Phil enjoys a broad practice, with particular specialisms in commercial dispute resolution and insolvency law. He is instructed in a range of high-value matters, frequently appears unled in the High Court, and has a number of reported judgments over the past 12 months.
Before coming to the Bar, Phil worked in private equity and at a leading strategy consultancy in the City. He was involved in the largest financial restructure of a UK bank since the financial crisis, and worked in mergers and acquisitions on various due diligence, valuation and acquisition projects with leading private equity groups.
Prior to pupillage, Phil was awarded Middle Temple’s top scholarship for his legal training, and won the Rosamund Smith Moot Competition.
Phil brings his commercial experience to his practice at the Bar. In his previous career, he gained expertise in banking, financial services and securities, capital restructuring, as well as regulatory regimes following the implementation of the Financial Services Act and Basel III. His experience also means that he is comfortable acting in high value commercial disputes.
Essar Projects Limited v Y – CIJE Kuwait (2023)
Successfully obtaining and continuing an anti-suit injunction on the basis of arbitration and governing law clauses.
Servis Terminal LLC v Drelle  EWHC 1333 (Ch)
Successfully obtaining a security for costs order against a Russian state-owned corporate backer (led by Simon Davenport KC).
Acting as sole counsel in a matter concerning whether a Tomlin Order crystallises or replaces any liabilities flowing from the underlying agreement in dispute.
Instructed (led by Simon Davenport KC) in an ICC arbitration concerning an agreement to construct geothermal power plants worth $2bn.
Clutch v DDI Holdings Ltd and Others
Acting as sole counsel in a Commercial Court claim for discovery services in litigation.
Phil regularly appears in the High Court and before Insolvency and Companies Court Judges in insolvency matters.
Phil has further experience in a range of corporate insolvency matters, including shadow and de facto directorship, breach of fiduciary duty, unlawful distribution, transactions at an undervalue and section 127 declarations. His practice also frequently involves appearing as sole counsel in contested winding up and bankruptcy petitions.
Servis Terminal LLC v Drelle  EWHC 506 (Ch)
Acting in a £20 million bankruptcy based upon judgments of the Arbitrazh Court of Yaroslavl in Russia, in which the principal creditor was Gazprom Neft. The ICC considered whether a bankruptcy order should be made which would be to the benefit of the Russian state and whether Gazprom Neft’s involvement in the Russian proceedings tainted the judgment debt (led by Simon Davenport KC).
Acting on a successful application to cancel a breathing space moratorium. This important decision concerned the rights of creditors when a breathing space moratorium is sought under the Debt Respite Scheme Regulations 2020 (led by Kerry Bretherton KC). Phil also appeared as sole counsel before Swift J in a series of prior applications ( EWHC 3326 (KB)) that concerned the time limits under those Regulations, in the first reported decision on this issue.
Servis Terminal LLC v Drelle  EWHC 1333 (Ch)
Successfully obtaining a security for costs order against a Russian state-owned corporate backer, the first such order noted in bankruptcy proceedings (led by Simon Davenport KC).
Concerning whether a liability under a Tomlin Order crystallises or replaces any liabilities arising by virtue of the underlying agreement in dispute.
Re Jolly Sailor Private Limited  EWHC 897 (Ch)
Appearing for the successful respondent in an appeal before Zacaroli J concerning whether company accounts are conclusive of a debt in winding-up petitions.
IV Fund Ltd SAC v Mountain  EWHC 738 (Ch)
Acting for the successful respondent in an appeal concerning expedition of a petition under section 270 IA 1986.
IV Fund Ltd SAC v Mountain
Acting for the successful applicant in obtaining a cancellation of a moratorium under Regulation 19 of the Debt Respite Scheme Regulations 2020 in the first reported judgment of the ICC under the Regulations.
Having worked in mergers and acquisitions in his time as a consultant, Phil is well-placed to act in shareholder disputes. He is developing particular expertise in claims for unfair prejudicial conduct, and is currently instructed as sole counsel in a range section 994 claims for members of early stage start-ups.
Phil has a particular interest in public and administrative law.
He is currently instructed as part of the counsel team to the Iraq Fatality Investigations, established following R (Ali Mousa and others) v Secretary of State for Defence  EWHC 1412 (Admin) in order to meet the state’s obligations under Article 2 of the ECHR.
He has experience in appeals to the Privy Council, particularly from Caribbean jurisdictions. He appeared for the successful appellant in two appeals (led by Peter Knox KC and Robert Strang) from Trinidad and Tobago concerning constitutional interpretation: Marcia Ayers-Caesar v (1) The Judicial and Legal Service Commission (2) The Attorney General of Trinidad and Tobago  UKPC 44.
He has also assisted in an appeal concerning mandatory life sentences, and has experience of appeals in further constitutional matters, such as the incarceration of child detainees in adult facilities, from other jurisdictions.
Phil regularly advises and acts in claims involving jurisdictional and conflicts of law issues, particularly in travel law. He has extensive trial experience in claims under the Package Travel Regulations, and appears frequently in interlocutory hearings. His practice also involves claims under the Montreal and Athens Conventions.
Phil is able to accept instructions directly from members of the public, companies and other entities through the public access scheme (also known as direct access). He is happy to accept instructions on a direct basis in appropriate cases. If you wish to instruct Phil on a direct basis, please speak to the clerks.
For more information on public access, please see the Bar Council website.
20th Sep 2023Read more