Philip Currie

Practice overview

Philip is a commercial barrister with particular expertise in insolvency, banking, property and professional negligence. He is an experienced advocate, appearing regularly in the High Court both as sole advocate and as junior counsel.

Clients enjoy working with Philip not only for the breadth and depth of his legal knowledge, but also because he understands their commercial needs. With an eye for detail and strong analytical skills, he always seeks to work with his clients to find the most pragmatic solution to any dispute.

He has a busy practice advising on claims involving banks and financial advisors, share purchase agreements and breaches of warranty, shareholder and partnership disputes, commercial property disputes, civil fraud and economic torts. He also regularly acts in cases involving professional negligence that concern other areas of his practice.

He understands the business needs of his clients and always seeks to work with them to find the most pragmatic approach.

Clerk details

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Banking and Finance

Philip brings his wealth of experience of insolvency and property litigation to bear on his banking and financial services work. He has particular experience of claims in which banks initiated insolvency proceedings as a result of the cash-flow difficulties that resulted from mis-sold products.

Philip  has experience across a whole range of banking and financial services cases, including mis-sold mortgages, negligent investment and pension advice, claims by and against guarantors, and claims involving undue influence, duress and other economic torts. He is familiar with COBS, MCOB, and other rules in the FCA Handbook.

Philip also acts in consumer credit cases. He has experience of claims concerning unfair credit relationships, improperly executed and unenforceable agreements, and other breaches of the provisions of the Consumer Credit Act 1974 and the FCA’s CONC rules. He is also able to offer advice on whether his clients are caught by the consumer credit regime and what steps they need to take to comply.

Recent work includes:

  • representing the Claimant in a claim against its former financial advisors for misrepresentations and negligent investment advice
  • representing property investors in unfair relationship claims against bridging finance providers
  • advising guarantors on viable defences arising from misstatement and breach of duty on the part of the lender
  • representing mortgagors in defending claims brought by lenders on the basis of undue influence

Commercial Litigation

Philip enjoys a reputation as a strong and strategic commercial litigator who gives practical advice on complex disputes. He acts for a wide variety of businesses – from sole traders, to SMEs, to multi-nationals – across a range of business sectors.

Philip advises on all manner of commercial disputes, including agency, guarantees and indemnities, share purchase agreements and related warranty claims, shareholder disputes, insolvency, banking, and property.

He has experience of group litigation, and can devise strategies to assist with assessing the merits of large numbers of cases.

Recent work includes:

  • advising and defending vendors and guarantors for breach of warranty and misrepresentation claims under share purchase agreements in the IT and insurance industries
  • representing the developer of a new marina project in disputes with architects and advising on issues with owners of neighbouring land
  • advising the purchaser under a sale and service contract on the options for termination and consequent liabilities
  • representing the designer of a mechanical biological treatment plant in an adjudication concerning allegations of negligent design and breach of contract, raising issues of estoppel and waiver

Injunctions

Philip regularly appears on applications for injunctions to restrain the presentation and advertisement of winding up petitions, and to prevent the disposal of assets pending the determination of disputes concerning their ownership. He also appears in applications to prevent breaches of restrictive covenants in employment contracts and those concerning breaches of freeholder covenants in property conveyances.

He is able to advise quickly on the timing and suitability of injunction applications, including the question of whether an ex parte application is appropriate. 

He is also well-placed to advise on the prospects of successfully opposing injunction applications and is often able to devise strategies for prompt settlement of disputes at this early stage. 

Recent work includes:

  • Obtaining an injunction (ex parte and continued inter partes) to prevent the sale of a house pending the trail of a claim under s.423 of the Insolvency Act 1986 concerning the transfer of that house (in which Philip later successfully represented the Claimants)
  • Obtaining an injunction (ex parte) to prevent the advertisement of a winding up petition. The petition was withdrawn prior to an inter partes hearing.
  • Advising on the merits of an application for an injunction to prevent further breaches of restrictive covenants in an employment contract

Insolvency

Philip’s practice has always had a strong insolvency angle. He acts in all manner of insolvency cases, ranging from contested winding up petitions, to claims involving transactions at an undervalue, preferences, and transactions to defraud creditors.

Philip works closely with office holders and company directors to fully understand the nature of the business and the issues that arise from insolvency or restructuring.

Philip regularly advises on and appears in applications for injunctions to prevent the presentation or advertisement of winding up petitions. He has also acted in many applications to set aside statutory demands, for validation orders, and for orders under the Company Directors Disqualification Act 1986.

