Adam specialises in insolvency and restructuring. He has had substantial experience of bank and fund insolvencies, acting in relation to the insolvencies of Lehman Brothers, MF Global and Madoff feeder funds. Contested restructurings on which Adam has acted include IMO Car Wash, The Co-Operative Bank, Apcoa Holdings and LDK Solar. Adam also has a substantial banking and financial services practice. He has acted on a number of inter-bank misrepresentation cases including in relation to securitisations, syndicated loans and derivatives. He regularly advises in relation to regulatory matters including in relation to the treatment of client money.
South Square
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Aidan specialises in international arbitration and litigation involving civil fraud, chancery commercial and insolvency, offshore and Privy Council work, and general commercial dispute resolution. He also practises in banking and financial disputes, and has significant experience in sports law (particularly football). Most of his work is cross-border in nature.
He has significant experience in disputes involving Russia/the CIS, The UAE, Mauritius, Cyprus, Sweden, The BVI, Malta, Switzerland, Bermuda, and the Bahamas. He has been called (pro hac) to the Bars of Bermuda and the Bahamas.
The Legal 500 describes him as “an all-round excellent barrister, a first choice on almost every fraud case” and “extremely thorough and diligent and able to get to grips with extremely complex matters very quickly”. Aidan is rated by The Legal 500 and Chambers and Partners as a leading silk in: Commercial Dispute Resolution, Offshore, and Civil Fraud.
Andrew’s main areas of practice are insolvency/restructuring, commercial litigation, banking disputes, company law and civil fraud.
Much of Andrew’s work has an international component and he has been instructed in a number of complicated commercial disputes that have occurred within the context of a cross-border insolvency. High profile cases in which he has been instructed in recent years include LBI v Rabobank International, AHAB v Saad Investments Company Ltd and Robert Tchenguiz v Grant Thornton LLP.
Andrew has significant experience of commercial litigation, applications under the Insolvency Act 1986 and applications under the Companies Act 2006. He regularly appears in both the High Court and the County Court as sole counsel.
Andrew is a co-author of Corporate Administrations and Rescue Procedures and has been selected as a contributor to the forthcoming edition of Rowlatt on Principal and Surety. He has also contributed to Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings.
Before qualifying as a barrister, Andrew served as a Royal Marines officer for ten years, leaving as a major.
Barry specialises in insolvency and restructuring, banking and finance, commercial litigation and arbitration, and company law. He is an Associate of the Society of Actuaries and has particular expertise in cases of financial complexity. He often appears as an advocate or expert in overseas jurisdictions. Barry has appeared in numerous substantial and high-profile cases in the Supreme Court/House of Lords (eg Lehman Brothers (Waterfall), Nortel (Expenses), Rubin/New Cap Reinsurance, Sigma Finance, Mainstream Properties, Three Rivers v Bank of England), in the Court of Appeal (eg Prudential/Rothesay (Pt VII transfer), Rosesilver v Paton, Woolworths, Davenham Trust, FKI v Stribog, Golden Key, Whistlejacket Capital, OT Computers), and at first instance, including several major trials and arbitrations. Other recent cases of note include Provident Financial, Greensill Capital, Premier Oil, Castle Trust, VB Football Assets v Blackpool Football Club, HSBC (ring-fencing scheme), Noble Group, Carillion, International Bank of Azerbaijan, Ve Interactive, Orion Insurance, Stemcor, APCOA Parking, MF Global, Punch Taverns, Travelodge, BTA Bank v Ablyazov, and AWAL Bank. Recent cases in overseas jurisdictions include (in the Cayman Islands) ikang, Qunar, Abraaj, Nord Anglia, Medimpact, Platinum Partners, China Branding, Weavering, Eurasia Drilling, Homeinns Hotel Group, Pacific Harbor Asia Fund, CHC Group, Primeo Fund, FFC Fund, China Fishery, Sterling Macro Fund, Caledonian Bank; (in Bermuda) Georges Bay, Lehman Re, Saab Financial, Millennium Asset Management, KIC; (in the British Virgin Islands) Kaupthing, Monarch Pointe Fund, Thema Fund; (in the Bahamas) British American Insurance; (in Hong Kong) Noble Group, Mongolian Mining; (in the DIFC) Abraaj; and (as an expert in proceedings in New York) Lehman Brothers, Hellas Telecommunications , Mill Financial v Hicks, and Deutsche Bank v Serengeti.
Charlotte specialises in domestic and cross-border insolvency and restructuring, banking and financial services, commercial litigation and company law.
She has appeared in high profile cases at all levels, including three times as a junior in the Supreme Court and a number of times both as a junior and as sole counsel in the Court of Appeal.
She also has significant experience of a wide range of applications under the Insolvency Act and Rules, regularly appearing Court in respect of such applications, as well as undertaking advisory and drafting work.
In the restructuring context, Charlotte has advised in relation to proposals for, and challenges to, IVAs and CVAs and has appeared in hearings to convene/sanction a number of schemes of arrangement and restructuring plans, including DeepOcean, the first restructuring plan to use the new cross-class cram down mechanism.
Charlotte is on the Attorney General’s A Panel of Counsel and regularly acts for HMRC and the Secretary of State for Business and Trade, particularly in relation to directors’ disqualification claims.
Charlotte is recommended for restructuring and insolvency in Chambers & Partners where she is “singled out as a junior who is well equipped to handle sophisticated cases” and described as “friendly, helpful” and “extremely impressive”. She is also recommended for insolvency in Legal 500 where it is said she “knows her insolvency law inside out and is a great team player, very happy to do the heavy lifting on a case.” Who’s Who Legal has described Charlotte as “a rising star”.
In 2023 Charlotte was shortlisted for Legal 500’s Chancery Junior of the Year. She has also been shortlisted for Chambers & Partners’ Company/Insolvency Junior of the Year 2024.
Clara specialises in domestic and cross-border Restructuring and Insolvency, Civil Fraud and Company law and has been recommended as a leading junior in Restructuring and Insolvency, and Offshore for a number of years.
