Phillip Patterson has a wide-ranging commercial dispute resolution and insolvency practice with experience of high value and complex disputes in a variety of courts and tribunals, including the Business and Property Courts and the Privy Council.
As part of the commercial dispute resolution work he has undertaken, Phillip has represented clients in key industries such as aviation, construction/engineering and financial services. He has an astute business understanding which helps him give focused and practical advice to commercial clients.
He has particular expertise in technical company law issues, which makes him an obvious choice for claims involving allegations of misfeasance, mismanagement and breach of duty as well as shareholder disputes. Phillip has extensive experience of partnership and joint venture disputes, often in relation to large construction projects.
A significant proportion of Phillip’s current and recent work concerns corporate and personal insolvency, a field in which Phillip is fast becoming a go-to junior for a range of applications, acting both for and against office-holders. Phillip has acted for many of the largest firms of insolvency practitioners in the UK in recent years.
Phillip has a significant and growing civil fraud practice, with recent experience of major and high-profile fraud claims, including many with a cross-border element. Phillip has acted for clients and in relation to claims concerning a number of foreign jurisdictions including the British Virgin Islands, Gibraltar, Kuwait and Trinidad and Tobago.
Phillip has particular expertise in relation to banking and financial services work having obtained a postgraduate qualification in banking law.
Phillip acts both for and against lenders in relation to disputes concerning mortgage and investment agreements, as well as a range of security documents. He has a significant amount of recent experience in matters concerning guarantees and indemnities.
Recent work:
Representing the defendant and counterclaimant in a high-value dispute concerning alleged breaches of an agreement to loan money to a start-up company in the technology and innovation sector (Catalyst v Very Tangy Television Limited and ors [2018] EWHC 1669 (QB)).
Representing customers of a major high-street lender in a claim against the bank and its employees for fraudulent misrepresentation and deceit.
Advising a company director who made erroneous payments to a debtor of the company by way of mistaken payment from a personal account.
Representing a building company in relation to a dispute with a high-street lender concerning sums allegedly owing under various facilities.
Representing the defendant in a claim brought by the Royal Bank of Scotland against a professional investor who borrowed money to invest in a Government Private Finance Initiative.
Representing Santander UK in a claim brought by a mortgage customer who alleged (among other matters) breaches of the Equality Act 2010.
Representing the defendant in a claim brought by a lender for sums allegedly owed under a personal guarantee.
Representing Barclays Bank (Suisse) SA in a dispute with a borrower under a residential mortgage and the firm who advised it when the mortgage agreement was produced.
Representing the owners of a safety deposit box in a dispute with the bank at which the box was deposited.
Jurisdiction challenge in a claim between Cinnamon European Structured Credit Fund and a Portuguese bank arising out of the securitisation of a mortgage portfolio. The proceedings involved the application of the EC Council Regulation on the recognition and enforcement of judgments in civil and commercial matters.
Recovery of “client money” held by Lehman Brothers. The matter went to the Court of Appeal ([2010] EWCA Civ 917) and gave Phillip considerable exposure to the regulatory framework of financial services in the UK.
Chunilal v Merrill Lynch [2010] EWHC 1467 (Comm): a claim relating to a banker’s entitlement to a discretionary bonus.
Fraud, asset-tracing and recovery has always formed a major part of Phillip’s practice. This work has increased significantly in both frequency and complexity in recent years. Phillip understands and can accommodate the need to act with great urgency in claims of this sort and can give clear and considered strategic advice within the confined timeframes associated with this work.
Recent work:
Acting for an individual accused of dishonest assistance in relation to the multi-million pound and high-profile ‘Safe Hands Plans’ fraud.
Representing a group of Defendants accused of participation in a ‘Dreamvar’ fraud, involving the purported sale of a residential property owned by a third party.
Hamuel Reichenbacher Ltd v McDermott [2022] EWHC 623 (Ch) – successfully represented the Claimant in a High Court trial seeking to recover the proceeds of more than a decade of fraud and forgery perpetrated by a director against the UK subsidiary of a major German company.
Flexidig v M&M Contractors (Europe) Ltd – acting for the Respondent in a series of hearings concerning the imposition of a worldwide freezing injunction following allegations of forgery in a construction project.
Acting for a trustee in bankruptcy in a dishonest assistance claim against a business associate of the bankrupt accused of dissipating assets out of the bankruptcy estate.
Representing the Claimants in a £36m fraudulent misrepresentation claim against a high-street lender and its employees.
Holyoake v Savills plc: Represented high-profile property investor in relation to an application for pre-action disclosure against the large global real-estate services provider. The application concerned allegations of fraudulent conspiracy and breaches of fiduciary duty.