Recent work includes:

  • Acting for judgment creditors in a successful claim under s.423 of the Insolvency Act 1986 to reverse the transfer of a house into a spouse’s sole name.
  • Representing administrators and liquidators in claims against directors and parent companies for misappropriated funds, wrongful trading and preferences.
  • Representing an insurer in claims against company administrators for failing to collect and account for premiums.
  • Various applications for validation orders under s.127 of the Insolvency Act 1986 and for the rescission of winding up orders.
  • Various applications for permission to act as directors notwithstanding disqualification under the Company Directors Disqualification Act 1986.

Professional Negligence

Philip has acted in a number of professional negligence cases against IFAs, solicitors, accountants, and architects. He advises on disputes arising out of a range of situations, including negligent investment advice, the handling of contentious leasehold renewals, and the improper handling of commercial litigation. He is well placed to advise on professional negligence claims across the range of his other work.

Recent work includes:

  • Advising on claims against accountants for negligent preparation of accounts and tax returns leading to increased tax liabilities
  • Acting on a claim against an IFA for negligent investment advice
  • Acting on a claim against solicitors for failing to issue commercial lease renewal proceedings in time
  • Together with David McIlroy, representing thousands of claimants in the Right to Buy Litigation, a series of professional negligence claims against conveyancing solicitors

Property Litigation

Philip has extensive experience dealing with all manner of real estate litigation. He predominantly advises commercial clients on property transactions and disputes concerning easements, restrictive covenants, mortgages and overage agreements. He also frequently appears in commercial landlord and tenant disputes, including forfeiture proceedings, applications for relief from forfeiture, and contested renewal applications under the Landlord and Tenant Act 1954.

Recent work includes:

  • advising tenants under a commercial lease on the prospects of succeeding in a contested lease renewal claim (the landlord relying on ground f)
  • advising property developers on the availability and extent of easements over neighbouring land and the impact on the development

Qualifications

BSc Biochemistry Imperial College London
LLB The College of Law
LLM International Commercial Practice, The University of Law

Scholarships and awards

Queen Mother's Scholarship Middle Temple

Professional bodies

Chancery Bar Association
Financial Services Lawyers Association
Professional Negligence Bar Association

Practice overview

Philip is a commercial barrister with particular expertise in insolvency, banking, property and professional negligence. He is an experienced advocate, appearing regularly in the High Court both as sole advocate and as junior counsel.

Clients enjoy working with Philip not only for the breadth and depth of his legal knowledge, but also because he understands their commercial needs. With an eye for detail and strong analytical skills, he always seeks to work with his clients to find the most pragmatic solution to any dispute.

He has a busy practice advising on claims involving banks and financial advisors, share purchase agreements and breaches of warranty, shareholder and partnership disputes, commercial property disputes, civil fraud and economic torts. He also regularly acts in cases involving professional negligence that concern other areas of his practice.

He understands the business needs of his clients and always seeks to work with them to find the most pragmatic approach.

Clerk details

clerks@forumchambers.com
020 3735 8070

Banking and Finance

Philip brings his wealth of experience of insolvency and property litigation to bear on his banking and financial services work. He has particular experience of claims in which banks initiated insolvency proceedings as a result of the cash-flow difficulties that resulted from mis-sold products.

Philip  has experience across a whole range of banking and financial services cases, including mis-sold mortgages, negligent investment and pension advice, claims by and against guarantors, and claims involving undue influence, duress and other economic torts. He is familiar with COBS, MCOB, and other rules in the FCA Handbook.

Philip also acts in consumer credit cases. He has experience of claims concerning unfair credit relationships, improperly executed and unenforceable agreements, and other breaches of the provisions of the Consumer Credit Act 1974 and the FCA’s CONC rules. He is also able to offer advice on whether his clients are caught by the consumer credit regime and what steps they need to take to comply.

Recent work includes:

  • representing the Claimant in a claim against its former financial advisors for misrepresentations and negligent investment advice
  • representing property investors in unfair relationship claims against bridging finance providers
  • advising guarantors on viable defences arising from misstatement and breach of duty on the part of the lender
  • representing mortgagors in defending claims brought by lenders on the basis of undue influence

Commercial Litigation

Philip enjoys a reputation as a strong and strategic commercial litigator who gives practical advice on complex disputes. He acts for a wide variety of businesses – from sole traders, to SMEs, to multi-nationals – across a range of business sectors.

Philip advises on all manner of commercial disputes, including agency, guarantees and indemnities, share purchase agreements and related warranty claims, shareholder disputes, insolvency, banking, and property.

He has experience of group litigation, and can devise strategies to assist with assessing the merits of large numbers of cases.