Clara is frequently instructed to act for companies, office holders, directors, creditors and individual debtors in all aspects of corporate and personal insolvency and restructuring. She has been instructed in respect of numerous high profile cases including McDermott, Hong Kong Airlines, Empire Cinemas, Babylon, Mothercare, BHS, the Bell Group, Marme Inversiones and BetIndex.
She has particular experience of provisional liquidations, and of cases where urgent injunctive relief is required, most often, freezing or asset preservation orders, freezing orders against third parties under the Chabra jurisdiction, search orders, orders for disclosure in relation to the whereabouts of assets or the tracing of funds under section 236 of the Insolvency Act and the Bankers Trust jurisdiction. Clara is frequently instructed on cases which have cross-border elements and acts for foreign office holders in respect of offshore insolvencies.
Clara’s civil fraud practice has particular emphasis on multijurisdictional claims in a range of civil and commercial contexts. Clara also regularly acts in shareholder and company law disputes, including claims against directors, unfair prejudice petitions, winding up petitions and derivative claims.
She is commended in the legal directories for “having total command of her subject area, including all of its darker recesses. She uses that knowledge to produce excellent strategic insight” as well as being “excellent on her feet” and “well-liked by clients”.
Daniel specialises in business and finance law, with a strong emphasis on insolvency and restructuring, banking law and general commercial litigation. His practice is based in London but he is a member of the BVI Bar and also conducts cases elsewhere, including the Cayman Islands and Bermuda.
Since 15 September 2008, Daniel has been advising the administrators of the key UK Lehman Brothers companies, appearing for the administrators of LBIE in almost of all of the major Lehman proceedings. Daniel has a particular specialism in schemes of arrangement and has appeared in many of the key cases in recent years (including Lecta, NN2 Newco, Lehman Brothers, Ocean Rig, DTEK, Hibu, Apcoa, Magyar and Zlomrex). He has also been heavily involved in other high-profile cases including: Discovery v Debenhams, Fraser Turner v PWC, LBIE v Exotix, Winterbrook v NB Finance, International Bank of Azerbaijan, MF Global, LBF v Sal Oppenheim, Game Group, Rangers FC, Portsmouth FC, Woolworths, HMV, Stanford International Bank, Kaupthing, Sigma, Hellas, XL Airways, Eurosail, Cheyne Finance, Belmont, MG Rover, TXU, T&N, Enron and Cenargo.
Beyond South Square’s core practice areas, Daniel also specialises in sports law. His clients include the FA Premier League and the Football League and he has appeared for a large number of well-known footballers and boxers.
David specialises in business, commercial and financial law, with a particular emphasis on corporate restructuring (both domestic and cross-border), sovereign debt restructuring, banking and financial services, structured finance, commercial litigation and company matters. He has an extensive overseas practice which includes Cayman, BVI, Dubai, Jersey and Guernsey. He has acted as an expert witness in proceedings in a number of overseas jurisdictions.
Recent cases include Lehman Waterfall, Carillion, Metinvest, Monarch, Noble, House of Fraser, BHS, Agrokor, KWM, Codere, Abengoa, Russian Standard Bank, APCOA, ATU, Airwave, Stemcor, MF Global, Nortel, Bank of Ireland, European Directories, Stanford International Bank, Madoff, Landsbanki, Glitnir, Kaupthing, Dewey & LeBoeuf, Deutsche Annington, PrimaCom, Nef Telecom, Biffa, Fitness First, NCP, Monier, Tele Columbus and Cattles.
He has a predominantly litigation-based practice with a particular emphasis on company, commercial, banking, insolvency and restructuring, civil fraud and contentious trust work. He has appeared regularly in courts in England, including the Court of Appeal, the Supreme Court and the Privy Council. David has also acted extensively in relation to international cases including in the Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Jamaica, Jersey and Gibraltar.
Over the course of the more than 30 years that David has been at the Bar (11 of which have been in silk) David has been instructed in relation to many of the major insolvencies that have taken place since the late 1980s, including BCCI, Maxwell, Parmalat, TXU, Madoff, Enron, Lehman, MF Global and Landsbanki.
A specialist and highly recommended trial lawyer David has appeared in many major, lengthy trials including in relation to the Maxwell saga, the KWELM litigation, New Gadget Shop and the Thyssen litigation in Bermuda. More recent significant trials include Smithson v Naggar (breach of duty/misrepresentation claim), LBI hf v Stanford (claim for repayment of £20 million), International Consolidated Minerals Limited, Moses v Fry (breach of duty claim against former administrators), Marrache & Co v Jyske Bank (dishonest assistance/knowing receipt claim in Gibraltar) and Ma v Wong (unfair prejudice claim in BVI).
Edoardo joined South Square as a tenant in 2016. He specialises in domestic and cross-border insolvency/restructuring, commercial litigation, offshore work, banking and financial services and company law.
Edoardo has acted in relation to a number of recent high-profile insolvencies and restructurings. He was instructed to advise the administrators of House of Fraser (with Adam Al Attar), and on applications relating to the Carillion Group. He is currently instructed by Lehman Brothers Holdings Inc. in one of the Waterfall applications. He recently advised on a CVA relating to the Gaucho Group (with Adam Al Attar), which led to its successful exit from administration.
Edoardo regularly appears as sole counsel in the High Court and in the County Court on a variety of matters. Significant cases he has acted in as sole counsel include Re A & M Access Ltd [2017] EWHC 2756 (Ch) on s. 236 of the Insolvency Act, and Boulton v Queen Margaret’s School, York Ltd [2018] 10 WLUK 490, a successful appeal relating to the unreasonable refusal of offers to pay under s. 271(3) of the Insolvency Act. He regularly appears in applications for strike-out/summary judgment and on injunctions.
Edoardo has a developing offshore practice. He has been led in a number of significant cases in the Cayman Islands including Herald Fund SPC (in Official Liquidation) on the entitlement to statutory interest (led by Tom Smith QC), Re ACL Asean Tower Holdco Limited (led by Tom Smith QC), and in ongoing s. 238 fair value proceedings in Re Nord Anglia Education Inc. He is also instructed in relation to an ongoing judicial review claim in Anguilla (led by Martin Pascoe QC).
