William Trower QC

William Trower QC William Trower QC

William Trower QC

QC 2001, Called to the Bar 1983
+44 (0)20 7696 9900
williamtrower@southsquare.com
William Trower QC
QC 2001, Called to the Bar 1983

William has a financial and commercial practice, specialising in Insolvency and Corporate Restructuring, Banking, Company Law and the civil aspects of Commercial Fraud.  He has acted in disputes arising out of many high-profile and high-value insolvencies, both in the UK and abroad.

Frequently described as ‘the go-to man’ for top law firms, William has been instructed in many of the major, precedent-setting insolvencies and restructurings over the past 10 years. He is currently acting for the administrators of Lehman Brothers and Nortel and has acted in many other high profile insolvencies and reconstructions, such as Kaupthing and Landsbanki.

Head of Chambers at South Square, William sits as a Deputy High Court Judge (Chancery Division) and was a member of the Insolvency Rules Committee for ten years. He contributes to a number of texts and professional publications, and is also a CEDR-trained Mediator. 

William was nominated for the Chambers UK Company/Insolvency Silk of the Year Award 2016. 

AREAS OF PRACTICE

Insolvency and Restructuring

Recent cases include:

  • Re Lehman Bros International (Europe) [2016] EWHC 2131 (Ch), foreign currencies, set off and interest
  • Re Lehman Bros International (Europe) [2016] Ch 50, statutory interest, application of the contributory rule and surplus assets
  • Re Lehman International (Europe) [2016] Bus LR 17, contingent liabilitites
  • Re Lehman International (Europe) [2016] EWHC 2270 (Ch), statutory interest and foreign currencies
  • Metinvest B.V. [2016] 1LPr19, scheme of arrangement
  • AI Scheme Ltd [2015] EWHC 1233 (Ch) and [2015] EWHC 2038 (Ch), consumer mis-selling scheme of arrangement
  • Re Apcoa Parking Holdings [2015] 4 All ER 572, scheme of arrangement for German group where governing law was changed to enable scheme to be promulgated  
  • Laverty & Ors v British Gas Trading Ltd [2015] 2 ALL ER 430, payment for gas and electricity supplies as expenses in an administration
  • Re Card Protection Plan Ltd [2014] EWHC 114 (Ch), scheme of arrangement to vary customer rights in respect of misselling claims 
  • Re Nortel; Re Lehman Brothers International [2013] UKSC 52, treatment of Pensions Act liabilities as expenses in administration
  • Re Lehman Brothers International (Europe) [2013] EWHC 1664 (Ch), court to court communication
  • Re Bezier Acquisitions [2012] BCLC 322, appointment of administrators out of Court
  • BNY Corporate Trustee Services v Eurosail-UK-2007-3BL [2011] EWCA Civ 227, meaning of unable to pay debts in section 123(2) of Insolvency Act 1986
  • Re Stanford International Bank [2011] Ch 33 (CA), COMI and application of Proceeds of Crime Act to foreign liquidation
  • Goldacre (Offices)  v Nortel Networks [2010] Ch 455, rent as expense of administration
  • Bloom v Harms Offshore AHT ‘Taurus’ & Co KG [2010] Ch 187 (CA), anti-suit injunction in aid of English administration
  • European Directories (DHG) BV [2010] EWHC 3472 (Ch), COMI and administration of foreign company
  • Re Hellas Telecommunications (Luxembourg) II SCA [2009] EWHC 2199 (Ch), COMI shift and administration pre-packs
  • Four Private Investment Funds v Lomas [2009] 1 BCLC 161, administration moratorium and unfair prejudice
  • RAB Capital v LBIE [2008] BCC 915, administration moratorium
  • Dolphin Quays Developments  v Mills [2008] 1 WLR 1829, third party costs and receivers
  • Re HIH Casualty & General Insurance  McGrath v Riddell  [2008] 1 WLR 852, cross border insolvency and remission of assets to foreign liquidator
  • Re Metronet Rail BCV  [2008] 2 All ER 75, PPP administration and transfer scheme under Schedule 15 of the Greater London Authority Act
  • Re Cheyne Finance [2008] 2 All ER 987, meaning of unable to pay debts as they fall due
  • Re Cheyne Finance  [2008] 1 BCLC 732, enforcement events under SIV security agreement
  • Re T&N (No 3) [2007] 1 All ER 851, contingent claims and schemes of arrangement
  • Re Trident Fashions (No 4) Exeter City Council v Bairstow (No 2) [2007] 4 All ER 437, rates and administration expenses
  • Re T&N  [2006] 1 WLR 1728, contingent claims, schemes of arrangement and provability in a winding up
  • Re Huddersfield Fine Worsteds, Re Globe Worsted [2006] 2 BCLC 160, administration expenses
  • In re Allders Department Stores  [2005] ICR 867, administrators’ expenses
  • In re British American Racing (Holdings)  [2005] 2 BCLC 235, abuse of process and administration applications
  • AES Barry v TXU Europe Energy Trading [2005] 2 BCLC 22, leave to commence proceedings against company in administration