Representing a company and its shareholder/director in relation to fraudulent misrepresentation and economic tort claims against its former owner and accountant.
Advising the adopted son of an individual who died intestate in relation to a misrepresentation claim. Phillip’s client sought to rescind an agreement by which he purportedly waived his rights under the intestacy at a significant undervalue.
Advised and represented a commercial user of electricity seeking to recover secret commissions obtained by an agent.
Representing a client seeking to recover sums invested in various commercial ventures as a result of the undue influence of her former partner.
Commercial work lies at the heart of Phillip’s practice. His caseload involves larger claims where he leads or is led by others, and many others where he acts as sole counsel. Phillip has experience of both litigation and arbitration and both matters which are purely UK-focused and, increasingly, matters with a substantial international and cross-border dimension.
As illustrated below, his expertise is wide-ranging and covers a wide variety of sectors from the airline industry and investment vehicles to the building trade and the service sector.
His specific experience in relation to insolvency, company law claims and civil fraud is dealt with elsewhere in his profile.
Recent work:
Acting for a Kuwaiti individual in claims involving dishonoured cheques following disputes arising in a joint venture for projects in a variety of jurisdictions.
Acting for a company which provided cyber-security services to a major Luxembourg-based private equity and investment advisory company seeking to recover a multi-million pound sum in respect of unpaid invoices for services provided.
Acting for a joint venture partner in a dispute with the other partner in relation to the acquisiting and development of holiday parks in Scotland.
Acting for the Respondent to an interim charging order over shares following judgment in proceedings in the Cayman Islands.
Acting for a local authority in the compulsory purchase of the ‘Dreamland’ leisure park in respect of issues relating to the validity and interpretation of mortgage deeds relied upon by the owners of the site.
Advised the CEO of a company involved in a £200m dispute with noteholders in the Commercial Court.
Represented a start-up company involved in litigation seeking substantial damages from a lender for breach of a loan agreement incurring large consequential losses.
Represented a bedding and pillow retailer defending a claim at trial for significant mobile phone roaming charges allegedly incurred under an airtime agreement.
Advising an investment agent in relation to potential claims against an investor for breach of confidentiality agreements made in support of services provided in the acquisition of a mining company and its assets in New Zealand.
Representing a Scottish Limited Partnership which has acquired the freehold title of property which is subject to significant fire safety defects.
Afriqiyah Airways Advanced Baggage Services Limited: Trial of a dispute between an airline and a General Cargo Sales Agent concerning alleged breaches of an agreement between the parties.
Represented various companies and individuals in a dispute relating to losses resulting from an investment in litigation funding.
Represented a major restaurant chain at the trial of a claim against the publisher of a magazine concerning breaches of a contract for advertising.
Representing a digital marketing agent in a claim for unpaid invoices against a holiday villa letting company.
Represented an SME in the construction industry in relation to a claim for the non-payment of invoices for work done on the refurbishment of a school.
Represented a product labelling company at trial in a claim against an energy advisor and broker over unnecessary work carried out at commercial premises.
Holyoake v Savills plc: Successfully resisted an application to transfer a pre-action disclosure application from the Circuit Commercial Court (formerly Mercantile Court) into the Commercial Court in London.
Claim against the purchasers of a business bought through a pre-pack administration in tort for the ongoing use of equipment not transferred during the purchase.
Phillip advises companies, shareholders and directors in relation to a variety of claims such as unfair prejudice claims, derivative claims and other claims of mismanagement both in the UK and offshore, including in the British Virgin Islands (BVI).
He also has experience of both contentious and non-contentious aspects of the law of partnerships, having advised and represented LLPs, joint ventures, partnerships and the individuals involved in them.
Recent work:
Advising and representing minority shareholders of a BVI company which holds the majority of shares in a Bahamian distillery company in relation to a complex shareholder dispute.
Acting for company liquidators seeking to recover a debt from the partners of a dissolved partnership in a claim which will require interpretation of section 17 of the Partnership Act 1890.
Acting for a group of estate agency companies in High Court litigation against a de facto director of those companies alleging the misappropriation of substantial sums from the companies across a lengthy period.
Acting for a joint venture partner in a dispute relating to the development of holiday camp sites in Scotland.
Acting for a shareholder/director of a quasi-partnership company seeking to bring a derivative claim against his co-director.
Represented the respondents in an unfair prejudice petition brought in respect of companies providing non-emergency medical transportation services with a combined share price of over £1.2 million.
Represented the former director and 50% shareholder of a company providing industrial air-conditioning units in an acrimonious dispute with the company and his former co-director.