Edoardo graduated from Oxford University with a Congratulatory First Class degree in Classics, obtaining the second highest mark in his year.
Felicity Toube QC specialises in domestic and cross-border insolvency and restructuring, banking and financial services, commercial litigation, civil fraud, and company law. Felicity is regularly instructed in cases in the Cayman Islands and the BVI. She acts as an expert (in the laws of England and other common law jurisdictions) in international proceedings (including in the USA).
Felicity has acted on all the recent major corporate insolvencies, including: Gategroup, Jain Group, NMC, Pizza Express, Smile Telecoms, Codere, Swissport, Carluccios, Debenhams, Matalan, Saad, Madoff, Peak Hotels, Lehman, Stanford, Nortel, and MF Global. She also acted for the successful supporting creditor in the Gertner appeal.
She is a mediator (ADR Group), an arbitrator (CiArb), and Co-Chair of the INSOL Mediation Colloquium.
Felicity’s publications include: Moss, Fletcher & Isaacs on the EU Regulation, Toube on "International Asset Tracing in Insolvency" (OUP), Halsbury’s Laws on Corporate Insolvency. Felicity is Chair of the Editorial Board of Insolvency Intelligence, a Board member of III, and Chair of the Appeal Panel for ICAS.
She also teaches on the BCL course at Oxford University and is currently undertaking a part-time DPhil in Law at Oxford University, focussing on issues of cross-border insolvency.
Fidelis practices at the English and Nigerian Bars in a broad range of areas. In England, he specialises in chancery and commercial work, with emphasis on insolvency and restructuring work. He has acted and/or advised on virtually all major corporate insolvencies in the UK in the last two decades. In Nigeria, his practice encompasses energy, projects, corporate and general commercial law. He has advised and acted for the Federal Government of Nigeria in a number of the most significant energy and power matters, and for many large and medium sized companies. He has extensive commercial arbitration practice as counsel and also sits frequently as an arbitrator in a broad range of commercial disputes.
Georgina’s practice focuses on commercial litigation (with a strong emphasis on banking and finance disputes), insolvency/restructuring and company law. She is described in the directories as “exceptionally clever”, “excellent”, “very confident”, “receives extensive praise” and “is very good with the clients”.
In the banking context, she is experienced in complex and high-value disputes concerning, in particular, ISDA-governed derivatives, as well as CMBS securitisation transactions and corporate bond issuances. Her current or recent clients include: UBS, Deutsche Bank, Citibank, LBI hf, Goldman Sachs and an Arena Investors LP affiliate.
Georgina has also appeared in significant litigation arising out of a number of major bank and financial services company collapses, giving rise to previously untested conflict of laws issues. These include the Supreme Court proceedings in Heritable Bank v Landsbanki and the Commercial Court dispute in LBI v Rabobank International, in relation to a debt of some €70m.
In the restructuring context, Georgina has appeared in hearings to convene/sanction a number of high-value schemes of arrangement concerning foreign companies and the Judgments Regulation (which include: Deutsche Annington, a rescheduling of some €4bn of debt; PHS Group plc, a rescheduling of over £940m of debt; European Safety Vehicle Spain 1, a rescheduling of over €350m of debt; EnQuest plc, a rescheduling of over $700 million of debt).
In 2011, Georgina was seconded to the Financial Institutions Disputes Group of Freshfields Bruckhaus Deringer LLP for six months.
Georgina is a fluent French speaker, capable of functioning in a legal environment. She has been instructed in several cases requiring legal French comprehension. From 2004 to 2006, Georgina worked at the European Court of Justice, drafting complex legal documents in French, and at the leading French law firm JeantetAssociés.
Glen is a senior silk with nearly thirty years’ experience of specialising in domestic and cross-border insolvency and restructuring, and of acting in commercial disputes complicated by insolvency. His contentious and advisory commercial practice has extend to banking and financial services, payment services and e-money, insurance, shipping, company and partnership disputes, civil fraud and professional negligence.
Since taking silk in 2011, Glen has been involved in significant restructurings and insolvencies (including Greensill Capital), a number of investment bank special administrations (including MF Global, Worldspreads, Strand Capital, WealthTek), two significant Gibraltar insurance liquidations (Lemma Europe Insurance, Hill Insurance), cases arising from shipping collapses in Europe and the Far East (including Korea Lines Corporation and Sanko), major restructurings including Bulgaria Telecom, cases arising from the Irish financial collapse, substantial claims against directors, and law firm insolvencies.
Glen has acted for the financial services regulators of the UK and of a number of offshore jurisdictions, and is appointed to act as a Senior Decision Maker for the Guernsey Financial Services Commission. He served for 10 years as a member of the Insolvency Rules Committee in the UK, and has also advised the Government of Gibraltar and a number of domestic and foreign Government-related organisations about insolvency, company and regulatory law reform and implementation. He takes a particular interest in Africa and for many years chaired the Africa Committee of the Commercial Bar Association.
