Lloyd Tamlyn +44 (0)20 7696 9900 lloydtamlyn
@southsquare.com


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Practice Managers

Lloyd Tamlyn

Lloyd Tamlyn Lloyd Tamlyn

Lloyd Tamlyn

Called to the Bar 1991
+44 (0)20 7696 9900
lloydtamlyn@southsquare.com
Lloyd Tamlyn
Called to the Bar 1991

Lloyd specialises in all aspects of domestic and cross-border insolvency and restructuring, banking, financial services and professional negligence.  He advises on and appears in cross-border litigation and is currently instructed on cases in the British Virgin Islands, Channel Islands and the Isle of Man.

In recent years, Lloyd has appeared in several high-profile matters, including Lictor Anstalt v Mir Steel (immunities of office-holders) and Re Digital Satellite Warranty Cover (Supreme Court decision on regulation of insurance business).

Lloyd was named as Insolvency/Restructuring Junior of the Year at the Chambers and Partners Bar Awards 2013. He is also listed as one of the top 100 junior barristers in England and Wales in the 2013 Chambers Bar 100.   He is described as exceptionally bright, absolutely brilliant and great to work with.  In recent years Lloyd has been listed in the first rank of juniors in both Chambers & Partners and Legal 500.

AREAS OF PRACTICE

Insolvency and Restructuring

Recent cases include:

  • Hockin v Marsden [2014] 2 BCLC 531, duties and powers of office-holders to assign causes of action
  • Re UK Coal Operations Ltd. [2014] 1 BCLC 471, restructuring of one of UK’s largest coal producers
  • Re A|Wear UK Limited; Bristol Alliance Nominee No 2 v Bennett [2014] 1 BCLC 471 (CA), entitlement to escrow amounts and specific performance against company in administration
  • Re Digital Satellite Warranty Cover  [2013] 1 WLR 605 (SC), scope of FSA’s regulation of insurance business  
  • Lictor Anstalt v Mir Steel [2013] 2 All ER (Comm) (CA), immunity of office-holders against claims for inducing breach of contract
  • Re Anchor Hedge Fund (2013) (BVI Commercial Court), appointment of office-holders by members’ informal resolution
  • Simpson v Light House Living (2012, Isle of Man, Staff of Government (Appeal Division)), insolvency set-off against nominees and trustees
  • Re GBI Investments [2010] 2 BCLC 624, winding up on basis of disputed debt
  • Brazzill v Willoughby [2010] 2 BCLC 259 (CA), distribution of trust funds held by Kaupthing bank
  • Re Kaupthing Singer & Friedlander [2009] 2 Lloyd’s Rep 154, Certificates of Deposit and set-off

Insurance

Lloyd has considerable experience in dealing with insurance-related insolvency matters.  Reported cases include:

  • Law Society v Shah [2009] Ch 223, Third Party (Rights against Insurers) Act 1930
  • Re Ballast [2007] Lloyd’s Rep IR 742, insurers’ rights of subrogation
  • North Atlantic Insurance Co v Nationwide General Insurance Co [2004] Lloyd’s Rep IR 466 (CA), fronting; insurance pools; claims to reinsurance

Other cases include:

  • Re UIC Insurance Company Limited (No 1) [2007] 2 BCLC 46, remuneration of office-holders
  • Fusion Interactive Communication Solutions v Venture Investments Placement (No 2) [2005] 2 BCLC 571, authority of directors to commence litigation
  • Re Casterbridge Properties [2004] 1 WLR 602 (CA), power to set aside order for public examination
  • Re Bank of Credit and Commerce International (No 14) [2004] 2 BCLC 236, fraudulent trading claim by one bank against another
  • O’Donnell v HSBC Bank  [2001] EWCA Civ 2108, meaning of “book debts or other debts” in debenture
  • Smith v UIC Insurance Co [2001] BCC 11, power to award security for costs against company in provisional liquidation
  • Re J N Taylor Finance Pty [1999] 2 BCLC 256, extent of Court’s jurisdiction under section 426 of IA 1986
  • Alf Vaughan & Co v Royscot Trust [1999] 1 All ER (Comm) 856, extent of remedy for relief from forfeiture where hire purchase agreements with “equity” at date of receivership
  • Kempe v Ambassador Insurance Company [1998] 1 WLR 271 (PC), power of Court to extend time limits under Scheme of Arrangement
  • Mutual Reinsurance Co v Peat Marwick Mitchell & Co [1997] 1 BCLC 1 (CA), entitlement of auditors to rely on indemnity granted in Articles of Association of a Bermudian company
  • Tam Wing Chuen v Bank of Credit and Commerce Hong Kong [1996] 2 BCLC 69 (PC), charge backs

Professional Negligence

Lloyd has considerable experience of defending insolvency practitioners, solicitors and others against allegations of professional negligence. 

Recent reported cases include: 

  • Edenwest v CMS Cameron McKenna [2013] 1 BCLC 525, striking out of allegations of professional negligence against solicitors advising on pre-pack sale
  • Clydesdale Financial Services v Smailes [2011] 2 BCLC 405, professional negligence claim against administrators; pre-pack sale

Pro Bono

Lloyd has done a considerable amount of pro bono work. 

Reported cases where he acted pro bono include:

  • Cartwright v Cartwright [2002] 2 FLR 610 (CA), enforcement of foreign matrimonial debts
  • Morgans (A Firm) v Needham (CA) (The Times,  November 1999), power to strike out for failure to comply with ambiguous unless orders

AWARDS AND RECOMMENDATIONS

Chambers Bar 100 2013 Listed as one of the top 100 junior barristers in England and Wales
Chambers & Partners

First rank Junior for Insolvency/Restructuring over several years
“Absolutely brilliant”
“Accomplished senior junior singled out as a primary choice for highly contentious case work”
“A true gladiator without whom you would not want to enter a courtroom”
“A really tough opponent, who gives everything for his client”
“An advocate who argues with conviction and is very tenacious”

Legal 500

First rank Junior for Insolvency/Restructuring over several years
“Good at resolving complex issues, calm under pressure and very reliable”
“Exceptionally bright, grasps issues very quickly and is great to work with”
“Hands on, swift and reliable”
“Very thorough, feisty opponent”

CAREER

2011 Called to the Bar of the British Virgin Islands
2011 Called to the Bar of the Isle of Man
1991 Called to the Bar of England and Wales

PUBLICATIONS

Contributor to Halsbury’s Laws of England (fifth edition, 2011, Butterworths, volumes 16 and 17)
Contributor to chapters on section 426, enforcement of judgments and orders and ancillary liquidations in Cross-Border Insolvency (fourth edition, Bloomsbury, 2015) 
Contributor to Company Directors, Duties, Liabilities and Remedies (second edition, OUP, 2013)
Contributor to The Law of Administrators and Receivers of Companies (fifth edition, Lightman and Moss, Sweet and Maxwell, 2011)
Editorial Board of International Corporate Rescue 

EDUCATION AND QUALIFICATIONS

1983-1986 Pembroke College, Cambridge University, BA Law, First Class

LANGUAGES

French

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