Europe

Federal Mogul/T&N

Ferranti

Flag Group

Global Crossing

GPA

Guangdong Provincial Government Window Companies

HIH

ICO Global group

International Leisure Group

Kentish Homes

Leyland Daf

Lowndes Queensway

The KWELM insurance companies

Maxwell /RMG/MCC/Mirror

Mountleigh

MRM

Municipal Mutual/MGI

Asil Nadir/Polly Peck

NEMGIA

New Cap Re:

Ocean Marine

Olympia & York

Pan Electric

Parkfield

Parmalat

Peregrine

Rafidain Bank

Railtrack Plc

Rush and Tompkins

TXU (Europe)

Unexim Bank

Foreign practice:

Admitted in relation to specific cases to foreign Bars in Bermuda, Hong Kong, Isle of Man and Gibraltar (generally admitted). Addressed (with the permission of the court) the Federal Bankruptcy Court for the Southern District of New York in the KELM case. Expert witness in that court in relation to English and Bermudian law in the Hopewell case (solvent Bermudian scheme of arrangement).

Invited to speak as expert to a public hearing held by the Legal Affairs Committee of the European Parliament on the draft European Insolvency Convention (April 1998).

Languages:

Conversational French and Hungarian

Basic German