Hannah is an experienced advocate and litigator. She appears regularly in the High Court and advises on domestic and international cases which are often of a complex or urgent nature. Hannah has also appeared as a junior in the Court of Appeal, the Privy Council and the House of Lords. After her studies of company and commercial law at Cambridge University and her study of corporate insolvency law at Oxford University, Hannah has built up a wealth of expertise in disputes relating to companies and insolvencies, as well as cases which include general commercial, contractual and corporate issues during her years of practice at the Bar. Hannah has advised, represented or appeared in Court for numerous UK, international and high-profile banks, companies and private individuals. Hannah has acted for or against directors, shareholders, trustees, creditors, debtors, landlords, insolvency practitioners, accountants, solicitors, barristers, insurers, politicians and celebrities. She has acted for and against the Secretary of State and HMRC on a number of occasions, including having appeared for HMRC in the winders Court with between 100 to 200 petitions per morning. Clients Hannah is able to mention include: the administrators of Lehman Brothers; KPMG; Alixpartners; Lloyds TSB; HSBC; Natwest; Bank of Ireland; Standard Chartered Bank; Abbey National; Anglo-Irish Bank; Volksbank; Commerzbank; Agricultural Development Bank of Trinidad & Tobago; Funding Circle; the Company that previously owned Manchester City Football Club; Boris Becker; Johnston Press Group; British Airways Pension Trustees; Landlords in Games Station; Landlords in Woolworths; Suppliers of Monarch; Suppliers of House of Fraser; BHS; Phones 4u; Connaught; Barratts; Birthdays; Toys R Us; Oracle; Courts; Premier International Foods; Thomson Directories; the proposed administrators of the Dial-A-Cab credit union; Dawnay Day; East London Bus Group; London Mining plc; Oilexco; Assetco Group; Lemma Insurance; Independent Insurance; UIC Insurance; Brit Insurance; the National House Building Council. Hannah has a particular interest and extensive experience of shareholder disputes and the duties of directors in general and specifically in relation to insolvency and fraud situations. Hannah was appointed to the Attorney General’s Panel of Junior Counsel to the Crown (C Panel) from 2 March 2015 for five years. Competition is fierce and only candidates of the highest quality are appointed. In May 2016, Hannah was appointed as a specialist legal adviser to the Work and Pensions and Business Innovation and Skills House of Commons Select Committees in relation to the BHS inquiry. In January 2018, Hannah was again appointed as a specialist legal adviser to the Work and Pensions and Business House of Commons Select Committees in relation to the Carillion Inquiry.
Henry specialises in domestic and cross-border insolvency/restructuring, banking and financial services, commercial litigation, company law and offshore work.
As well as appearing on a wide range of applications under the Insolvency Act and Rules at all levels, Henry has significant restructuring experience. He regularly advises in relation to IVAs and CVAs and has appeared in many high-profile hearings to convene and sanction complex schemes of arrangement.
Outside of an insolvency context, Henry has substantial experience in financial and commercial work. He frequently advises on securitisations and has particular expertise in the ISDA Master Agreement (1992 and 2002 forms), having appeared in a number of trials concerning its terms. Henry is used to working with large counsel and solicitor teams and has experience in working on multi-week fraud trials.
Hilary Stonefrost is a barrister at South Square. She spent a decade as an economist at the Bank of England before being called to the Bar of England and Wales. She specialises in domestic and cross-border insolvency, restructuring and company law. Hilary has been instructed in a number of major insolvencies, including: Olympia & York, BCCI, Barings, Railtrack, Hellas and Lehman. She has also been instructed in numerous scheme of arrangement cases, including three heavily contested schemes: Sovereign Marine & General Insurance Co; British Aviation Insurance Co; and, MyTravel Group. More recently she also contested the schemes promoted by Lehman Brothers International (Europe) (in administration) and Stronghold Insurance Co Ltd. Hilary also has a niche expertise in insolvencies involving football clubs. She has been instructed in the relation to numerous football clubs, including: Leeds United; Portsmouth; Huddersfield Town; Bournemouth; Coventry; Cardiff City; Crystal Palace; Plymouth Argylle; Luton Town; Rotherham; Notts County and Bolton Wanderers – she was voted Bolton Wanderers Player of the Month in March 2016 by Bolton Wanderers fans. Since 2013, Hilary has been and is instructed in a number of offshore matters. Trials in which she has been instructed include Acorn International Inc and Torchlight in Grand Cayman.
Jeremy undertakes a wide range of commercial litigation and advisory work. He has extensive experience in a broad variety of banking and finance areas (including derivatives and securitisations), restructuring and insolvency and company law. He has appeared in many of the leading cases in those fields including Lomas v Firth Rixson, Standard Chartered Bank v Ceylon Petroleum Corporation and Re Stanford International Bank.
Jeremy regularly appears in the UK courts at all levels, appearing (for example) in the Supreme Court in Eurosail, the Court of Appeal in Graiseley Properties v Barclays Bank, the Financial List of the Chancery Division in Hayfin v. Windermere VII and the Commercial Court in Tchenguiz v. Grant Thornton. He has particular experience in capital market disputes.
Jeremy also has considerable experience of litigating and advising in offshore jurisdictions, particularly in Grand Cayman and the British Virgin Islands. For example, he recently appeared in the Cayman Islands Court of Appeal in Conway v. Skandinaviska Enskilda Banken, a case arising out of the collapse of a fund. He has extensive experience of petitions under s 238 of the Companies Law, including leading for the dissenters at two trials in the Grand Court in 2018.
Jon is a commercial chancery practitioner, who specialises in insolvency and company matters.
His recent cases include:
Mitchell v Al Jaber [2023] EWHC 1239 (Ch) – liquidation, breach of fiduciary duty, compound interest;
Re Lloyds British Testing Ltd (in liquidation) [2023] EWHC 567 (Ch) - liquidation, breach of fiduciary duty, pension drawdown;
Re Fastfit Station Ltd (in liquidation) [2023] EWHC 496 (Ch) – liquidation, breach of fiduciary duty, transactions at anundervalue, preferences;
Allen v Bulatovic [2023] EWHC 612 (Ch) – bankruptcy, transactions at an undervalue, proprietary injunction, freezing injunction;
Chopra v Katrin Properties Ltd [2022] EWHC 2728 (Ch) – bankruptcy, statutory demands;
Brake & Ors v The Chedington Court Estate Ltd [2022] EWCA Civ 1302 – unlawful eviction; trustees in bankruptcy;
Little Miracles Ltd v Oliver & Ors [2022] EWHC 2553 (Ch) – bankruptcy, provable debts;
Al Nasser and Al Masri Trading Co WLL LLC v Munir [2022] EWHC 1174 (QB) – enforcement of foreign judgments;
Financial Conduct Authority v Ferreira [2022] EWCA Civ 397 – statutory interpretation of FSMA 2000;
Parker v Financial Conduct Authority [2021] EWCA Crim 956 – constructive trusts, criminal confiscation regime;
Legacy Education Alliance v Progression [2019] EWHC 3498 (Ch) – administration, company voluntary arrangements;
Azuonye v Kent [2019] EWCA Civ 1289, [2018] EWHC 2766 (Ch) – bankruptcy, income payments orders, provable debts;
Itxen Ltd v Canning [2019] EWHC 3546 (Ch) – administration, winding-up petitions;
Jon previously worked for the Boston Consulting Group and the Financial Conduct Authority. He subsequently re-trained as a barrister and was awarded Lincoln’s Inn 2015 “Student of the Year” for achieving the highest mark in the BPTC.