Represented the respondent to an unfair prejudice petition arising out of the management of a property investment company.
Representing a solicitor involved in an acrimonious split with his previous joint-venture partner, including applications for injunctive relief.
Represented the Claimant seeking payment of deferred consideration owed by his business partner under a share purchase agreement.
Advising a minority shareholder of a building company in relation to a potential unfair prejudice petition.
Representing the purchaser of the share capital of a commercial interior fitting company in various disputes with the vendor of that share capital.
Advising a partner in a clothing business in respect of claims for breach of fiduciary duty and misappropriation of partnership funds, as well as the dissolution of partnership assets.
Representing a partnership involved in litigation against a former partner in debt and in respect of allegations of misappropriation of partnership funds.
Representing a Scottish Limited Partnership which has a acquired the freehold title of property which is subject to significant fire safety defects.
Advised members of an LLP in the renewable energy industry on the interpretation of the acquisition and transfer provisions in an LLP agreement.
Represented the former director and 50% shareholder of a company providing industrial air-conditioning units to trial in an acrimonious dispute with the company and his former co-director.
Represented the Respondent to an unfair prejudice petition arising out of the management of a property investment company.
Working on the team representing Sir Jack Hayward in his dispute with the family of the late Edward St George concerning the ownership of a company controlling a wide range of business interests in Freeport, Bahamas.
Phillip is a popular choice as a junior counsel for the insolvency teams of many firms in London and nationwide. He regularly appears in the Companies Court in a range of complex and technical corporate insolvency applications. In addition to the pursuit of litigation in this field, Phillip frequently provides collateral assistance in matters such as advising office-holders on the adjudication of proofs of debt, applications for private examination under section 236 of the Insolvency Act 1986 and advising on alternatives to insolvency proceedings, e.g. CVAs, moratoriums and restructuring plans.
Phillip’s expertise in this area has been recognised by being asked to act as the sole author of the most recent update of the Encyclopaedia of Forms and Precedents for Corporate Insolvency and is currently working on the next update of Halsbury’s Laws of England for Corporate Insolvency.
Phillip was also part of the team at Gatehouse Chambers which updated the Corporate Insolvency Chapter in the current edition of Atkin’s Court Forms.
Recent work:
Acting for the liquidators of a large Gibraltar-based insurance company in relation to high-value misfeasance claims against its former directors and various corporate entities.
Acting for an individual accused of dishonest assistance by the administrators of Safe Hands Plans Ltd, a funeral savings plan provider which fell victim to a high value and high-profile fraud.
Acting for the liquidators of a high-end furniture company in a £3 million misfeasance and TUV claim against the former directors for the gratuitous transfer of real property assets.
Acting for the liquidators of a company in proceedings against the shareholder/directors who made use of EBT tax avoidance schemes.
Acting for a liquidator in a dispute with groups of creditors concerning the proposal to offer claims for assignment by an auction process.
Acting for a litigation funder who acquired a claim for breach of duty against a director who helped a fraudster dissipate the proceeds of a fraud relating to the purported sale of a ‘Banksy’ artwork.
Acting for a liquidator seeking to recover a multi-million pound intercompany debt disputed on the basis of a cross claim relating to defective cladding.
Acting for a director accused of misfeasance when a company entered liquidation following an abortive attempt to sell the company’s assets at an alleged undervalue.
Acting for an administrator who sought Court sanction for the sale, free of incumbrance, of numerous units bought ‘off plan’ by investors prior to the company’s insolvency.
Acting for liquidators seeking to recover a debt owed by a partnership which was dissolved in an apparent attempt to insulate the partners from their joint and several liability for the debt.
Acting for liquidators in a Berkeley Applegate application involving claims that property held in a warehouse and destroyed in a flood was held on trust for the benefit of a third party.
Acting for a company in an application for an injunction to restrain the presentation of a winding up petition on the basis of a dispute as to whether apparent authority to enter into a contract can be established.
Re First Class Legal (IS) Limited – Represented a major creditor in the liquidation of a litigation funding and ATE insurance company. Advising the liquidators of a company which ran children’s homes in relation to potential claims for breach of duty and preferences against the former directors.
Advising the liquidators of a company which ran children’s homes in relation to potential claims for breach of duty and preferences against the former directors.
Representing creditors in an application for an administration order against a company specialising in hydroponic technology.
Representing the liquidators of a holiday property letting company in relation to a high-value cross-border misfeasance and transaction at an undervalue claim against a group company and its former directors.
Representing the former directors of a flooring company accused of fraudulent and wrongful trading and misfeasance by the company’s liquidators.
