News

Gabriel Moss QC named as England's 2018 Thought Leader

17/07/2017

South Square is pleased to announce that Who’s Who Legal has named Gabriel Moss QC as England’s 2018 Thought Leader (Barrister) in Restructuring & Insolvency.

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Sarah Worthington QC appointed Deputy High Court Judge

24/05/2017

South Square is delighted to announce that Sarah Worthington QC, Downing Professor of the Laws of England at the University of Cambridge, and an academic member of Chambers, has been appointed a Deputy High Court Judge. 

 

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Judgment handed down in Waterfall I Application

17/05/2017

The Supreme Court today handed down judgment in the Lehman Brothers Waterfall I Appeal. 

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Michael Crystal Senior Q.C. awarded the Outstanding Contributions Award

05/05/2017

South Square is pleased to announce that Michael Crystal QC has been awarded the Outstanding Contributions Award by the International Insolvency Institute (III). 

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South Square wins Chambers UK Bar Award

28/10/2016

We are delighted to announce that South Square was named Company/Insolvency Set of the Year 2016. 

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Robin Dicker QC wins Legal 500 Bar Award

26/10/2016

South Square is delighted to announce that Robin Dicker QC has won the Legal 500 Bar Award for Insolvency Silk of the Year 2016.

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Lehman "Waterfall IIC" Judgment Handed Down - Meaning of Default Rate in ISDA Master Agreements

05/10/2016

Mr Justice Hildyard today handed down judgment in the latest instalment of the Lehman “Waterfall” litigation arising out of the collapse of Lehman Brothers International (Europe) (LBIE).   The judgment addresses the interpretation of key provisions in the 1992 and 2002 ISDA Master Agreements concerning interest on sums due following the close-out of transactions upon early termination.  It also addresses similar issues arising under a German law governed form of master agreement.

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Two new tenants join South Square

03/10/2016

South Square is delighted to announce that Madeleine Jones and Edoardo Lupi have joined South Square as tenants with effect from 3 October 2015.  

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New Member - Riz Mokal

19/09/2016

South Square is delighted to announce that Riz Mokal has joined Chambers as a practising member. 

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South Square nominated for three Chambers UK Bar Awards 2016

19/09/2016

South Square is pleased to have been nominated in three categories for the Chambers UK Bar Awards 2016. 

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Richard Adkins QC

05/08/2016

It is with great sadness, and a profound sense of loss, that South Square announces the death of Richard Adkins QC.

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South Square barristers appointed specialist legal advisers in relation to BHS inquiry

27/05/2016

In May 2016, Gabriel Moss QC, Hannah Thornley and Ryan Perkins were all appointed as specialist legal advisers to the Work and Pensions and Business Innovation and Skills House of Commons Select Committees in relation to the BHS inquiry.

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South Square participating in London Legal Walk 2016

15/04/2016

South Square Members and staff are delighted to be taking part in the annual London Legal Walk which will be taking place on Monday 16 May 2016.

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Tom Smith QC and Stephen Robins recognised in GRR 40 under 40

01/03/2016

South Square’s Tom Smith QC and Stephen Robins have been recognised by the inaugural Global Restructuring Review “40 Under 40” - a survey of the top 40 cross-border insolvency and restructuring lawyers under the age of 40. 

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Gabriel Moss QC appointed a Distinguished Friend of Oxford

25/02/2016

Chambers is delighted to announce that Gabriel Moss QC has been nominated as a Distinguished Friend of Oxford.

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EU Regulation on Insolvency Proceedings 3rd Edition- Now available

18/02/2016

The EU Regulation on Insolvency Proceedings (third edition) has just been published. The publication, widely cited by courts in the EU, provides an explanation of the existing Regulation and Recast Regulation with expert commentary from leading practitioners in the field.

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FIRST JUDGMENT HANDED DOWN IN THE FINANCIAL LIST

29/01/2016

Mr Justice Robin Knowles CBE today handed down the judgment in GSO Credit – A Partners LP v Barclays Bank Plc [2016] EWHC 146 (Comm), in which Tom Smith QC and Andrew Shaw appeared on behalf of the successful Claimants, funds managed by GSO Capital Partners.