Joseph Curl KC specialises in insolvency litigation. He was appointed Queen’s Counsel in 2021.
He is currently ranked as a leading silk in both the major legal directories. Chambers and Partners 2024 describes him as follows:
“He has forensic attention to detail and extensive expertise, combined with a highly persuasive and compelling advocacy style.”
“He is extremely user-friendly, down to earth, practical and accessible.”
“His advice covers all legal bases but also takes into account commercial realities.”
“He is exceptionally bright and a clear and convincing advocate.”
Legal 500 2024 says:
“Tenacious and courteous advocacy style, really fights his clients’ corner, deep expertise and specialist knowledge of insolvency law.”
Immediately prior to taking silk, he was ranked Band 1 as a junior for Restructuring and Insolvency by Chambers and Partners 2021. He was Company/Insolvency Junior of the Year at the Chambers UK Bar Awards 2019.
Joseph’s recent work includes successfully leading for the joint liquidators of the BHS Group in a five-week trial before Leech J in proceedings brought against a number of former directors: Re BHS Group Limited (in liquidation); Wright v Chappell [2024] EWHC 1417 (Ch). The award in this case is reputed to be the largest ever entered for wrongful trading under s.214 of the Insolvency Act 1986.
Other recent highlights include two appeals on standing to challenge an office-holder’s conduct, which are now the leading authorities on this question in corporate and personal insolvency respectively: in the Court of Appeal in Re Edengate Homes (Butley Hall) Ltd; Lock v Stanley [2022] EWCA Civ 626, [2022] 2 BCLC 1; and in the Supreme Court in Brake v Chedington Court Estate Ltd [2023] UKSC 29, [2023] 1 WLR 3035, [2023] 4 All ER 1021.
Joseph is one of the General Editors (with Louis Doyle KC and Professor Andrew Keay) of Doyle, Keay and Curl: Annotated Insolvency Legislation 2024 (12th edition). He is also the co-author (with Professor Andrew Keay and Professor Peter Walton) of Corporate Governance and Insolvency: Accountability and Transparency, published in 2022.
He was appointed a Deputy Insolvency and Companies Court Judge in 2020.
Between 2001 and 2007, Joseph worked in the restructuring department of DLA Piper UK LLP.
Kira has a commercial chancery practice with an emphasis on civil fraud, insolvency, company and commercial litigation. In addition, Kira has over ten years’ experience of both onshore and offshore contentious trusts matters which she combines with her commercial chancery expertise.
Kira is an experienced advocate who frequently appears in the High Court and has experience of both trial and appellate advocacy. Kira has appeared in all levels of court including the Supreme Court (with a leader).
Kira is particularly experienced in applications for pre-emptive and interim relief and both as a sole advocate and led has successfully obtained and responded to high value freezing orders both within the jurisdiction and offshore.
Kira also has significant experience of a wide range of applications under the Insolvency Act and Rules, regularly appearing in the High Court in respect of such applications.
Kira also has substantial offshore experience having been called to Bar of the Eastern Caribbean Supreme Court (BVI) and the Gibraltar Bar (on an ad-hoc basis) and has been instructed on cases in the Cayman Islands, Dubai, Gibraltar, Guernsey, Jersey and the BVI.
Prior to coming to the Bar, Kira trained and qualified as a solicitor at Baker & McKenzie LLP, where she gained experience in contentious trusts, international fraud and general commercial litigation. Kira subsequently worked for Forbes Hare in the British Virgin Islands where she specialised in insolvency, civil fraud and distressed investment fund litigation. Her experience included being instructed on the restitutionary claims brought by the liquidators of Fairfield Sentry Limited, the largest of the feeder funds into Bernard L. Madoff Investment Securities LLC.
Lloyd specialises in all aspects of domestic and cross-border insolvency and restructuring, banking, financial services and professional negligence. He advises on and appears in cross-border litigation and is currently instructed on cases in the British Virgin Islands, Channel Islands and the Isle of Man. In recent years, Lloyd has appeared in several high-profile matters, including Lictor Anstalt v Mir Steel (immunities of office-holders) and Re Digital Satellite Warranty Cover (Supreme Court decision on regulation of insurance business).
Madeleine’s practice includes all forms of domestic and cross-border insolvency, commercial litigation, banking and financial services work and company law. In addition to undertaking drafting and advisory work in all of chambers’ core areas, Madeleine frequently appears unled in the High Court and County Court. She has experience of a broad range of applications relating to bankruptcies, insolvencies, administrations and individual and company voluntary arrangements. She has also advised on insolvency law questions arising in other common law jurisdictions, including the Dubai International Financial Centre, Jersey and the BVI. Around half of Madeleine’s practice is commercial work without an insolvency element. She regularly appears in summary judgment and strike out applications and has experience of other applications under the Civil Procedure Rules and the Companies Act 2006. During her first year of practice, Madeleine undertook a three-month secondment to the Financial Markets Dispute Group at Dentons UKMEA LLP, in London. Through this and through her other work in practice she has obtained familiarity with various issues arising within the financial services sector. Prior to joining Chambers, Madeleine obtained a double first class degree in Classics from Cambridge University and a doctorate in Classics from Princeton University. She was the recipient of Gray’s Inn’s two most prestigious scholarships for the Graduate Diploma in Law and Bar Professional Training Course, the David Karmel Award and the Bedingfield Scholarship.
Marcus specialises in domestic and cross-border insolvency/restructuring, banking and financial services, commercial litigation and company law.
In recent years, Marcus has appeared in many high profile cases including Ahmad Hamad Algosaibi & Brothers v Saad Investment Company Ltd and Others (see below), Heis v Financial Services Compensation Scheme Ltd (CA) (construction of a company voluntary arrangement relating to MF Global UK Limited), Citibank NA v Oceanwood Opportunities Master Fund (conflict of laws, construction of intercreditor agreement), Re Olympic Airlines SA (SC) (secondary insolvency proceedings in respect of former Greek national airline), Brazzill v Willoughby(CA) (status of monies deposited in an account with the Bank of England by Kaupthing Singer & Friedlander) and HHY Luxembourg SARL v Barclays Bank (CA) (construction of an inter-creditor agreement).
