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St Philips Commercial

St Philips Commercial

Monday, 06 January 2014 16:17

Re Clenaware Systems Ltd [2013] EWHC (Ch).

Decision of HHJ Barker QC as to the principles to be applied on an application for permission to act under sections 1A and 17 of the Company Directors Disqualification Act 1986. James Morgan and Matthew Weaver were instructed by the Secretary of State.  

Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/2514.html.

9th August 2013

James Morgan.

Monday, 06 January 2014 16:15

Re Casa Estates Ltd [2013] EWHC 2371 (Ch).

Decision of Mr Justice Warren in the context of an office-holder claim as to the meaning and effect of the "balance sheet" insolvency test in s.123(2) of the Insolvency Act 1986 following the decision of the Supreme Court in Eurosail. Currently subject to a second appeal to the Court of Appeal.

Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/2371.html.

31st July 2013

James Morgan.

Decision of HHJ Pelling QC as to whether a bare right to appeal was "property" within the meaning of the Insolvency Act 1986 in the context of an application by liquidator for directions as to whether he should assign the right to conduct a tax appeal to the directors of the company.

Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/1447.html

4th June 2013

James Morgan.

Ed Pepperall QC comments on this morning’s judgment from the Court of Appeal.

Unless you’re Peter Perfect, it’s time to check your insurance policy very carefully because the Court of Appeal has just dismissed Andrew Mitchell MP’s appeal in the CPR case of the year.

As is well known, Mr Mitchell failed to lodge his costs budget at least 7 days before the first CMC in his defamation claim against The Sun. In the first serious flexing of judicial muscles post-Jackson, Master McCloud ordered that he be treated as having filed a costs budget limited only to court fees. At a later hearing she refused to allow relief from sanctions despite the desperately tight timetable in that case.

While it is true that the 18th implementation lecture was hard hitting on the question of default, Sir Rupert Jackson never recommended zero tolerance. His reforms have always been about shifting the culture and the courts being “less tolerant” of default. Some of us will therefore have hoped for a different result.

That said, the Court of Appeal does not interfere with case management decisions unless they are outwith the generous ambit of discretion given to judges.

Furthermore there had been much criticism in the run up to Jackson at the role of the Court of Appeal in undermining the Woolf reforms, perhaps no more so than in Lord Woolf’s own judgment in Biguzzi v. Rank Leisure. Sir Rupert stressed the importance of the Court upholding robust but fair case management decisions if his reforms were to effect a change of culture.

In Mitchell, their lordships were honest enough to admit that their decision had more to do with the need to change the culture of litigation than with the justice of Mr Mitchell’s own case. Ultimately they held their noses and dismissed the MP’s appeal.

 

To read the full judgment click here

Tuesday, 26 November 2013 12:21

‘Star at the Bar 2013 - Ali Tabari’

Ali Tabari has been ranked in the prestigious 'Stars at the Bar 2013' list compiled by Legal Week. The annual list showcases the commercial and chancery Bar's young talent based on recommendations by colleagues and clients, and this year the listed 15 barristers were drawn from a pool of over 300 candidates. Ali was rated 'Highly Commended', and was the only barrister practising outside of London to be ranked. 

This is the second time in three years that that a member of St Philips Commercial team has been included in this list.  Carl Garvie appeared in the 2011 list and Ali's ranking highlights not only the quality and strength in depth available at St Philips but also the high regard in which our members are held by our clients.

Ali practises in commercial and chancery work, with a particular interest in banking/financial services, insolvency and professional liability. He is also the co-ordinator of chambers' Junior Commercial Team


Please click here to view Ali’s profile

 

Friday, 15 November 2013 10:54

St Philips London Official Opening

On Wednesday 6th November 2013 St Philips London was officially opened by The Right Honourable Lord Hughes of Ombersley, Justice of the Supreme Court of the United Kingdom. Lord Hughes welcomed St Philips to London in a ceremony attended by senior members of the Judiciary, members of chambers and friends.

