Expertise
A highly experienced Commercial Litigator who has been operating as a Partner in the City for thirty years, Philip is able to advise on a broad range of commercial disputes across IT/ technology, insurance/reinsurance, financial services/regulatory, professional negligence, insolvency and energy, Philip’s experience includes cross border and domestic matters, several of which have been extremely high profile cases involving sums in excess of $1bn.
A superb relationship builder, in particular having built a strong working and lasting relationship with Hewlett-Packard, Philip has secured genuine relationships with senior board level contacts in a number of major international technology companies, including maintaining strong links with HP.
An innovative lawyer with a record of finding commercial solutions to client’s problems, Philip holds experience at every level including numerous High Court cases, many Court of Appeal cases, two Supreme Court cases and a Privy Council case, as well as many major international arbitrations and ad hoc arbitrations under different arbitral rules.
He is experienced in all forms of ADR including mediation and deploys his own unique, signature, developed litigation approach designed to solve commercial litigation disputes, with an ability to introduce and successfully leverage relationships between colleagues and senior level decision makers.
Philip has been involved in just about every industry, as well as insurance and reinsuramce, including the latest tech industries, AI and cryptocurrency.
Philip Advises
- C-Suite
- Directors
- Boards
- Owners
- Shareholders
- Founders
Philip also has a vast amount of experience in IT matters you can read more about those here.
Experience Highlights
IT/Telecommunications
- Series of 21 cases over 13 years for HP covering all areas of major IT systems installation and integration disputes against a range of FTSE 100 and Fortune 100 companies; including complex telecommunications cases.
- Series of cases for a range of other major IT Companies including software companies in disputes concerning large IT projects, as well as Energy companies on major oil and gas projects.
- In addition to contentious work, Philip has, through the strong contacts developed in the technology sector, advised on numerous non-contentious matters in relation to setting up of trading platforms in the energy, shipping, insurance and accountancy sectors.
Financial/Banking/ Trust/ Pharma litigation
- BCCI case valued at $14bn, for Ernst & Young;
- Sumitomo case, valued at £5bn for London Metal Exchange;
- State Bank of South Australia case, valued at $3.2bn, for PricewaterhouseCoopers; – State Bank of Victoria case, valued at $2.75bn for KPMG.
- Trusts e.g. £50m concerning BVI;
- Trusts IOM £3m
- Pharmaceutical e.g. drug development £100m
Insurance/Arbitration
- Fortune 50 Company case, valued $1.5bn, product liability for XL Insurance;
- Fortune 100 Company case, valued $1bn general liability for XL Insurance;
- Lloyd’s R&R, valued $18bn for Reinsurers (130 syndicates and companies);
- Solicitor’s E&O (flotation), valued £1.5bn for London Market.
Reinsurance
- Lord Napier v RF Kershaw (1993) (leading case on subrogation), value £120m for 24 leading reinsurance syndicates and companies (House of Lords);
Lead poisoning case, $250m for QBE;
- Broker’s negligence (medical benefits), value $15m for Brit Insurance;
- Broker’s negligence (aviation), value $50m for Brit Insurance.
- Lloyd’s R&R – heavily involved for the PSL underwriters across the market – over 100 Syndicates and 26 companies also for the E&O Steering Committee on directing the cases being defended by the managing and members agents. Claim $5bn
Oil & Gas/ Construction
- Power station cases for example for Texaco.
- Cases relating to the construction of shopping malls, roads and other heavy engineering projects (including Privy Council case).
- Advice on Piper Alpha (House of Lords)
- Sleipner ($700m)
Financial Services
- London Metal Exchange in a series of cases worth $5bn against various major investment banks arising out of the Sumitomo copper crisis.
- Ernst & Young and their underwriters in defence of claims by BCCI amounting to $14bn
- Over 100 syndicates and 26 companies in arbitration proceedings concerning the powers of Lloyd’s in the $18 bn Reconstruction and Renewal settlement and also acting for the E&O steering committee on the same matter.
- KPMG and underwriters in proceedings arising from the collapse of the State Bank of Victoria – value $2.75bn.
- PWC and underwriters in proceedings arising from the collapse of the State Bank of South Australia – value $3bn.
- Major international law firm in professional negligence claims relating to a flotation – value £1.5bn.
- 24 leading syndicates and companies in a reinsurance recovery case worth £120m, resulting in the leading case on subrogation in insurance – Lord Napier v RF Kershaw (1993)(House of Lords).