Marcus also has very significant offshore legal experience. Most recently in this regard, Marcus has been engaged in the trial and subsequent appeal of Ahmad Hamad Algosaibi and Brothers Company’s US$9bn claim in the Cayman Islands against various companies which previously formed part of the Saad Group. The trial was the largest which had ever taken place in the history of the Cayman Islands and one of the largest fraud claims ever litigated.
Marcus is recommended in the most recent edition of the Chambers & Partners UK Bar Guide for restructuring/insolvency and offshore, where he is described as “very pleasant, hard-working and has a nice manner in front of the court” and “very astute, responsive and pragmatic.” In previous editions of the Guide he has been described as “an incredibly dependable and hard-working junior”, “pragmatic, exceptionally user-friendly and a compelling advocate“, “exceptionally bright, has great opinions and brings real value to a case” and “a strikingly pleasant person to deal with, but no less effective for being so”.
Marcus was appointed to the Attorney General’s London B Panel in September 2020.
Mark Phillips KC is an experienced Silk. A KC(QC) for 25 years (at the Bar for 40). Legal500 said: ‘Vastly experienced, quite probably the most so in the insolvency and restructuring space. Pragmatic and no-nonsense barrister, comes to a clear view and gives advice rather than just pointing out risks.’ Mark has appeared in courts at every level and in several jurisdictions. He successfully represented liquidators in the Hong Kong Court of Appeal establishing that ‘Keepwell Deeds’, running into US$ 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.
Mark specialises in domestic and cross-border restructuring and insolvency, banking and finance, commercial law and company law.
In recent years, Mark has appeared or advised in major restructurings and insolvencies and other substantial matters in various sectors, including energy (TXU), oil and gas (Paragon Offshore, Prospector and others), banking and financial services (MF Global, ARM Asset backed Securities, SAAD, Lehman, Kaupthing and others), pensions (Lehman: Storm Funding and Dana), retail (Stripes, Card Protection Plan, Woolworths), shipping (Northsea Base Investments Group and others, principally Chinese and Korean shipbuilders), telecommunications (Phones4U, Hellas Telecommunications, Dolphin and others).
Mark is a contributor to Company Directors: Duties, Liabilities and Remedies (Mortimore, OUP, 3rd edition 2017: chapters on directors’ duties) and Cross-Border Insolvency Fourth Edition (Sheldon, Bloomsbury, 2015: chapter on the EU Insolvency Regulation). He was co-author (with Peter Arden QC) of the joint response of the Chancery Bar Association and the Bar Council to the EU consultation on the amendment of the Insolvency Regulation 1346/2000, leading to the recast Insolvency Regulation 2015/848.
Matthew’s practice includes insolvency and restructuring, commercial litigation/arbitration, banking and financial services and company law. He has an interest in international work and in particular work from Asia, the Middle East and the Caribbean. Since joining Chambers, Matthew has been involved in a number of high-profile insolvencies and restructurings dealing with issues covering chambers’ main practice areas listed below. For example he has been involved in Lehman Brothers, Four Seasons Health Care, Carillion, House of Fraser, Phones4U, Flybe, Toys “R” Us, Cambridge Analytica, Steinhoff and the Arcadia Group. Matthew has also been involved in high profile personal insolvencies cases such as Boris Becker and Vijay Mallya. Matthew spent 6 months of his third year in practice in Singapore at Clifford Chance Asia. Whilst there he worked closely with the Litigation and Dispute Resolution department focussing on cross-border insolvencies and commercial arbitrations arising out of Asia and the Middle East. On his return to Chambers Matthew has continued to develop his practice in these areas including work arising out of India.
Oliver is an experienced commercial barrister who specialises in insolvency, civil fraud and asset recovery, and cases relating to companies, joint ventures and trusts. He is recommended for Insolvency in The Legal 500.
Oliver has particular expertise in cases involving allegations of wrongdoing and dishonesty by directors, trustees and other fiduciaries as well as high value, international shareholder disputes.
Oliver is a formidable advocate who appears regularly in the High Court and the Court of Appeal, both on his own account and as part of large legal teams. He has recently appeared as a junior in two complex commercial appeals in the Court of Appeal: LA Micro [2023] EWCA Civ 214 and Floreat [2023] EWCA Civ 440. He prides himself on providing clear, practical and commercial advice.
Oliver was appointed as a member of the Insolvency Rules Committee in October 2022 and has recently been involved in reviewing new special administration rules for the nuclear sector.
Phil enjoys a broad practice which encompasses all areas of practice at South Square, with particular specialisms in domestic and cross-border insolvency, chancery and commercial litigation. He is ranked by Legal 500 as a ‘rising star’ – Tier 1 in insolvency and frequently appears unled in the High Court.
Phil has significant advocacy experience, having in his early years of practice appeared in a range of interlocutory applications and multi-day trials as sole counsel. A selection of his recent instructions includes acting for the joint administrators in Re Hartley Pensions and obtaining recognition of significant bankruptcy and corporate insolvency proceedings in Abu Dhabi in Re Almuhairi and Ors.
Before coming to the Bar, Phil graduated with a First Class degree in History from Oxford University (where he placed top of his year in Preliminary Examinations). He then worked in private equity and consultancy in the City, initially working in financial services where he was involved in the largest restructure of a UK bank since the financial crisis, before then spending two years in mergers and acquisitions.
Prior to pupillage, Phil was awarded Middle Temple’s top scholarship for his legal training, and won the Rosamund Smith Moot Competition.
Richard has a mixed litigation/advisory business law practice, with a specialisation in a range of areas of commercial dispute resolution. The areas covered include shareholder disputes, fraud and asset tracing, conflicts of law and jurisdictional disputes, sovereign immunity issues and a broad range of contentious and non-contentious insolvency work including schemes of arrangement.
