Stephen Robins - South Square by jizhen1947

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									Stephen Robins




Contact details:

              3-4 South Square, Gray’s Inn, London WC1R 5HP.
              Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911. LDE 338 (Chancery Lane).
              Email: clerks@southsquare.com. Web: www.southsquare.com.

Education:

              BA (Hons) Modern History (First Class), Christ Church, Oxford
              Postgraduate Diploma in Law, City University, London
              Bar Vocational Course, Inns of Court School of Law
              Called to the Bar November 2001 (Lincoln’s Inn)


Awards & scholarships:

              Fell Exhibition (Christ Church, Oxford)
              Hardwicke Scholarship (Lincoln’s Inn)
              CPE Award (Lincoln’s Inn)
              Mansfield Scholarship (Lincoln’s Inn)


Professional memberships:

              Commercial Bar Association
              Chancery Bar Association
              Insolvency Lawyers’ Association


Areas of practice:

              Corporate insolvency
              Commercial litigation
              Company law
              Personal insolvency


Recommendations:

              Chambers & Partners UK 2010
              Insolvency/Restructuring – Recommended
              “Stephen Robins is widely considered ‘a star in the making’. He is ‘an efficient worker and a
              resourceful tactician, who is excellent both on paper and on his feet’. Interviewees also note his
              ‘warm and cheerful personality’. He represented the administrators of Britannia Bulk in litigation and
              potential litigation arising from the company's insolvency and derivative trading activities.”

              Legal 500 2010
              Insolvency – Leading Juniors
              “Stephen Robins is ‘definitely one to watch’ …”




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              Chambers & Partners UK 2009
              Insolvency/Restructuring – Up and coming
              “Fabulous with clients,” this younger barrister produces “paperwork that is a joy to behold”.



Practice overview:

              Ongoing insolvency cases include Madoff (for the US trustee), Britannia Bulk (for the liquidators)
              and Landsbanki (for the winding up board). Previous insolvency cases include Samsun Logix,
              Daewoo Logistics, North America Steamships Limited (NASL), Schefenacker, T&N/Federal Mogul
              and HIH. Recent and ongoing commercial cases include the EL Trigger Litigation (at first instance
              and in the Court of Appeal and the Supreme Court), litigation in Bermuda in respect of the Orient-
              Express Hotels group, and numerous ‘forward freight agreement’ (FFA) disputes in the Commercial
              Court.



Reported and recent cases:

              Corporate insolvency

              Junior Counsel for the US trustee in Re Bernard L Madoff Investment Securities LLC; Picard v
              FIM Advisers LLP [2010] EWHC 1299 (Ch) (Kitchin J) (US trustee's application under Article
              21(1)(d) of Schedule 1 to the CBIR 2006 for the production of documents)

              Counsel for the BVI liquidators in Re Transfield ER Cape Ltd [2010] EWHC 2851 (Ch) (Warren J)
              (recognition under the CBIR 2006 and discretionary relief under Article 21(1)(g) in the form of a
              moratorium in the terms of para 43 of Schedule B1)

              Counsel for the foreign representative of Chapter 11 proceedings in Re Pan Oceanic Maritime Inc
              [2010] EWHC 1734 (Ch) (Norris J) (recognition under the CBIR 2006 and discretionary relief under
              Article 21(1)(g) in the form of a moratorium in the terms of para 43 of Schedule B1)

              Junior Counsel for the Korean receiver in D/S Norden A/S v Samsun Logix Corporation [2009]
              EWHC 2304 (Ch); [2009] BPIR 1367 (Newey J) (application for permission to enforce security over
              the company’s property notwithstanding the moratorium imposed under Article 21(1)(g) of Schedule
              1 to the CBIR 2006; possible recognition in England of order of foreign court)

              Counsel for the Korean receiver in Re Samsun Logix Corporation [2009] EWHC 576 (Ch); [2009]
              BPIR 1502 (Morgan J) (recognition under the CBIR 2006 and discretionary relief under Article
              21(1)(g) in the form of a moratorium in the terms of para 43 of Schedule B1)

              Counsel for the Supervisor in Re Heart Hospital Ltd [2009] BPIR 1538 (construction of bar date
              provisions in a CVA; exercise of supervisor’s discretion to admit late claims)

              Junior Counsel for the Canadian bankruptcy trustee in AWB Geneva SA & Anor v North America
              Steamships Ltd & Anor [2007] 1 CLC 749 (Field J); affd. [2007] 2 Lloyd's Rep 315 (Chadwick,
              Latham and Thomas LJJ) (forward freight agreements; Section 2(a)(iii) of ISDA Master Agreement;