Represented the administrative receiver of a company in relation to claims brought against the company (now in liquidation) for breaches of duty and alleging the existence of transactions defrauding creditors.
Phillip is a popular choice for a wide range of personal insolvency applications and regularly advises in relation to complex and difficult bankruptcies and IVAs.
Phillip writes articles on recent developments in insolvency law for the publication, Insolvency Intelligence. He has focused in particular on the issue of the suspension of discharge from bankruptcy and one of his articles was cited with approval by Mr Justice Nugee in the leading case of Hilsdon v Weir [2017] EWHC 983 (Ch).
Phillip is currently working on the latest update of the Personal Insolvency Chapter in the Encyclopaedia of Forms and Precedents.
Recent work:
Bramston v Harris – represented an individual opposing an application by a trustee in bankruptcy for a Mawer v Bland-type indefinite suspension of discharge.
Application for a petitioner opposing an interim order for the preparation of an IVA in respect of an individual with debts in excess of £30 million.
Representing a bankrupt in relation to an application for a Bankruptcy Restriction Order.
Representing a trustee in bankruptcy arguing that a deed of trust purporting to divest the bankruptcy estate of the bankrupt’s family home is a sham and/or forgery.
Represented a secured creditor opposing an application by a trustee challenging the validity of the security as a transaction at an undervalue.
Advising and representing an individual accused of acting as a director of various companies whilst an undischarged bankrupt.
Represented the partners who owned and operated a popular restaurant in Kent in relation to bankruptcy petitions brought against them.
Represented trustees in bankruptcy opposing applications for annulment brought by bankrupts.
Successfully represented a wealthy business executive facing a bankruptcy petition brought by HMRC after he relocated to Germany.
Representing the respondent to a high-value and complex bankruptcy petition involving significant alleged cross-claims.
Successfully set aside a statutory demand brought against a guarantor in respect of disputed refurbishment works.
Represented a trustee in relation to an application for possession and sale of a residential property and concurrent application for annulment.
A significant proportion of Phillip’s work involves a crossover of aspects of property and insolvency law. As a result, Phillip is well placed to handle and advise on technical aspects arising in both of these disciplines. Phillip often provides advice to office-holders and creditors in relation to property law matters arising in insolvencies.
Phillip regularly represents trustees in applications for possession and sale of properties vesting as part of the bankrupt’s estate and also has significant experience of opposing such applications.
Recent work:
Representing a trustee in bankruptcy arguing that a deed of trust purporting to divest the bankruptcy estate of the bankrupt’s family home is a sham and/or forgery.
Represented an individual property developer seeking to set aside a statutory demand served on him.
Represented a trustee opposing a series of applications to suspend a writ of possession in relation to residential property vesting in the trustee.
Represented a different trustee opposing an application to suspend a warrant of possession in relation to residential property vesting in the trustee.
Represented the partners who owned and operated a popular restaurant in Kent in relation to bankruptcy petitions brought against them.
Represented a tenant under a lease for a vesting order following the insolvency of the assignee of the lease.
As part of his broader corporate and personal insolvency work, Phillip has provided advice and representation in matters concerning allegations of professional negligence against insolvency professionals as well as professional disciplinary matters:
Recent work:
Advised a former director of a company dissolved after an administration who alleges that his advisors negligently failed to pursue the option of a CVA.
Acting for a licensed insolvency practitioner who lost his license following disciplinary action brought by his regulator following concerns about the operation of his bulk debt management business in an appeal.
Represented a financial adviser in a professional negligence claim against his former solicitors in relation to advice given about the contents of agreements under which he provided services through a registered entity.
Phillip’s practice maintains a significant international dimension, advising clients based overseas, working on disputes which cross borders and even working on matters in other jurisdictions. Phillip has acted for clients and in relation to claims concerning a number of foreign jurisdictions including the British Virgin Islands, Gibraltar, Kuwait and Trinidad and Tobago. He has appeared before the Judicial Committee of the Privy Council in relation to appeals originating from Trinidad and Tobago.
This work includes:
Representing the liquidators of a large Gibraltar-based insurance company in a high-value misfeasance claim against its former directors.
Acting for minority shareholders of a British Virgin Islands company bringing unfair prejudice proceedings arising out of a business based in The Bahamas.
Acting for a Kuwaiti individual in claims involving dishonoured cheques following disputes arising in a joint venture for projects in a variety of jurisdictions.
Acting for the Respondent to an interim charging order over shares following judgment in proceedings in the Cayman Islands.
Acting for an individual subject to an order for deposition in relation to a high-value IP dispute in Utah relating to the development of thermometer technology.