Much of Richard’s work is offshore based or has an offshore connection. He has been admitted and appeared in the courts of Bermuda, the British Virgin Islands, the Cayman Islands and the Isle of Man, and has had a close involvement in litigation in Jersey and Guernsey. Richard also has experience of conducting arbitrations and of court proceedings ancillary thereto. He is very used to operating as part of a multi-jurisdictional team with lawyers from a wide range of jurisdictions, whether in an advocacy, advisory or supervisory role.
Richard has a commercial dispute focused practice with a particular specialism in domestic and cross-border reconstruction and insolvency, banking, fraud and financial products/derivatives litigation. He regularly acts in relation to multi-jurisdictional and complex commercial disputes, and is a member of the BVI bar.
In recent years Richard has appeared in various substantial and high-profile cases in England at all levels of tribunal up to the Supreme Court, including disputes arising out of the Lehman Bros insolvency (Waterfall I and IIproceedings, and Firth Rixson), Eurosail, Snoras Bank, Federal Mogul (reinsurance recoveries) and the Servaas state immunity litigation.
He has acted in relation to many of the major recent UK and international insolvencies/restructurings, including Lehman Brothers, House of Fraser, Debenhams, Noble Group, Codere SA, Co-Op Bank, Deutsche Annington, Telecolumbus and Cattles, and has been involved in several long commercial trials in the UK and Cayman Islands (including the Federal Mogul, Primeo v HSBCand the Fortuna shareholder disputes).
Riz specialises in all aspects of domestic and cross-border insolvency, restructuring, bank resolution, and trust law, with a particular focus on matters involving complex policy considerations. Having completed his pupillage at South Square in 2005, Riz became an academic member of Chambers for the subsequent decade, and joined as a practicing member in 2016.From 2009 to 2013, Riz served as Senior Counsel to the World Bank and Head of the Bank’s Global Initiative on Insolvency and Creditor/Debtor Regimes. In this capacity, and subsequently as a Consulting Counsel to the Bank, Riz has worked with the governments of some twenty countries in Africa, Asia, Europe, and the Middle East on reform of insolvency and creditor/debtor systems. His work involved policy analyses of existing laws and practices, the development of new legislation, and the training of judges, lawyers, insolvency practitioners, central bankers, and other stakeholders.Riz held the Chair of Law and Legal Theory at University College London until 2016, is a Visiting Professor at the University of Florence, and has previously held a research position at Cambridge University. His scholarship — which ranges over financial sector regulation, insolvency, property and trusts, and legal theory — has influenced law reform in the UK, and has been cited with approval by several courts, including the House of Lords, the Australian High Court, and the Courts of Appeal of England & Wales, New Zealand, Ontario, and Victoria.As part of the World Bank’s delegation to the United Nations Commission on International Trade Law (‘UNCITRAL’) from 2009 to 2013 and of the United Kingdom delegation since, Riz has been an active participant in UNCITRAL’s work on insolvency law. His particular focus has been on the revision of the Guide to Enactment and Interpretation to the Model Law on Cross-Border Insolvency, the insolvency of cross-border enterprise groups, the duties of directors in the period approaching insolvency, and the enforcement of insolvency-derived orders and judgments. Riz sits on the Editorial Boards of a number of key publications, including International Corporate Rescue.
Robert specialises in business and finance law, with a particular emphasis on insolvency/restructuring, banking law, company law and general commercial litigation. The core of Robert’s practice is insolvency/restructuring work, particularly in relation to banks and other large corporates. Robert enjoys both the highly technical nature of this work, and the challenging factual disputes which often arise, involving allegations of fraud or breach of duty against company directors and professional service providers. He also accepts instructions in relation to high-value bankruptcies. Robert has also appeared in a number of high-value commercial trials outside of the insolvency context. He finds that the technical skills he has gained from his bank insolvency practice, and the forensic experience from his insolvency fraud practice, are particularly valuable when advising and acting in general commercial disputes.
Rory has a commercial-chancery practice focusing on litigation in the following areas: commercial dispute resolution; insolvency and trusts/probate, in particular the removal of trustees and protectors. His practice has a heavy emphasis on civil fraud, in particular investment fraud, and asset recovery. As well as advising and representing clients in respect of litigation at all levels in England and Wales, he has advised and represented clients in the courts of the DIFC and has also advised and assisted in substantial Bermuda, Jersey, and Hong Kong proceedings. Much of his practice involves giving strategic advice in multi-jurisdictional disputes or has an international dimension involving difficult questions of the conflict of laws. He has already appeared in over 35 reported cases. In recent years, Rory has commonly led counsel teams.
Rory regularly acts for clients across the following industry sectors: commodities, fashion, aviation, oil and gas, reinsurance, football, motor-racing, utilities, sustainable energy, banking, and financial services. He is expert in applications for injunctive relief in his practice areas. Rory is often instructed to advise and represent clients in alternative dispute resolution including at arbitration and mediations. Rory can accept instructions to act as an arbitrator in private commercial arbitrations. He can take instructions and advise in German and Italian as well as English. Rory is ranked as a leading individual in the following categories across Chambers and Partners, Legal 500 and Chambers and Partners Global and High Net Worth: civil fraud, commercial chancery, insolvency, traditional chancery, and private client: trusts and probate.
Ryan has experience in all of South Square’s core practice areas, including domestic and cross-border insolvency, banking and finance, commercial litigation, company law and offshore work. Ryan has recently been instructed in the following cases (among others): Centaur Litigation SPC v Terrill, Edgeworth Capital Luxembourg SARL v Maud, Re China Shanshui Cement Group Ltd (decision of the Grand Court of the Cayman Islands, 25 November 2015), Re Angel Group Ltd, Re Codere Finance (UK) Ltd, Re Indah Kiat International Finance Company BV.In 2016, Ryan was appointed as specialist legal adviser to the Work and Pensions and Business Innovation and Skills House of Commons Select Committees in relation to the BHS inquiry. During his pupillage, Ryan assisted in a number of significant cases, in all tribunals up to the Supreme Court - including the Lehman Brothers Waterfall II application, the Madoff fraud (Primeo Fund v HSBC), derivatives litigation arising from the insolvency of Landsbanki and other Icelandic credit institutions, the Saad litigation in the Cayman Islands, and transactional work on a securitisation programme originated by Northern Rock.Ryan is a contributor to the forthcoming editions and supplements of Dicey, Morris & Collins on the Conflict of Laws, and has written for several other practitioners' textbooks and journals on cross-border insolvency and structured finance. Ryan enjoys technical work, and has a close familiarity with most forms of derivatives (OTC and exchange-traded), syndicated lending structures, securitisation programmes, dematerialised securities and collective investment schemes.
