Henry Phillips +44 (0)20 7696 9900 henryphillips
@southsquare.com


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Practice Managers

Henry Phillips

Henry Phillips Henry Phillips

Henry Phillips

Called to the Bar 2008
+44 (0)20 7696 9900
henryphillips@southsquare.com
Henry Phillips
Called to the Bar 2008

Henry specialises in domestic and cross-border insolvency/restructuring, banking and financial services, commercial litigation, company law and offshore work.

In recent years, Henry has appeared in a number of high profile matters including a four-week trial in the Cayman Islands concerning the SPhinX group of companies (scheme of arrangement/appropriate level of reserves for contingent creditors), acting for a number of US hedge funds in matters relating to the LBIE administration, acting in a number of matters on behalf of the joint liquidators of a group of companies formerly associated with Robert Tchenguiz and appearing in the commercial court in contested part 8 claims concerning the construction of documents in complex syndicated and securitized loan transactions.

AREAS OF PRACTICE

Insolvency and Restructuring

Recently instructed in an variety of administrations and liquidations in respect of financial institutions (MF Global, LBIE), offshore SPVs (Oscatello Investments Limited (BVI)), insurers (Hill Insurance Company Limited (Gibraltar), British American Insurance Company Limited (Bahamas, Trinidad & Tobago)) and football clubs (Portsmouth City FC (advising former directors), Luton Town FC (advising former directors). 

Recent cases include:

  • Waterfall II Application: Currently acting as junior counsel for a group of unsecured creditors (led by Robin Dicker QC and Richard Fisher) in the pending LBIE Waterfall II application, in which the Court will determine issues relevant to the distribution of a surplus of between £3.5bn and £6.99bn from the LBIE estate
  • Re Guardian Digital Communications Limited [2014] junior counsel (led by David Allison QC) on a successful application to sanction a multi-billion pound Scheme of Arrangement.
  • Isis Investments v Oscatello Investments [2013] EWHC 7 (Ch), junior counsel (led by William Trower QC and David Allison) resisting an application to stay proceedings pending in the Commercial Court in favour of proceedings in the Isle of Man
  • Re Metrovecesa [2011] EWHC 1014 (Ch), whether a Spanish company had sufficient connection with the jurisdiction to allow a Scheme of Arrangement to proceed (led by William Trower QC)
  • Peter Hoffman v Parallel Media [2011] EWHC 3171 (Ch), contested administration application
  • Anthony Cole v Keith Billington (2011), instructed in a 5 day county court trial acting for the defendants to a claim under section 423 of Insolvency Act

Commercial Litigation and Arbitration

Recent cases include:

  • US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd [2014] EWHC 1189 (Ch), junior counsel (led by William Trower QC) in a part 8 claim involving a determination of the rights of junior noteholders under a servicing agreement entered into in connection with a £1.1 billion loan agreement
  • Landesbank Hessen-Thuringen Girozentrale v Bayerische Landesbank (London Branch) [2014] EWHC 1404(Comm), junior counsel (led by Mark Phillips QC) in a part 8 claim concerning the construction of a waterfall provision in a £369 million loan facility in relation to the financing and purchase of “the Gherkin” building in London.  
  • Tchenguiz v Director of the Serious Fraud Office [2013] EWHC 2297 (QB), junior counsel (led by William Trower QC and David Allison QC) opposing an application for third party disclosure on the grounds of privilege  (currently under appeal)
  • National Westminster Bank v Gateano Alfano [2012] EWHC 1020 (QB), junior counsel (led by David Alexander QC) in four day trial to set aside four guarantees alleged to be subject to a condition precedent and / or not to have been effectively delivered as deeds due to certain representations allegedly made by the bank (currently under appeal)
  • Standard Chartered Bank v Ceylon Petroleum Corporation [2011] EWHC 1785, instructed as junior counsel (led by Robin Dicker QC and Jeremy Goldring) for the claimant bank seeking payment under two oil derivative contracts
  • Bibby Financial Services v Richard Magson [2011] EWHC 2495 (QB), defended a claim against directors under personal guarantees, on the basis that the guarantees had not been “delivered” within the meaning of the Law of Property (Miscellaneous Provisions) Act 1989

Civil Fraud and Asset Recovery

Recent cases include:

  • In the Matter of Lehman Re (Bermuda), instructed for a 3 week trial as Richard Sheldon QC’s junior by a major creditor of Lehman Re in Bermuda bringing multi-million dollar tracing claim

International and Offshore

Recent cases include:

  • Re SPhinX (Cayman Islands), 4 week trial in the Cayman Islands as Richard Sheldon QC’s junior acting on behalf of DPM Mellon in a dispute concerning the amount of reserves to be set under a proposed scheme of arrangement
  • Re Hill Insurance Company (Gibraltar), advising the liquidators of a Gibraltar insurance company
  • Re British American Insurance Company (Bahamas, Trinidad & Tobago), advising the Judicial Managers of BAICO, once the largest insurance company in the Caribbean
  • Re SO Finance [2011] JCA 189A, appeal against dismissal of a winding up petition in the Jersey Court of Appeal

CAREER

2008 Called to the Bar of England and Wales

MEMBERSHIPS

Financial Markets Law Committee working group on FSA reform 2010
Commercial Bar Association

PUBLICATIONS

Contributor to Rowlatt on Principal and Surety (Moss, Sweet and Maxwell)
Contributor to Totty and Moss on Insolvency (Totty, Moss and Segal, Sweet and Maxwell)
Contributor to R3 Recovery
Contributor to Insolvency Intelligence
Contributor to International Corporate Rescue

EDUCATION AND QUALIFICATIONS

2009 Oxford University, BCL, Distinction (second in the University)
2008 Inns of Court School of Law, Bar Vocational Course
2007 City University, GDL, Distinction
2005 Worcester College, Oxford University, BA English, First Class

PRIZES AND SCHOLARSHIPS

Wigglesworth Scholarship (Lincoln’s Inn)
Worshipful Company of Arbitrators Prize for commercial law and civil procedure (ICSL)
College Award for Outstanding Academic Achievement (Worcester College, Oxford University)
Worcester College Scholarship (Worcester College, Oxford University)
Vinerian Scholarship, Proxime Accessit (Oxford University)
Bruce Reynolds Prize for best performance in the BCL (Worcester College, Oxford University)

INTERESTS

Travel and reading

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