Speaking at the opening, head of chambers, Kevin Hegarty QC, said; "the expansion of St Philips into London is a natural step in reinforcing our position as a national set." He added, "the many able and specialist barristers within St Philips would be in a stronger position to attract work nationally and internationally and develop practices of the highest quality."

If you would like any more information on St Philips London, including information on how to join our multi-award winning team, please contact chief clerk This email address is being protected from spambots. You need JavaScript enabled to view it.">Joe Wilson.

Tuesday, 01 October 2013 12:46

St Philips Opens in London

 

St Philips Chambers opens its London office in Gower Street in the heart of Bloomsbury on 1st October. St Philips London will focus on commercial, employment, regulatory, privately funded crime and family work. The 175-strong set, one of the largest in the UK, will be seeking to recruit specialists to service its growing London client base. 

Facilities at the 2,500 square foot office include multi-media technology, audio-video conferencing, mediation and seminar rooms.  Clive Read, real estate partner of SGH Martineau, advised St Philips during the acquisition of the premises.

St Philips London has two experienced clerks in place, Sam Collins who transferred from St Philips Birmingham and Chris Young previously of Crown Office Chambers.  Both are supported by the 50-strong central clerking and support team in Birmingham led by chief clerk Joe Wilson. Kevin Hegarty QC, head of chambers, said; “Our reputation as a national and international set, combined with the need to be closer to our London client base, dictated that time had come to have a permanent presence in the capital. This development is part of our strategic plan to offer an exceptional team of barristers who will be the client’s first choice wherever they are in the world. Clients in the Midlands and London have already responded positively to our plans.”

Within six months St Philips will also formalise its planned merger with alliance partner Chancery House Chambers in Leeds and move into new state-of-the-art city centre premises.

Thursday, 26 September 2013 12:50

Double Nomination Honour For John Randall QC

Head of St Philips Commercial, John Randall QC, has received nominations for two prestigious legal prizes.

He has been shortlisted at The Legal 500 UK Awards 2013 in the category for Regional Silk of the Year, the winners of which will be announced on Wednesday 2nd October.

John has also been shortlisted to appear in The Chambers 100 UK Bar Guide. The guide considers only those members of the Bar that are top ranked in The Chambers Bar Guide, then publishes a comprehensive list of the top 100 silks and the top 100 juniors at the UK Bar.

These honours follow hot on the heels of the latest edition of the Legal 500 where John is “recommended for his ‘intellect, extensive experience, and excellent advocacy’.”

Ed Pepperall QC will be speaking alongside Professor Dominic Regan at a half day seminar organised by Birmingham Law Society. The event is being held on Thursday 3rd October 2013 and is designed to provide an update on how Lord Justice Jackson's reforms, that were introduced earlier this year, have impacted on the way litigation is conducted and how the associated costs are funded and recovered.

For full details please click here

Breakfast Seminar: An essential Update on Jackson with Professor Dominic Regan and Ed Pepperall QC

Ed Pepperall QC - As a member of the Civil Procedure Rule Committee, Ed has been at the heart of implementing the Jackson reforms. A regular speaker on all things Jackson, he is the only barrister member of the sub-committee reviewing the rules on costs management and the Commercial Court exemption. Ed is a commercial silk specialising in contractual disputes, often arising from business sales. He also handles all matters arising from the departure of senior executives from claims in restraint of trade, confidentiality or for diversion of business to unfair prejudice petitions.

Ed is also a member of Lexis-Nexis' Panel of Experts for Dispute Resolution and of its Consultant Editorial panel for its PSL product.

To view Eds full CV click here

St Philips are delighted to announce that they have once again been short listed for the prestigious Chambers and Partners ‘Regional Set of the Year’ award 2013. The awards is hosted by Chambers & Partners who identify leading Chambers, Silks and Juniors who have excelled in their respective fields.

This nomination demonstrates the strength and depth of expertise at St Philips and is recognition for its forward thinking and innovative approach to providing legal services.

The awards will take place at The London Hilton on Park Lane London, on 3rd October 2013.