Stephen practises principally in the fields of insolvency and restructuring, civil fraud, commercial dispute resolution and banking and finance. He has also appeared in cases concerning company law, real property, insurance and financial services.
Stephen has substantial experience of conducting heavy trials (in both the Chancery Division and the Commercial Court) and arbitrations, and he has also been involved in a considerable amount of appellate work, including numerous cases in the Supreme Court/Privy Council (Bedzhamov, Candey v Crumpler, Lehman Waterfall I, BONY Mellon v LBG Capital, PwC v Saad, Singularis v PwC, Rubin v Eurofinance, Landsbanki v Heritable, Nortel/Lehman, EL Trigger) and the Court of Appeal (Bedzhamov, AA v BB, Peak Hotels, Fraser Turner, Titan, IBRC, Lehman Waterfall I, Lehman Waterfall II, Firth Rixson, Tambrook, Ovenden Colbert, Tiuta).
Stephen has been instructed in most of the major insolvency cases over the last fifteen years, including London Capital & Finance (for the administrators), Carillion (for the official receiver and the special managers), Debenhams (for the administrators), Thomas Cook (for the official receiver and the special managers), Corbin & King (for the monitors), London Oil & Gas (for the administrators), Peak Hotels (for the liquidators), African Minerals (for the administrators), London Mining (for the administrators), Lehman Brothers International (Europe) (for the administrators), Kaupthing (for the winding-up board), Afren (for the administrators), IBRC (for the liquidators), Landsbanki (for the winding-up board), Bernard L Madoff Investment Securities (for the SIPA trustee), Hellas (for the liquidators), Rangers (for the administrators), Luminar (for the administrators) and MF Global (for the Chapter 11 trustee).
Stephen is recommended in five practice areas by Legal 500 and Chambers & Partners UK Bar. Recommendations include: “Stephen is an absolutely excellent barrister. He is a detailed and creative thinker … He is a very impressive advocate – one who quickly gains the trust and confidence of the tribunal”; “He is really good, can cut through the noise and helps bridge solutions to get matters resolved quickly and pragmatically”; “Intellectually at top of the game, he is a pleasure to watch on his feet, delivering legal arguments in his quietly unassuming but assured and persuasive manner”; “An innovative and brilliant barrister”.
Toby practices in commercial litigation and arbitration, insolvency and restructuring, banking and financial services, civil fraud and company law. He also has experience of costs law and charity law. Toby has worked on cases at all levels up to the Supreme Court, as well as in international arbitrations and before the Cayman Islands courts. Much of his work involves cross-border situations or foreign law. For example, since 2014 he has advised and appeared in Primeo v HSBC, a $2bn claim in the Cayman Islands. Toby trained and initially practised in civil, criminal and family law, obtaining experience of expert evidence in civil matters and appearing in the County Court, Youth, Magistrates and Crown Courts, the Principal Registry of the Family Division and the High Court. He then moved to South Square in a role supporting various charitable initiatives, including as legal director of the NGO, African Prisons Project. Toby subsequently gained commercial trial experience with Robin Knowles CBE QC in the Chancery Division and the Commercial Court, and in a Supreme Court appeal, followed by a third-six pupillage at chambers. During 2014, he worked in the Cayman Islands on secondment to Campbells law firm. Toby is a CEDR Accredited Mediator.
Tom specialises in commercial litigation and arbitration, banking and finance, corporate insolvency and restructuring and company law including investment funds (hedge funds and private equity) and civil fraud and asset recovery.
Tom is an experienced advocate in both court litigation and arbitrations. He has extensive experience of major commercial trials. He has also been involved in many of the major restructuring and insolvency cases in recent years, including significant Supreme Court and Privy Council decisions in the fields of banking, insolvency and restructuring and investment funds. Tom frequently appears as an advocate both in England and in other jurisdictions including the Cayman Islands, the British Virgin Islands, Dubai, Bermuda, Trinidad and Tobago and Gibraltar.
Tom is described as being very bright, quick-witted and very approachable. He is named by Chambers and Partners as a leading silk in seven areas (banking & finance, chancery: commercial, commercial dispute resolution, company, fraud: civil, restructuring/insolvency and offshore) and as a star individual in restructuring and insolvency.
Tom is Head of Chambers at South Square. He is also a member of the Financial Markets Law Committee and a Deputy High Court Judge, Chancery Division.
William specialises in insolvency and restructuring, banking and finance and commercial litigation. His busy practice also includes civil fraud, company law, financial services, professional negligence, shipping, insurance and real property. Many of his cases have an international element, and he is particularly interested/experienced in cases involving Russia/the CIS. In the last 12 months he has been instructed in relation to many of the major insolvencies/restructurings, including Virgin, Debenhams, Arcadia, British Steel and Lehman Brothers. In recent years William has appeared successfully in several high-profile trials, both at home and abroad, including the ongoing dispute about the ranking/priority of $10 billion of Lehman Brothers’ subordinated debt, and the $2 billion professional negligence claim by Primeo (a Madoff ‘feeder fund’) against HSBC. In the next 12 months he is instructed to appear in the Privy Council and the Court of Appeal, as well as trials in both the Commercial Court and the Chancery Division. William has appeared as sole Counsel in the Court of Appeal, the Court of Appeal of the Cayman Islands and the Court of Appeal of the Eastern Caribbean Supreme Court. He has been called to the Bar of Gibraltar (2013), the Cayman Islands (2014) and the British Virgin Islands (2016). Before practicing at the Bar, William was a journalist/documentary producer, specialising in the former Soviet Union, terrorism and the intelligence services. His credits include the triple-BAFTA winning The Government Inspector.