Mohammed v Public Service Commission [2017] UKPC 31 – Privy Council judgment concerning the constitutionality of the appointment and promotion of public servants in Trinidad & Tobago.
Levelle Long v Police Service Commission [2018] UKPC 32 – Privy Council judgment concerning the constitutionality of a decision to retire a police officer in the public interest rather than instigating disciplinary procedures against him.
Advising UK-based companies in relation to a dispute with US and German-based entities concerning mining rights in New Zealand.
CSR & pro bono
Phillip volunteers for the COIN Scheme assisting litigants-in-person in the companies winding up court. He has also undertaken a significant amount of pro-bono work on behalf of citizens bringing judicial review and constitutional claims in Trinidad and Tobago.
Directory recommendations
The Legal 500 recommends Phillip for Insolvency & Restructuring.
“Phil has superb attention to detail and his preparation and planning is always thorough and precise.” (The Legal 500, 2024)
“Phil can spot the issues early on and can think a few steps ahead.” (The Legal 500, 2023)
“Straight to the point, practical, efficient and easy to work with”. (The Legal 500, 2023)
Languages
French
Professional associations
COMBAR
ChBA
LCLCBA
R3
Publications
Editor, Encyclopaedia of Forms and Precedents 2024 updates for Corporate Insolvency and Personal Insolvency.
Consultant Editor, Halsbury’s Laws of England, Corporate Insolvency 2024 update.
Contributing editor for the Companies Insolvency chapter of Atkin’s Court Forms.
Qualifications
MA (Jurisprudence), Lady Margaret Hall, Oxford
LLM, University College London
Bar Vocational Course, College of Law
Insights
BHS directors liable for trading misfeasance in the sum of more than £110m (Wright and others v Chappell and others; Re BHS Group Limited)
12/09/2024
Forging documents in litigation constituted an unlawful means conspiracy (Takhar v Gracefield Developments Ltd and others)
21/08/2024
King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent
07/08/2024
Case Analysis: Lakatamia fails in latest unlawful means conspiracy claim (Lakatamia Shipping Company Ltd v Su and others)
26/07/2024
LexisNexis Corporate Rescue and Insolvency: Case Alerter – June 2024
17/07/2024
Electronic Money Institution is enriched in the event of an authorised push payment fraud for the purposes of an unjust enrichment claim (Terna Energy Trading doo v Revolut Ltd)
08/07/2024
Court of Appeal confirms claims excluded from the scope of a release clause (Bin Obaid and other companies v Al-Hezaimi and others)
02/07/2024
No duty of care owed by property management company to tenant for porterage services (Shamsan v 44-49 Lowndes Square Management Company Limited)
05/06/2024
Russian trustee partially succeeds in a strike out application (Kireeva (as trustee and bankruptcy manager of Bedzhamov) v Zolotova and Basel Properties Limited)
26/04/2024
Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others)
19/04/2024
Upcoming events
When is insolvent trading misfeasant but not wrongful? The Sequana duty after BHS
05/11/2024
Past events
Riyadh International Disputes Week
02/03/2024
Insolvency Brew: Court Control of Office-Holders
19/10/2023
Insolvency Brew: CIGA permanent measures – 3 year review
07/09/2023
Insolvency Brew: news, views and expectations for the year ahead
17/08/2023
Insolvency Brew: victory for tax avoidance?
23/06/2022
CDR #Brew: Restrictive covenants – restraint of trade or legitimate business protection?
31/03/2022
Insolvency #Brew: Explain that!
31/03/2022
Insolvency #Brew: A Christmas Carol
16/12/2021
#HardwickeBrew – Insolvency Roadmap
25/02/2021
#HardwickeBrew – Insolvency – Unpacking Pre-packs
22/10/2020
#HardwickeBrew – Insolvency – The Insolvency and Companies Court in Lockdown
30/07/2020
#HardwickeBrew – Insolvency – Post Corporate Insolvency and Governance Act – What now for creditors?
16/07/2020
#HardwickeBrew – Insolvency – Injunctions to restrain during the pandemic
18/06/2020
#HardwickeBrew – Insolvency – The creditor-minded approach
14/05/2020
Insolvent Estates
11/06/2019
Newsletters
Focus On… Professional Liability
19/09/2019
Videos
CDR #Brew: Restrictive covenants – restraint of trade or legitimate business protection?
01/04/2022
Insolvency #Brew: Back to the Winders Court? – Close, but no CIGA! Part 2
14/10/2021
Insolvency #Brew: Back to the Winders Court? – Close, but no CIGA!
30/09/2021
Insolvency #Brew: Where Now For Hybrid Claims?
16/09/2021
J2J Insolvency Half Day
25/02/2020
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