This was the first substantive judgment given in the new Financial List, which was established in October 2015 as a joint initiative involving the Chancery Division and the Commercial Court in order to allow claims related to financial markets to be heard by judges with suitable expertise and experience.

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Robin Dicker QC appointed Deputy High Court Judge

15/01/2016

South Square is delighted to announce that Robin Dicker QC has been appointed as a Deputy High Court Judge.

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New Silk - Daniel Bayfield

11/01/2016

South Square is delighted to announce that Daniel Bayfield has been appointed to Queen’s Counsel in the 2015-2016 competition. The QC Ceremony will take place on 22 February.

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South Square welcomes new tenant Ryan Perkins

01/10/2015

South Square is pleased to welcome Ryan Perkins, who commences his tenancy with Chambers today on successful completion of pupillage.

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South Square nominated at Chambers & Partners and Legal 500 Bar Awards 2015

18/09/2015

South Square is pleased to have been nominated in five categories at the Chambers & Partners and Legal 500 Bar Awards 2015. 

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Antony Zacaroli QC to speak at Pinsent Masons Restructuring & Insolvency Conference

03/09/2015

Antony Zacaroli QC will be presenting at Pinsent Masons' Restructuring and Insolvency Conference, to be held at The Brewery, London on Tuesday 6 October. 

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Mark Arnold QC to speak at INSOL Europe Annual Congress

31/08/2015

Mark Arnold QC is speaking at INSOL Europe's Annual Congress on Saturday 3 October at the Maritim Hotel, Berlin.

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South Square Digest - August Issue Out

14/08/2015

The August 2015 issue of the South Square Digest - our quarterly publication providing a review of news, cases and articles from South Square barristers - is now available

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Richard Sheldon QC retires from South Square

01/08/2015

Richard Sheldon QC retired from the Bar, and as a full member of Chambers, on 31 July 2015. He will now become an Associate Member of South Square.

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Judgments handed down in "Waterfall II" application

31/07/2015
Mr Justice David Richards today handed down two judgments relating to the Lehman Brothers Waterfall II application, which address a number of important and novel points of insolvency law arising from the £7 billion surplus in the estate of Lehman Brothers International (Europe) (“LBIE”).

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COURT RULES TRUSTEE IN BANKRUPTCY HAS NO COMMON LAW DUTY OF CARE TO BANKRUPT

15/07/2015

In Oraki & Oraki v Bramston and Defty Mrs Justice Proudman ruled that a trustee in bankruptcy has no common law duty of care to the Bankrupt, as opposed to statutory duties under the Insolvency Act 1986, even where the bankrupt’s estate is arguably solvent.

Claims of professional negligence against the defendants, former trustees in bankruptcy of the Orakis, were dismissed.

John Briggs represented the defendants.

Click here for a summary and analysis of the judgment.

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Glen Davis QC and Felicity Toube QC appointed to INSOL International College of Mediation (IICM) Panel

03/07/2015

INSOL International has appointed qualified mediators Glen Davis QC and Felicity Toube QC among the first members of the new INSOL International College of Mediation (IICM) Panel, which was launched on 1 July. 

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The future of cross-border insolvency - research findings published

30/06/2015

With recent high-profile decisions in mind, including the Privy Council in Saad Invtestments and Singularis, South Square in collaboration with Grant Thornton have carried out a survey polling the views of the international insolvency community on dealing with insolvencies across different common law jurisdictions. Lawyers and other experts from 50 leading organisations across 12 jurisdictions have taken part in the research.

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The future of cross-border insolvency - research findings published

30/06/2015

With recent high-profile decisions in mind, including the Privy Council in Saad Invtestments and Singularis, South Square in collaboration with Grant Thornton have carried out a survey polling the views of the international insolvency community on dealing with insolvencies across different common law jurisdictions. Lawyers and other experts from 50 leading organisations across 12 jurisdictions have taken part in the research.

The report explores strategies for fostering greater collaboration between jurisdictions to improve cooperation and consistency, and ends by focusing on perspectives of eight of the offshore jurisdictions: Bermuda, British Virgin Islands, Cayman Islands, Guernsey, Hong Kong, Ireland, Isle of Man and Jersey.

