Mark Phillips KC KC > South Square > London, England > Barrister Profile

South Square
3-4 SOUTH SQUARE, GRAY'S INN
LONDON
WC1R 5HP
England

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020 7696 9900 [email protected]

Position

Mark Phillips KC is an experienced Silk. A KC(QC) for 25 years (at the Bar for 40). Legal500 said: ‘Vastly experienced, quite probably the most so in the insolvency and restructuring space. Pragmatic and no-nonsense barrister, comes to a clear view and gives advice rather than just pointing out risks.’ Mark has appeared in courts at every level and in several jurisdictions. He successfully represented liquidators in the Hong Kong Court of Appeal establishing that ‘Keepwell Deeds’, running into US$ billions, gave rise to provable debts against Chinese entities.

His clients have included the Governor of the Bank of England, UEFA and the Football League as well as liquidators, directors, sportsmen (including Patrick Vieira, Thierry Henry and Lewis Hamilton) and premier sports clubs. He was named as Chancery Silk of the Year by Legal 500 in 2023 and Company/Insolvency Silk of the Year by Chambers and Partners in 2018. This year he was Highly Commended, runner up in the Lawyer Barrister of the Year.

In his autobiography “Calling the shots” David Dein, formerly the Vice Chairman of Arsenal, says of Mark “We retained the brilliant Mark Phillips QC. He really does have two brains! (As already mentioned, he went on to play a significant part in the legalities when we formed the Premier League.)”

Mark operates at the highest level, winning complex cases in the highest courts. His first appearance in the Court of Appeal was at the start of his practice in 1986 in the ground-breaking case, West Mercia Safetywear v Dodd. Subsequently, he has led or has appeared in many cases in the House of Lords and Supreme Court including the Lehman’s Pensions appeal, Toshoku Finance, Paramount Airways, Leyland Daf, Sher v Policyholders Protection Board and Three Rivers District Council v the Governor and Company of the Bank of England.

Mark is especially well known for his tenacity in cross examination and resilience during long trials. He successfully defended the Bank of England in a two-year trial against the claim made arising out of its regulation of BCCI (which included the longest speech in English legal history) – the claim was dismissed with indemnity costs. He also defended the GT Liquidators in the Saad fraud trial that lasted for 129 days in Court over 12 months (the longest trial in Cayman history) – the claim against his clients was dismissed.

Mark also has a high-profile sports law practice. He was involved in the establishment of the Premier League for the “big 5 clubs”. He has appeared at several disciplinary and regulatory hearings. He prosecuted Manchester City on behalf of UEFA, and Sheffield Wednesday and Derby County on behalf of the Football League and has appeared for Lewis Hamilton in relation to several matters including the “Ferrari Gate” hearing. He has assisted with the future of football regulation and the EFL’s covid task force.

Career

Called 1984; QC 1999; appointed Recorder 2000.

Memberships

International Insolvency Institute; Insolvency Lawyers’ Association (Past President); Association of Business Recovery Professionals (Fellow and past Council Member); INSOL International; INSOL Europe; Commercial Bar Association; Chancery Bar Association.

Education

Bristol University (1982 LLB; 1983 LLM).

Lawyer Rankings

London Bar > Banking and finance (including consumer credit)

(Leading Silks)Ranked: Tier 4

Mark Phillips KC – South Square

London Bar > Sport

(Leading Silks)Ranked: Tier 2

Mark Phillips KC – South Square ‘Mark is absolutely fantastic. His dedication to a case is unmatched, his brilliance, his analytical skills and – above all – his cross-examination qualities. There is no one who can match Mark on these points.’

London Bar > Insolvency

(Leading Silks)Ranked: Tier 1

Mark Phillips KC – South Square ‘Mark is at the top of the list for court-based complex work. He is an exceptional advocate with a great instinct of how to present a case to the court. He works well with a good junior and his honing into the issues and mind for solutions are first rate. He knows what a court wants to hear about a case and, more importantly, what it doesn’t.’

Noted as being one of the ‘leading restructuring and insolvency sets,’ South Square barristers specialise in high-profile matters, with experience both in domestic and cross-border cases across a range of services including litigation, special administration and restructuring plans. Mark Phillips KC has appeared on numerous cross-border cases including Nuoxi Capital Lt v Peking University Founder Group, which saw him act for the liquidator of Nuoxi Capital and argued that the liabilities under the Keepwell deeds are contractual liabilities, giving rise to a right to prove in PUFG’s reorganisation. Felicity Toube KC appears regularly in restructuring and litigation cases in the Cayman Islands, BVI, Bermuda and ADGM, and Georgina Peters acts on high value schemes of arrangement and restructuring plans. Charlotte Cooke is noted for her cross-border practice, with expertise of financial services issues arising in insolvencies. Adam Al Attar KC was appointed silk earlier in 2024, while Joseph Curl KC and Rory Brown joined the set from 9 Stone Buildings, prior to that set’s collapse.

Mark Phillips KC KC > South Square > London, England > Barrister Profile

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