Guy Philipps QC
Call Date
1986
Silk date
2002
Practice Areas
Guy Philipps has a broadly based commercial litigation and arbitration practice, with particular specialisations in:
- Banking and financial services
- Insurance and reinsurance; and
- Professional negligence
Recommendations (Practitioners' Guides)
Chambers UK (Leading Silk in Commercial Dispute Resolution; Banking & Finance; Professional Negligence)
Legal 500 (Banking; Insurance and Reinsurance)
Legal Experts (Banking; Insurance/Reinsurance)
Education
MA, Oxford University (1st class Honour Moderations Greek and Latin Literature; 1st class Literae Humaniores)
Diploma in Law with Distinction, City University
Other Qualifications
Admitted to the Isle of Man, Bahamas and British Virgin Islands Bars
A CEDR Accredited Mediator
A member of the California Bar (inactive status)
Has acted as arbitrator in ICC and LCIA arbitrations
Professional Experience
Described in the most recent edition of Chambers UK Guide as “an accomplished advocate - clever and persuasive”, “an excellent individual”, “assured in all he does”, “sharp and very effective”, Guy has extensive experience in all areas of commercial litigation and arbitration, both as advocate and arbitrator. Much of his work is set in an international context, and he frequently appears before courts and tribunals abroad.
Representative Cases
Current and very recent cases, illustrating the range of Guy’s practice, include:
- Representing the auditors of Independent Insurance plc in both the litigation and the Joint Disciplinary Scheme proceedings brought against them following the group’s collapse;
- Acting in arbitration proceedings and litigation in the Isle of Man for control of the sole mobile telephone operator in Kyrgyzstan;
- Representing Grant Thornton International in its successful appeal to the House of Lords concerning insurance cover for claims arising out of the collapse of Parmalat;
- Acting for the Financial Services Agency in a forthcoming appeal to the Financial Services and Markets Tribunal.
Reported Cases
Reported cases since taking Silk include:
Arbitration
Cukurova Holding v Imanagement Services Ltd (2007) (BVI High Court) (stay of proceedings for damages for alleged fraudulent obtaining of international arbitration award)
Norsk Hydro v State Property Fund of Ukraine (2002) (setting aside order for enforcement of international arbitration award)
Banking & Finance
Oakscope Ltd v HSBC (2003) (CA) (construction of bank facility letter)
Commercial Litigation
Kuenyehia v International Hospitals Group (2007) (CA) (security for costs)
Sibir Energy plc v Sibneft (2004-6) (BVI High Court and Eastern Caribbean CA) (the high-profile dispute with regard to the alleged misappropriation of an oil field in Siberia)
Raiffeisen Zentralbank Osterreich AG v China Marine Bunker (Petrochina) Co. Ltd (2006) (enforcement of irrevocable payment undertakings in international oil trade)
Pentium (BVI) Ltd v KPMG & others (2005) (BVI High Court) (striking out claim in fraud)
HSBC Bank Middle East v Fortis Fund Services (2002-4) (Bahamas High Court) (the ‘Oracle Fund’ litigation in the Bahamas)
Strandberg v Union Cal (2002) (futures trading; application of principles of res judicata to strike out subsequent litigation)
Conflict of Laws & Private International Law
HIT Entertainment Ltd v. Gaffney International Licensing Pty Ltd (2007) (effect of non-exclusive jurisdiction clause at common law and under Jurisdiction and Judgments Regulation)
7E Communications Ltd v Vertex (2007) (CA) (test for agreement of exclusive jurisdiction clause under Jurisdiction and Judgments Regulation)
Lamane Trading Corporation v Finecroft Limited (2006) (Eastern Caribbean CA) (restraint of proceedings commenced in breach of arbitration clause; power of court to appoint a receiver to enforce anti-suit injunction)
Vostok Nafta v Sibneft Oil Trade (2004) (BVI High Court) (establishing jurisdiction in the BVI in respect of wrongs committed in Russia)
Royal Bank of Canada v Cooperatieve Centrale Raiffeisen Boerenleenbank (2004) (CA) (restraint of parallel proceedings in New York immediately before trial)
Insured Financial Structures v Elektrocieplownia Tychy (2003) (CA) (effect to be given to non-exclusive jurisdiction clause under Lugano Convention)
Insurance & Reinsurance
Brit Syndicates Ltd v Grant Thornton International (2008) (HL) (entitlement of accountants’ worldwide ‘umbrella’ organisation to professional indemnity cover)
Lloyds TSB General Insurance Holdings v Lloyds Bank Group Insurance Company (2003) (HL) (liability of insurers to indemnify financial services providers for pensions mis-selling)
Professional Negligence
Chandrasekaran v Deloitte & Touche (2004) (liability of accountants for negligent tax advice)
Notable reported cases prior to taking Silk included:
Union Discount Co v Zoller (2001) (CA) (damages for breach of exclusive jurisdiction clause)
Dubai Aluminium Company Limited v Deloitte Haskins & Sells (2001) (liability of auditors for negligence under Dubai law)
Tykaz Chrome Corporation v Kazakhstan Mineral Resources Corporation (1998-2000) (the 'Trans World' litigation in London and the British Virgin Islands)
Clarke v Fennoscandia Ltd (1999) (CA) (duties owed by merchant bank to client)
Lloyds Bank v Lampert (1999) (CA) (timing of demand under bank guarantee)
Manning v Society of Lloyd’s (1997) (acting for Lloyd’s Conditional Acceptors Group)
Credit Lyonnais v New Hampshire Insurance Co (1997) (CA) (first English case on proper law of insurance contracts under Second General Insurance Directive)
Deutsche Genossenschaftsbank v Burnhope (1995) (HL) (construction of Banker’s Blanket Bond insurance policy)
Sphere Drake Insurance v Denby (1994) (CA) (‘Alexander Howden’ scandal at Lloyd’s)
Attorney-General of Ghana v Texaco Overseas Tankships (1994) (HL) (currency of damages for breach of contract to carry oil)
Ingham v ABC Contract Services (1993) (CA) (enforceability of ‘anti-poaching’ covenants in employment contracts)
Touche Ross v Baker (1992) (HL) (construction of Lloyd’s professional indemnity insurance policy)
Publications
A contributing editor to Professional Negligence and Liability
Professional Negligence and Liability
Languages
French
Spanish