The Executive Summary of the report From discord to harmony is now available

To view a copy of the full report, please contact Joanna Colton at joannacolton@southsquare.com

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Victory for investors BNY Mellon in High Court bond dispute

04/06/2015

South Square's Jeremy Goldring QC and Stephen Robins, instructed by Allen & Overy, have won a High Court case for investors BNY Mellon.

BNY Mellon, which is the trustee of high-yield bonds known as enhanced capital notes (ECNs) with a par value of £3.3bn issued by Lloyds Banking Group, argued successfully that Lloyds was not entitled to redeem the ECNs at par in advance of their respective maturity dates.

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Butterworths Insolvency Law Handbook (Seventeenth Edition) - now available

03/06/2015

Butterworths Insolvency Law Handbook (Seventeenth Edition), the most comprehensive collection of statutory source material and practice directions relating to insolvency law in England, Wales and Scotland , is now available.

Co-edited by Glen Davis QC and Marcus Haywood, the publication chronologically covers the most important statutes, statutory instruments and European legislation, with amendments made by new law incorporated into the text of existing legislation. 

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Lucy Frazer QC elected MP

31/05/2015

Lucy Frazer QC has been elected as the Conservative Member of Parliament for South East Cambridgeshire, winning the seat with 28,845 votes - a 48.5% share of all votes cast and increasing the majority by more than 10,000 to secure an overall majority of 16,837. 

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South Square Digest - June Issue Out

22/05/2015

The June 2015 issue of the South Square Digest - our quarterly publication providing a review of news, cases and articles from South Square barristers - is now available.

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South Square at the 2015 London Legal Walk

20/05/2015

South Square was delighted to participate in the London Legal Walk 2015 alongside more than 9,000 fellow walkers from city law firms and other legal institutions.

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Court of Appeal hands down judgment in the "Waterfall" appeal

14/05/2015

The Court of Appeal has handed down its judgment in the Waterfall I Appeal, a dispute as to the distribution of the estimated £7 billion surplus of assets in the main Lehman operating company in Europe, Lehman Brothers International (Europe) (LBIE).

In its judgment against the decision of David Richards J, the Court of Appeal has clarified a variety of issues relating to a very unusual set of circumstances, namely: (a) one of the companies (LBIE) being an unlimited company with a surplus arising in its administration; and (b) that company’s members (LBHI2 and LBL) having unlimited liability as contributories.

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Glen Davis QC Appointed to Guernsey Financial Services Commission's expert panel

30/03/2015

Glen Davis QC has been appointed to the Guernsey Financial Services Commission’s panel of Senior Decision Makers.

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Felicity Toube QC joins accredited mediators at South Square

24/02/2015

South Square is delighted to announce that Felicity Toube QC has qualified as an ADR Group Accredited Civil & Commercial Mediator. She joins the other mediators at South Square: Simon Mortimore QC, William Trower QCGlen Davis QC and Toby Brown.

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South Square Digest - February Issue Out

19/02/2015

The February 2015 issue of the South Square Digest - our quarterly publication providing a review of news, cases and articles from South Square barristers - is now available.

This issue includes a special feature on INSOL San Francisco ahead of next month's conference. Stephen Robins examines cross-border transaction avoidance at common law following the Privy Council's decision in Singularis. There is also an article by Mark Arnold QC on directors' duties in the zone of insolvency, and William Willson discusses the liability of administrators for economic torts.

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Cross-Border Insolvency Fourth Edition - now available to order

16/02/2015

Cross-Border Insolvency Fourth Edition, the most comprehensive and up-to-date guide on all aspects of the law relating to cross-border insolvency, has been published and is available to order from Bloomsbury Professional. 

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South Square ranked in The Lawyer's Top 20 Cases of 2015

19/01/2015

South Square is pleased to feature in The Lawyer's Top 20 Cases of 2015, published online today.

Chambers provides 12 barristers in Re Lehman Brothers International (Europe): "Waterfall II", filling all of the counsel spots in The Lawyer's top-ranked case.

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Saad Privy Council Judgments Handed Down

10/11/2014

The Privy Council have this morning handed down judgments in the two long-awaited outstanding Saad appeals.