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              application for anti-suit injunction; recognition in England of order of foreign court exercising
              insolvency jurisdiction; effect of foreign order on English law contractual rights)

              Counsel for the applicants in Re Needwood Managed Services Ltd [2007] EWHC 3519 (Ch) (HHJ
              Purle QC) (creditor’s application to challenge administrator’s conduct; replacement of administrator)

              Junior Counsel for Schefenacker AG in connection with its restructuring: see Global Turnaround,
              Issue 87, April 2007, page 5, and Issue 88, May 2007, page 10 (migration from Germany to
              England; German law of universal succession; recognition of foreign law; CVA)

              Junior Counsel for a Lloyd’s syndicate in Re T&N Ltd [2006] 3 All ER 697 (David Richards J) and
              Re T&N Ltd (No 3) [2007] 1 All ER 851 (David Richards J) (scheme of arrangement; concept of
              ‘contingent creditors’; non-employment mesothelioma liabilities; provability of future tort claims in
              liquidation; Employers’ Liability (Compulsory Insurance) Act 1969)

              Junior Counsel for DNICK Ltd in the cross-border restructuring of Deutsche Nickel AG: see Global
              Turnaround, Issue 81, October 2006, pages 3-4 (migration from Germany to England; German law
              of universal succession; recognition of foreign law; administration; CVA)

              Junior Counsel for the English provisional liquidators in Re Daewoo Motor Co Ltd [2006] BPIR 415
              (Lewison J) (application for permission to remit the proceeds of sale of an insolvent Korean
              company’s English assets to the Korean court-appointed receiver)

              Junior Counsel for the Australian liquidators in Re HIH Casualty & General Insurance Ltd [2006] 2
              All ER 671 (David Richards J) (scheme of arrangement; distribution of English assets of Australian
              insurance companies; ancillary liquidations; s.426 of the Insolvency Act 1986)

              Counsel for the applicant in Re A Company (No 3520 of 2005) [2005] All ER (D) 87 (Jul) (Hart J)
              (application for an injunction to restrain the presentation of a winding-up petition by a judgment
              creditor whose default judgment was in the process of being set aside)

              Counsel for the respondent in Re Pan Interiors Ltd [2005] EWHC 3241 (Ch); [2005] All ER (D) 176
              (Jul) (Warren J) (application for an injunction to restrain the presentation of a winding-up petition on
              the basis of a genuine and substantial cross-claim)

              Counsel for the Administrators in Re Harkess-Ord Ltd [2004] All ER (D) 244 (Mar) (Rimer J)
              (administrators’ application for directions in respect of the expiry of an administration order)

              Commercial litigation

              Junior Counsel for two defendant insurers at first instance and in the Court of Appeal in the
              Employers’ Liability Policy ‘Trigger’ Litigation [2009] 2 All ER 26 (Burton J); [2010] EWCA Civ
              1096 (Rix, Smith and Stanley Burnton LJJ) (EL policy coverage in mesothelioma cases; factual
              matrix; binding usage; effect of the Employers’ Liability (Compulsory Insurance) Act 1969)

              Junior Counsel for the defendant in FKI Engineering Ltd & Anor v Stribog Ltd [2010] EWHC
              1160 (Comm) (Burton J) (application for a stay under Article 28 of the Brussels Regulation)




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              Counsel for the claimant in Britannia Bulk plc v Pioneer Freight Futures Co Ltd [2009] EWHC
              3268 (Comm) (Flaux J) (claim in respect of forward freight agreement on FFABA 2007 terms
              incorporating 1992 ISDA Master Agreement (Multi-currency–Cross-border); meaning and
              application of “Loss”; proper approach to calculation of Non-defaulting Party’s gain and use of
              estimates)

              Junior Counsel for the claimant in Blyth-Whitelock v de Meyer [2009] EWHC 2839 (Ch)
              (McCombe J) (strike out; res judicata; Henderson v Henderson; abuse of process; estoppel by
              convention; repudiation; Article 22 of the Brussels Regulation)

              Junior Counsel for the insurers in Law Society of England & Wales v Shah & Ors [2009] Ch 223
              (Floyd J) (claims against solicitors; fraud; partnership law; issues relating to the Third Parties
              (Rights Against Insurers) Act 1930; the effect of discharge from bankruptcy)

