Philip Jones (Capital Law)

Philip Jones

Partner
Commercial Disputes

Philip is a Partner in our Commercial Disputes team. He has nearly thirty years’ experience of a broad range of commercial disputes.

Philip represents clients in the medical, financial, professional services, retail, media, industrial and manufacturing sectors.

His expertise covers a range of disputes with particular focus on warranty claims and other post M&A issues, shareholder and joint venture disputes, partnership disputes, insolvency, fraud and asset and financial recovery.

Philip’s extensive knowledge of insolvency law allows him to provide valuable insight in this area for all of his clients where it affects their position whilst he also advises insolvency professionals, directors, creditors and debtors, on liquidations, administrations and bankruptcies; director’s disqualification proceedings; voluntary arrangements; asset protection and avoiding insolvency and the consequences of insolvency.

Philip has an extensive history of dealing with white collar fraud and its consequences and has successfully recovered and protected assets, designed and executed investigations and secured emergency injunctions which have been executed worldwide.

Philip is recognised in both Chambers and Partners, and The Legal 500 for Commercial Litigation and Insolvency, where he is ranked as a leading individual.

The “very tough and streetwise” Philip Jones garners praise as a practitioner who is “highly experienced in commercial litigation” and is “not afraid to give robust advice to clients.” He is most noted for his handling of contentious insolvency matters.

Chambers & Partners UK

  • Advising a University on breach of an introducer agreement for student intakes to the University, including allegations of misrepresentation and illegality and cross-claims for unpaid commission.
  • Advising in relation to suspected secret commissions of former and current directors, undertaking a full investigation – including securing Norwich Pharmacal Orders in the High Court in Hong Kong, and subsequently securing an ex parte global freezing order, enforced in Hong Kong, Australia, Cyprus and the Isle of Man. The Australian enforcement proceedings were reported.
  • Representing a major Plc in relation to shareholder and derivative claims involving subsidiary companies.
  • Representing Tidal Energy Limited in the High Court, Court of Appeal and The Supreme Court against the Bank of Scotland Plc over a fraudulent banking transaction.
  • Advising in the reported case of Davy v Pickering concerning the powers of the Court to extend limitation period following the restoration of dissolved companies.
  • Acting for the liquidator of a West Wales company, which placed itself into a CVL shortly before the trial of an action. Investigation has continued into numerous director’s loans and possible wrongful and fraudulent trading concerns. A letter of claim has been sent and it is likely proceedings will be issued.
  • Pursuing a £5.6m fraudulent misrepresentation claim and unlawful means conspiracy claim against a BVI based company, Swiss company, and UK and Jersey based property developer. This is linked to another £80m claim we are running on behalf of Geneva based investors who have been defrauded.
  • Brought a claim against a top national level professional sporting club when they attempted to terminate a contract for the development of a museum project. The case was entirely funded under a Conditional Fee Agreement and full recovery made including fees paid in ongoing sponsorship rights.
  • In a professional negligence claim the Court decided to allow the backdating of a potential creditor’s winding up petition to ensure the availability of the antecedent transaction provisions of the Insolvency Act 1986. We successfully appealed the judgement in the Court of Appeal. The case has attracted significant interest in the insolvency world and is the subject of numerous commentaries.
  • Acted for Solaria who have been granted permission by the Court of Appeal to challenge a decision by the High Court to strike out its claim under the Human Rights Act.

Commercial litigation

  • Commercial contract disputes
  • Breach of directors’ duties, shareholder and partnership disputes
  • Civil fraud claims, freezing orders and asset recovery
  • Defamation and privacy law
  • Financial services disputes
  • Insurance disputes
  • International disputes
  • M&A and warranty disputes
  • Professional negligence claims
  • Trust and pension issues
  • Construction litigation

Restructuring and insolvency

  • Directors’ duties and personal liability of directors
  • Fraudulent and wrongful trading
  • Claw-back of assets
  • Business administration
  • Personal insolvency and bankruptcy
  • Statutory demands
  • Liquidator’s reporting duties
  • Possession proceedings

Fraud

  • White Collar fraud
  • VAT Fraud
  • Fraud investigations
  • urgent interim relief including freezing orders, search orders, proprietary
  • large-scale civil fraud claims
  • international asset tracing

Career

  • Partner, Capital Law Limited (Jan 2009 – present)
  • Consultant, Hugh James (2006 – 2008)
  • Equity Partner, Morgan Bruce / Morgan Cole (1990 – 2004)
  • Partner, Ray Lewis & Partners (1987 – 1990)

Education

  • College of Law Chester: Law Society Final Examination (1987)
  • John Mores University: LLB Hons, (1986)

Memberships / Trustee Positions

  • The Law Society of England and Wales