PricewaterhouseCoopers v. Saad Investments Company Limited [2014] UKPC 35
Singularis Holdings Limited v. PricewaterhouseCoopers [2014] UKPC 36

PricewaterhouseCoopers has succeeded on each of the appeals - as Appellants in the first appeal (“the SICL Appeal”) and as Respondents in the second appeal (“the Singularis Appeal”).

Click here for a summary and analysis of the judgments.

For the full judgments: 

PricewaterhouseCoopers v. Saad Investments Company Limited 

Singularis Holdings Limited v. PricewaterhouseCoopers 

South Square Digest - November Issue Out

04/11/2014

The November 2014 issue of the South Square Digest - our quarterly publication providing a review of news, cases and articles from South Square barristers - is now available.

In this issue, Mark Phillips QC offers his views on the UNCITRAL Model Law, Simon Mortimore QC examines the stark difference of judicial opinion in the Eclairs case, Joanna Perkins discusses the reform of financial benchmarks and their evolution as reference rates for standard form contracts, and Gabriel Moss QC provides a Euroland update.

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Dubai Judge Approves Espirito Santo Liquidation

20/10/2014

In one of the first insolvency proceedings under the Dubai International Financial Centre (DIFC) Insolvency Law, the court has approved an application to liquidate Espirito Santo Bankers Dubai (ESBD).

The Dubai Financial Services Authority (DFSA), represented by South Square’s Tom Smith QC, submitted an application to the DIFC court for the winding up of ESBD on September 29. The Portuguese conglomerate was deemed insolvent in both cash-flow and balance sheet terms, with a liquidity shortfall of around 54 million euros.

Irregularities were first identified at Espirito Santo earlier this year, leading to a 4.9 billion euro ($6.3 billion) bailout of Banco Espirito Santo, formerly Portugal’s largest listed bank, and global court actions against the group.

At Sunday’s hearing, Justice David Steel said the liquidation of ESBD would serve the best interests of the DIFC and the bank’s 31 creditors, paving the way for them to claim back outstanding debts owed to them.

Philip Bowers and Neville Kahn of advisory firm Deloitte will act as joint liquidators.

Tom Smith QC Joins INSOL Quadrennial Conference Technical Committee

10/10/2014

Tom Smith QC will represent South Square as a member of the Technical Committee tasked with planning the next INSOL International Quadrennial Conference.

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South Square Joins INSOL International's G36

10/10/2014

South Square is delighted to have been invited to join INSOL International's Group of Thirty-Six (G36).

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Winners at the Legal 500 2014 UK Bar Awards

08/10/2014

South Square has been awarded Insolvency Set of the Year in the Legal 500 UK 2014 Bar Awards.

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Winners at the Chambers Bar Awards 2014

03/10/2014

We are delighted to announce that South Square was named Insolvency/Corporate Restructuring Set of the Year at last night's awards ceremony. Adam Al-Attar received Junior of the Year in Insolvency/Corporate Restructuring.

Robin Knowles CBE QC Appointed High Court Judge

01/09/2014

South Square is pleased to announce that Robin Knowles CBE QC is to be appointed as a High Court Judge to sit in the Queen's Bench Division. He will take up his new appointment as of 1 October 2014.

Robin has practised in commercial, financial and business law from South Square throughout his career. Recent cases in court have included New Cap Re (in the Supreme Court), Barclays v Unicredit (in the Court of Appeal) and Re Salti; JP Morgan (in the Commercial Court). His advisory practice includes regulatory, governance and conduct issues.

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South Square Digest - August Issue Out

08/08/2014

The August 2014 issue of the South Square Digest - our quarterly publication providing a regular review of news, cases and articles from South Square barristers - is now available.

This August issue has a special focus on Bermuda, with guest contributions from Robin Mayor of Conyers Dill and Pearman, Kiernan Bell of Appleby, Alex Potts of Sedgwick Chudleigh, and Andrew Martin of MJM. 

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South Square and Mourant Ozannes Litigation Forum 2014

07/08/2014

South Square is proud to be hosting a Litigation Forum in London on 11 September 2014, in conjunction with Mourant Ozannes. 