- Insurers and their insured in a broker’s negligence claim relating to medical benefits coverage – value $15m.
- Insurers and their insured in a broker’s negligence claim relating to aviation coverage – value $50m.
- Group of reinsurers on a dispute concerning a binding authority relating to medical benefits – value $50m.
- Lloyd’s syndicates as reinsurers in a series of policy wording cases concerning aggregation – value £500m
Insurance
- Major insurance company in international arbitration proceedings against a Fortune 50 company concerning a $1.5bn product liability claim.
- Major insurance company in international arbitration proceedings against a Fortune 100 company relating to an explosion in a chemical plant – value $1bn.
- Major international insurance company and following market in relation to pollution claims in Mexico worth in excess of $250m. Resulting in a settlement with no liability.
- Insurers in relation to a coverage dispute relating to a fire at a Grade 1 listed building – value £8m.
- Contingency insurers in relation to an air show events policy.
- Insurer against Fortune 100 company in a dispute concerning sue and labour clauses – value £5m.
- Large European insurer in relation to policy wording disputes and negotiation, including cut through clauses.
- General commercial insurer and a public school in defending claims relating to a serious rugby injury and the liability of the school in teaching rugby and its obligations in carrying/ recommending insurance. Court of Appeal case.
- General commercial insurer in a case concerning an armed robbery. Court of Appeal case.
- Leading insurer on a binding authority dispute involving allegations of fraud by the broker.
- Leading corporate insurer on a property insurance where the assured is accused of fraud.
Industrial/ Energy Insurance/ Trusts/ Pharma
- London insurers in a claim relating to a power station in the West Indies and a claim for $25m.
- Construction company in relation to operation and breakdown of a large shield tunnelling machine on a major project.
- Insurers on liability relating to abandoned mines.
- Contractors in relation to resurfacing of the M25.
- Contractor in relation to a construction dispute involving the European Space Agency in the Netherlands.
- Representing a printing manufacturer in a dispute concerning public procurement and the European regulations.
- Supplier in a dispute with a leading national retail chain.
- General commercial insurer and a pharmaceutical company relating to batches of vaccinations produced for the poultry industry.
- Company and its investors in relation to the development of surgical devices for the NHS, including funding issues, IP, contractual disputes, approval by the UK and US regulatory authorities
- Large bio-tech company in dispute with a large pharmaceutical company in relation to the development of new drugs, the results, funding and approval
- A general commercial insurer and a leading air conditioning manufacturer in a subrogated contractual claim.
- General commercial insurer in a subrogated action in relation to an office development.
- Major oil company in relation to the closure of one of the UK’s largest refineries due to supplier defects value £15m.
- Large New Zealand engineering firm in relation to construction contracts in Hong Kong and Singapore. Value $12m. Privy Council case.
- Major Australian building firm in relation disputes arising from the construction of a large shopping/ leisure complex in Sydney, Australia.
- Helicopter operator in relation to a fatal accident off shore.
- Coal fired power station in relation to supply contracts – value $12m.
- Insurers and their insured in relation to the supply of defective turbines for a power station.
- Manufacturer and their insurers in relation to a gas explosion, causing loss of life.
- National gas supplier and their insurers in relation to a gas explosion, causing significant commercial damage.
- Major Norwegian oil producer in relation to design faults in a North Sea Production Platform. Value $365m.
- Advising on the final stages of appeal on the Piper Alpha case for Caledonia to the House of Lords. Value £136m. Total loss $1.3bn.
- Trusts – dispute concerning series of trusts set up in BVI £50m
- Trusts – dispute concerning transfer of trusts, costs and conduct at issue over £3m re 120 multi-million pound trusts IOM
- Advising leading transport company on business organisation so as to preserve business status.
- Advising tech start-up on cease and desist order
AI/Blockchain/AR/VAR/App
- Advising numerous start-ups and established companies on the application of new technologies and disruptive techniques in their industries: covering finance, insurance, manufacturing, commerce, transport, education, food distribution, retail, travel, art, sport and scientific research, as well as pure AI, Blockchain, AR and VR companies on the development and application of their products including raising funds, legal matters, regulatory requirements, corporate governance and IP issues.
Cryptocurrency Litigation/ AI
- High Court – leading case on cryptocurrency in the English Court (2024).
- Advising on AI litigation (2024/25)
Property Development
- Multiple connections with property developers and investors in UK and Europe.
Read more about Philips case background here.