              Counsel for the first defendant in Dean & Dean (a firm) v Angel Airlines SA (in liquidation) &
              Lyndales (a firm) [2009] BPIR 409 (Patten J) (claim against solicitors; alleged breach of warranty
              of authority; strike out; abuse of process; res judicata; partnership liabilities)

              Counsel for the claimant in ED&F Man (Sugar) Ltd v Lendoudis [2008] 1 All ER 952 (Christopher
              Clarke J) (service out of the jurisdiction; enforcement of arbitration award; enforcement of foreign
              judgment at common law; amendment of claim form after service)

              Counsel for the respondent in Caterpillar Financial Services (UK) Ltd v Goldcrest Plant &
              Groundworks Ltd & Ors [2007] EWCA Civ 272 (Waller, Tuckey and Jacob LJJ) (contract law;
              construction of ‘all monies’ guarantee; principles of construction; factual matrix)

              Counsel for the claimant in Society of Lloyd’s v Surman [2005] 2 CLC 1119 (Etherton J)
              (application to for stay of execution on grounds of cross-claim; relevance and effect of ‘no set off’
              clause; principles to be applied on application for stay of execution)

              Counsel for the claimant in Society of Lloyd’s v Longtin [2005] 2 CLC 774 (Morison J)
              (enforceability of judgment after more than six years; application to set aside permission to issue a
              writ of execution; principles to be applied under Ord.42 r.2 of RSC)

              Counsel for the claimant in Rosenfeld v Ransley [2004] EWHC 2962 (Ch) (Sir Francis Ferris)
              (construction of loan agreement, security documentation and indemnity agreement; meaning and
              effect of ‘acknowledgement of receipt’ clause; estoppel by deed; non est factum; mistake)

              Company law

              Instructed on behalf of the petitioners in Re Orient-Express Hotels Limited [2010] SC (Bda) 25
              Com (Ground CJ) (unfair prejudice petition in Bermuda in respect of a circular corporate structure)

              Counsel for the appellants in Wallach & Anor v Secretary of State for Trade & Industry [2007] 1
              BCLC 208 (Lindsay J) (appeal against disqualification; transaction at an undervalue)




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              Counsel for the respondents in It’s a Wrap (UK) Ltd v Gula [2006] 2 BCLC 634 (Arden, Chadwick
              and Sedley LJJ) (statutory liability of shareholders to repay unlawful dividends; relevant test for
              liability; Second EC Directive on Company Law (77/91/EEC); Marleasing principle)

              Personal insolvency

              Counsel for the creditor in TS&S Global Ltd v Fithian-Franks & Ors [2008] 1 BCLC 277 (David
              Richards J) (appeal against order setting aside statutory demands; liability under guarantee without
              prior demand; effect of ‘primary debtor’ clause in guarantee)

              Counsel for the respondent in Kanda v City & County Properties Ltd [2008] BPIR 106 (John
              Jarvis QC sitting as a Deputy Judge) (appeal against refusal to set aside a statutory demand)

              Counsel for the trustee in Re Canty [2007] BPIR 299 (Chadwick and Lloyd LJJ) (bankruptcy;
              possession and sale; contempt of court; appeal against committal order)

              Counsel for the petitioning creditor in Re Stojevic [2007] BPIR 141 (Mr Registrar Jaques)
              (individual’s centre of main interests under Article 3 of the EC Regulation)

              Other cases

              Junior Counsel for the applicant in R (Unison) v Monitor [2009] EWHC 3221 (Admin) (Cranston J)
              (judicial review claim against the regulator of NHS foundation trusts to determine the lawfulness of
              regulations permitting foundation trusts to receive income deriving from the provision of private
              healthcare; s.44 of the NHS Act 2006; meaning of ‘derived’)



Publications:

              “Disqualification of Company Directors” (with David Allison) in Boxell (ed.), A Practitioner’s Guide to
              Directors’ Duties and Responsibilities (City & Financial Publishing, 4th ed., 2010)

              Chapters 23 (Accounting Records, Reports and Audit) and 24 (Capital and Distributions) in Simon
              Mortimore QC (ed.), Company Directors: Duties, Liabilities & Remedies (OUP, 2009)

              “Anti-suit Injunctions against Foreign Insolvency Proceedings” (with Robin Dicker QC), International
              Corporate Rescue, Vol. 5, Issue 2 (Kluwer, 2008)

              “Knowledge, Ignorance and Unlawful Dividends”, Insolvency Intelligence, Vol.20, No.3 (April 2007)




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