Discussion topics will include the impact of the Lehman Brothers collapse on international banking law, the Madoff Trustee clawback litigation and the consequences of Judge Rakoff’s judgments, and recent insolvency developments in key offshore jurisdictions.

The Forum will be addressed by keynote guest speaker Hon. James Peck, global co-chair of Morrison & Foerster’s Business Restructuring & Insolvency Group, who presided over the Lehman Brothers Chapter 11 bankruptcy proceedings. 

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Two New Tenants Join South Square

16/07/2014

South Square is delighted to announce that Robert Amey and Andrew Shaw will be joining us as tenants with effect from 1 October 2014.  

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South Square Digest - May Issue Out

01/05/2014

The May 2014 issue of the South Square Digest - our quarterly publication providing a regular review of news, cases and articles from South Square barristers - is now available.

This May issue has a special focus on East Asia and includes contributions from Hilary Stonefrost on bank insolvency regimes, Tom Smith QC on the case against Formula 1 boss Bernie Ecclestone, a review of the Games Station judgment by Hannah Thornley, and a report from Simon Mortimore QC on government proposals to enhance corporate transparency.

To view all copies of the Digest click here. To subscribe, please complete the sign up form

South Square at the R3 Annual Conference

28/04/2014

South Square will be at the R3 Annual Conference in Vilamoura, Portugal on 14-16 May 2014. 

Glen Davis QC and Hilary Stonefrost are on the speaker panel and will be reviewing the latest legal developments in personal and corporate insolvency. Mark Phillips QC and Mark Arnold QC will also be in attendance at R3's flagship event. 

If you would like to meet up with any of our members in Vilamoura, please contact practicemanagers@southsquare.com

Court sanctions schemes of arrangement where governing law changed to English law

14/04/2014

Barry Isaacs QC and Adam Goodison today represented nine companies in the Apcoa Parking group which had applied for the sanction of schemes of arrangement under Part 26 of the Companies Act 2006. Simon Mortimore QC represented a number of supporting creditors. The applications were heard by Mr Justice Hildyard in the Companies Court, Chancery Division, High Court of Justice. Please click here for a summary of the judgment

South Square at the ILA Annual Conference

02/03/2014

South Square has a number of members confirmed to speak at the Insolvency Lawyers’ Association (ILA) Annual Conference in Oxford on 22 March.

William Trower QC and Barry Isaacs QC will address delegates on the recent challenges presented by the Lehman waterfall decision, Mark Phillips QC will discuss the issue of pre-packs, and Felicity Toube QC – also a speaker at the Academic Forum on 21 March - will chair a panel debate on the harmonisation of insolvency laws across the EU. Tom Smith QC and Georgina Peters are also attending.

If you would like to contact any of our members at, or in advance of, the conference, please contact practicemanagers@southsquare.com.

South Square at INSOL HK 2014

01/03/2014

South Square will be out in force at the INSOL 2014 Annual Conference in Hong Kong, 23-26 March.

Nine members of Chambers – Michael Crystal QCFidelis Oditah QCDavid Alexander QCAntony Zacaroli QCGlen Davis QCTom Smith QCMarcus HaywoodWilliam Willson and Matthew Abraham – will be at INSOL conference in Kowloon. Academic and associate members Professor Ian Fletcher QC and Roxanne Ismail SC will also be attending. 

Glen Davies QC and Professor Ian Fletcher will be speaking at this year’s conference.

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Games Station: Court of Appeal Overrules Goldacre and Luminar

24/02/2014

The Court of Appeal today handed down judgment in Jervis v Pillar Denton; re Games Station, in an important ruling for administrators and landlords as to the true scope of the “salvage” or “Lundy Granite” principle as it applies to rent falling due during the period of administration.

Three South Square barristers were involved in the appeal. The Landlords were represented by Antony Zacaroli QC and Hannah Thornley, instructed by Berwin Leighton Paisner LLP, while the administrators of the Game group were represented by Daniel Bayfield, instructed by Linklaters LLP. Please click on the link for our summary of the judgment.