Banking and Finance

Recent cases include:

  • US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd [2014] EWHC 1189 (Ch), construction of financing documentation
  • Re Christophorus 3 Ltd [2014] EWHC 1162 (Ch), administration, restructuring and construction of intercreditor releases
  • Gemini (Eclipse 2006-3) v Danske Bank [2012] EWHC 3103, application of a liquidity facility in a securitisation structure
  • Lomas v JFB Firth Rixson [2012] EWCA 419, construction of section 2(a)(iii) of ISDA Master Agreement and application of anti-deprivation principle
  • HHY Luxembourg v Barclays Bank [2010] EWCA Civ 1248, construction and effect of release clause in Intercreditor Agreement
  • Cattles  v Welcome Financial Serviced [2010] EWCA Civ 599, construction of non-compete clause in guarantee
  • Bank of New York v Montana Board of Investment [2009] 1 All ER 1081, meaning of SIV Agreement
  • OT Computers v First National Tricity Finance [2003] EWHC 1010 (Ch), purpose trusts

Commercial Litigation and Arbitration

Recent cases include:

  • Tchenguiz and Rawlinson & Hunter Trustees  v Serious Fraud Office [2014] 4 All ER 627, litigation privilege
  • Isis Investments  v Oscatello Investments [2013] EWHC 75 (Ch), stay of proceedings
  • Isis Investments v Oscatello Investments [2012] EWHC 745 (Ch), compromise agreements and amendments
  • Burmarsh v Walters [2007] EWCA Civ 172, construction of Deed of Assignment, tax avoidance 

Company

Recent cases include:

  • In re Hibu Finance (UK) Ltd [2014] EWHC 370 (Ch) and [2014] EWHC 1047 (Ch), scheme of arrangement
  • Monier Group Services GMBH [2013] EWHC 3406 (Ch) and [2013] EWHC 3919 (Ch), scheme of arrangement
  • In Re Cortefiel [2012] EWHC 4192 (Ch), scheme of arrangement
  • Re Seat Pagine Gialle Spa [2012] EWHC 3686 (Ch), scheme of arrangement for foreign company
  • Re TXU Europe Group  [2011] EWHC 2072 (Ch), distributions to members out of a CVA
  • Re DX Holdings  [2010] EWHC 1513 (Ch), consent fees and schemes of arrangement
  • Re Lehman Brothers International (Europe) [2010] 1 BCLC 496 (CA), jurisdiction to sanction scheme of arrangement
  • Re DAP Holdings NV [2006] BCC 48, jurisdiction to sanction scheme of arrangement in respect of Dutch insurer 

AWARDS AND RECOMMENDATIONS

Chambers & Partners  Star individual in Restructuring and Insolvency, Bank 1 in Company and also recommended in Banking and Finance.
"An outstanding advocate"
"He's a very smart guy, who is very thoughtful"
"He is very urbane and relaxed, and always has the ear of the Court"
Chambers Global  Recommended Star Individual in UK Restructuring and Insolvency.
"His opinions are utterly on the money"
"He is a plausible advocate on any subject"
"He is a real tour de force"
Legal 500

Recommended in Banking & Finance, Company, and Insolvency.
"He is clear and analytical in his approach, and provides clear commercial advice"
"Excellent; he provides detailed, practical advice'
"He fights his corner with charm and style"
"Inspires confidence"
"Has the ability to break down and explain the legal effect of complex transactions in a very lucid fashion"
"Very strong technically as well as being approachable and easy to work with"
"Careful preparation and a good, balanced judgement of the issues"
"He provides excellent, detailed and practical advice"

CAREER

2009 Bencher, Lincoln’s Inn
2007 Deputy High Court Judge (Chancery Division)
2001-2005 Reviewer of Complaints for Insolvency Practitioners Association
2001 Appointed Queen’s Counsel
1983 Called to the Bar of England & Wales

 

Called to the Bars of Bermuda, the Cayman Islands and Hong Kong for specific cases.

CEDR-trained Mediator. 

MEMBERSHIPS

2005 Council of Insolvency Lawyers Association
2000-2011 Insolvency Rules Committee

PUBLICATIONS

Consultant Editor O’Dea on Schemes of Arrangement: Law and Practice (OUP, 2012)
Consultant Editor Parry on Transaction Avoidance in Insolvencies (OUP, 2011)
Contributor to Montgomery and Ormerod on Fraud: Criminal Law and Procedure (OUP, 2008)
Co-Author Fletcher, Higham & Trower:  Corporate Administrations and Rescue Procedures (second edition, LexisNexis, 2004)
Co-Author Fletcher, Higham & Trower: The Law & Practice of Corporate Administrations (Butterworths, 1994)
Member of Editorial Board of International Corporate Rescue (Kluwer Law)

EDUCATION AND QUALIFICATIONS

1981-1982 City University, Graduate Diploma in Law
1978-1981 Oxford University, MA

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