Marcus Haywood +44 (0)20 7696 9900 marcushaywood
@southsquare.com


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Practice Managers

Marcus Haywood

Marcus Haywood Marcus Haywood

Marcus Haywood

Called to the Bar 2002
+44 (0)20 7696 9900
marcushaywood@southsquare.com
Marcus Haywood
Called to the Bar 2002

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

In recent years, Marcus has appeared in several high profile cases including Re Olympic Airlines SA (CA) (secondary insolvency proceedings in respect of former Greek national airline), Brazzill v Willoughby (CA) (status of monies deposited in an account with the Bank of England by Kaupthing Singer & Friedlander) and HHY Luxembourg SARL v Barclays Bank (CA) (construction of an inter-creditor agreement).

Marcus also has significant offshore legal experience. Most recently in this regard, he has been instructed in connection with the liquidation of Saad Investments Company, a complex international liquidation, in the Cayman Islands.

Marcus is recommended in the most recent edition of the Chambers & Partners UK Bar Guide for restructuring/insolvency, where he is described as "pragmatic, exceptionally user-friendly and a compelling advocate". He is "exceptionally bright, has great opinions and brings real value to a case" and is "a strikingly pleasant person to deal with, but no less effective for being so".

AREAS OF PRACTICE

Insolvency and Restructuring

Recently instructed in connection with a variety of high profile administrations and liquidations, including Lehman Brothers, Kaupthing, Saad Investments, Parmalat and Olympic Airlines.

Recent cases include: 

  • Re Olympic Airlines [2013] 2 BCLC 171 (CA), secondary insolvency proceedings in respect of former Greek national airline; meaning of "establishment" for the purposes of the EC Regulation on Insolvency Proceedings
  • Bank of Ireland v Gill [2013] EWHC 2996 (Ch), bankruptcy; application to set aside an order staying execution of a statutory demand
  • Re Olympic Airlines [2013] EWCA Civ 218, security for costs of appeal
  • Re European Directories [2012] BCC 46, administration orders; location of a company's centre of main interests
  • Re Rayford Homes [2011] EWHC 1948 (Ch), construction of an inter-creditor agreement
  • In re Dairy Farmers of Britain [2010] Ch 63, whether an industrial and provident society was a “company” for the purposes of Part III of the Insolvency Act 1986
  • Re Zenga III Holdings [2010] BPIR 277, application for removal of an administrator
  • HHY Luxembourg SARL v Barclays Bank [2010] EWCA Civ 1248, construction of an inter-creditor agreement
  • Re Capitol Films [2010] EWHC 3223 (Ch), costs order against administrators
  • Re Capitol Films [2010] EWHC 2240 (Ch), application by administrator for permission under the Insolvency Act 1986 Sch B1 para 71 to dispose of property subject to security
  • Re A Company [2009] EWHC 387 (Ch), winding up petition; waste processing contract; Environmental Protection (Duty of Care) Regulations 1991
  • Butters (Joint Administrators of WW Realisation 8 and Woolworths Group v BBC Worldwide [2009] BPIR 1315 (CA), dispute relating to a joint venture agreement and the application of the anti-deprivation principle

Banking and Finance

Cases include:

  • Brazzill v Willoughby [2010] 2 BCLC 259 (CA), status of monies deposited in an account with the Bank of England by Kaupthing Singer & Friedlander Ltd prior to its collapse
  • National Westminster Bank v Spectrum Plus [2005] 2 AC 680 (HL), charges over book debts

Commercial Litigation and Arbitration

Cases include:

  • ETI Euro Telecom International NV v Republic of Bolivia [2008] EWCA Civ 880, ICSID arbitrations and injunctive relief

Company

Cases include:

  • Wilkinson v West Coast Capital [2005] EWHC 1606 (Ch), unfair prejudice petition involving the Gadget Shop
  • Fidelity Investments International v My Travel Group [2005] 2 BCLC 123 (CA), schemes of arrangement

International and Offshore

Cases include:

  • Re Saad Investments Company [2012] CILR 159, remuneration of liquidators in the Cayman Islands
  • Ahmad Hamad Algosaibi and Brother Company v Saad Investments Company [2011] (2) CILR 434, strike out applications; abuse of process; worldwide freezing injunctions
  • Parmalat Capital Finance v Food Holdings and Dairy Holdings [2008] UKPC 23, decision of the Privy Council on appeal from the Court of Appeal of the Cayman Islands regarding the winding up of a subsidiary of the Parmalat group

Other

Other Notable Cases include:

  • Regina v Attorney General [2006] 1 AC 262, a case of major constitutional significance that involved a challenge to the validity of the Parliament Act 1949 and the Hunting Act 2004

AWARDS AND RECOMMENDATIONS

Chambers & Partners 2015 Recommended in Restructuring / Insolvency

CAREER

2013 Called to the Bar of the Cayman Islands (case specific)
2002 Called to the Bar of England and Wales

MEMBERSHIPS

Insolvency Lawyers Association (Member of Technical Committee)
Chancery Bar Association
Commercial Bar Association

PUBLICATIONS

Editor of Butterworths Insolvency Law Handbook (Glen Davis QC, Marcus Haywood, LexisNexis)
Contributor to Company Directors: Duties, Liabilities and Remedies (Simon Mortimore QC, OUP, 2013)
Contributor to European Cross Border Insolvency (Marshall and Herrod, Sweet and Maxwell)
Contributor to Gore–Browne On Companies (Lord Millett, Michael Todd QC, Jordans)
Contributor to EU Banking and Insurance Insolvency (Moss and Wessels, OUP, 2006)

EDUCATION AND QUALIFICATIONS

2000 City University, Postgraduate Diploma in Law
1999 Mansfield College, Oxford University, BA (Hons) Modern History

PRIZES AND SCHOLARSHIPS

Tancred Scholar (Lincoln’s Inn)
CPE Award (Lincoln’s Inn)
Hardwicke Scholarship (Lincoln’s Inn)

 

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