Lehman Brothers International (Europe) - Waterfall Application Decision

21/02/2014

Mr Justice David Richards today announced his decision in the Lehman “waterfall” application, which addressed a number of issues arising from the likelihood of a surplus in the estate of Lehman Brothers International (Europe) (“LBIE”) after payment of all proved debts.

Four silks and two juniors from South Square, representing three different parties, appeared on the application: William Trower QC and Daniel Bayfield (representing the joint administrators of LBIE); Antony Zacaroli QC and David Allison (representing a creditor of LBIE); and Barry Isaacs QC and Mark Arnold QC (representing Lehman Brothers Holdings Inc). Please click on the link for our summary of the judgment.

Two New Silks - David Allison and Tom Smith

20/02/2014

South Square is delighted to announce that two members, David Allison and Tom Smith, have been appointed to Queen’s Counsel in the 2014 round.

Commenting on the news, Chambers Director Ron Barclay-Smith says: “These appointments are thoroughly well deserved and we are all very proud of David and Tom. They are both outstanding members of Chambers with an impressive domestic and international practice. This is also great news for South Square, showing the calibre of our members, as well as for them as individuals in progressing their successful career with us." 

Joanna Perkins to Chair Oversight Committee of IBA

23/01/2014

Joanna Perkins has been appointed to the Board of the Intercontinental Exchange Group (ICE) Benchmark Administration (IBA) Oversight Committee.

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The Chambers UK 100 - Top 100 Barristers

13/12/2013

We are pleased to announce that Gabriel Moss QC, Robin Dicker QC, Antony Zacaroli QC, Lloyd Tamlyn, David Allison, Daniel Bayfield, and Tom Smith have been listed as 'Top 100' barristers by Chambers & Partners.

To view the editorial comments please click here.

Winners at the Chambers UK Bar Awards 2013

04/10/2013

The Chambers UK Bar Awards 2013 was once again a successful evening for South Square. We are delighted to announce that Barry Isaacs QC was awarded Silk of the Year and Lloyd Tamlyn received Junior of the Year in Insolvency/Corporate Restructuring. 

South Square recommended as a top-tier set in Insolvency again

26/09/2013

The Legal 500 United Kingdom 2013 has once again recommended South Square as a top-tier set in Insolvency.  Eighteen of our 21 QCs are listed in the “Leading Silks” list and 11 barristers are listed in the “Leading Juniors” list.

South Square has also been recommended as a leading set in Banking and Finance (including Consumer Credit), Commercial Litigation and Company and Partnership, having moved to Tier 2 from Tier 3 in these practice areas.  South Square’s ranking in Fraud: Civil remains unchanged at Tier 3 and we have also, for the first time, been recommended in the Insurance and Reinsurance category.

Lehman - Nortel briefing

24/07/2013

The Supreme Court today handed down judgment in the Lehman and Nortel pensions appeals [2013] UKSC 52, reversing the decisions of Briggs J and the Court of Appeal and, in the process, sweeping aside numerous other well-known and long-established decisions.

Gabriel Moss QC, Richard Sheldon QCMark Phillips QC, Robin Dicker QC, William Trower QC, Barry Isaacs QC, Felicity Toube QC, David Allison, Daniel Bayfield, Tom Smith QC and Stephen Robins all appeared before the Supreme Court.

To read our briefing note on this important decision, please click here.

INSOL 2013 - Ninth World Congress - The Hague

31/05/2013

South Square was in force at this year’s INSOL Quadrennial Conference in the Hague, sponsoring breakfast in the World Forum Foyer and exhibiting throughout the conference.  Members attending included William Trower QC, Antony Zacaroli QC, Glen Davis QC and John BriggsFelicity Toube QC also attended and was a panel speaker in the plenary session on the Criminal Elements of Restructuring. 

Aside from the valuable opportunity of discussing key topics of the day with peers, renewing old friendships and developing new ones, a major highlight was the presentation of the Scroll of Honour to Professor Ian Fletcher QC (Hons) for his outstanding work and commitment to INSOL – a richly deserved award.

Professor Ian Fletcher QC (Hons)

Eurosail decision in the Supreme Court

09/05/2013

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.

Heritable Bank v Landsbanki Supreme Court Judgment

17/04/2013

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 and 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.