Recent work includes:

  • advising and defending vendors and guarantors for breach of warranty and misrepresentation claims under share purchase agreements in the IT and insurance industries
  • representing the developer of a new marina project in disputes with architects and advising on issues with owners of neighbouring land
  • advising the purchaser under a sale and service contract on the options for termination and consequent liabilities
  • representing the designer of a mechanical biological treatment plant in an adjudication concerning allegations of negligent design and breach of contract, raising issues of estoppel and waiver

Injunctions

Philip regularly appears on applications for injunctions to restrain the presentation and advertisement of winding up petitions, and to prevent the disposal of assets pending the determination of disputes concerning their ownership. He also appears in applications to prevent breaches of restrictive covenants in employment contracts and those concerning breaches of freeholder covenants in property conveyances.

He is able to advise quickly on the timing and suitability of injunction applications, including the question of whether an ex parte application is appropriate. 

He is also well-placed to advise on the prospects of successfully opposing injunction applications and is often able to devise strategies for prompt settlement of disputes at this early stage. 

Recent work includes:

  • Obtaining an injunction (ex parte and continued inter partes) to prevent the sale of a house pending the trail of a claim under s.423 of the Insolvency Act 1986 concerning the transfer of that house (in which Philip later successfully represented the Claimants)
  • Obtaining an injunction (ex parte) to prevent the advertisement of a winding up petition. The petition was withdrawn prior to an inter partes hearing.
  • Advising on the merits of an application for an injunction to prevent further breaches of restrictive covenants in an employment contract

Insolvency

Philip’s practice has always had a strong insolvency angle. He acts in all manner of insolvency cases, ranging from contested winding up petitions, to claims involving transactions at an undervalue, preferences, and transactions to defraud creditors.

Philip works closely with office holders and company directors to fully understand the nature of the business and the issues that arise from insolvency or restructuring.

Philip regularly advises on and appears in applications for injunctions to prevent the presentation or advertisement of winding up petitions. He has also acted in many applications to set aside statutory demands, for validation orders, and for orders under the Company Directors Disqualification Act 1986.

Recent work includes:

  • Acting for judgment creditors in a successful claim under s.423 of the Insolvency Act 1986 to reverse the transfer of a house into a spouse’s sole name.
  • Representing administrators and liquidators in claims against directors and parent companies for misappropriated funds, wrongful trading and preferences.
  • Representing an insurer in claims against company administrators for failing to collect and account for premiums.
  • Various applications for validation orders under s.127 of the Insolvency Act 1986 and for the rescission of winding up orders.
  • Various applications for permission to act as directors notwithstanding disqualification under the Company Directors Disqualification Act 1986.

Professional Negligence

Philip has acted in a number of professional negligence cases against IFAs, solicitors, accountants, and architects. He advises on disputes arising out of a range of situations, including negligent investment advice, the handling of contentious leasehold renewals, and the improper handling of commercial litigation. He is well placed to advise on professional negligence claims across the range of his other work.

Recent work includes:

  • Advising on claims against accountants for negligent preparation of accounts and tax returns leading to increased tax liabilities
  • Acting on a claim against an IFA for negligent investment advice
  • Acting on a claim against solicitors for failing to issue commercial lease renewal proceedings in time
  • Together with David McIlroy, representing thousands of claimants in the Right to Buy Litigation, a series of professional negligence claims against conveyancing solicitors

Property Litigation

Philip has extensive experience dealing with all manner of real estate litigation. He predominantly advises commercial clients on property transactions and disputes concerning easements, restrictive covenants, mortgages and overage agreements. He also frequently appears in commercial landlord and tenant disputes, including forfeiture proceedings, applications for relief from forfeiture, and contested renewal applications under the Landlord and Tenant Act 1954.

Recent work includes:

  • advising tenants under a commercial lease on the prospects of succeeding in a contested lease renewal claim (the landlord relying on ground f)
  • advising property developers on the availability and extent of easements over neighbouring land and the impact on the development

Recommendations

“Philip Currie is a pleasure to deal with. He is swift, to the point and gets to the details impressively quickly. Clients enjoy working with him as he is so grounded.” (instructing solicitor)

“Philip provides detailed and practical advice in commercial cases, cutting through tricky points of law.” (instructing solicitor)

“Excellent, friendly, very well-prepared, and supportive” (lay client)

Qualifications

  • BSc Biochemistry Imperial College London
  • LLB The College of Law
  • LLM International Commercial Practice, The University of Law

Scholarships and awards

  • Queen Mother's Scholarship Middle Temple

Professional bodies

Chancery Bar Association
Financial Services Lawyers Association
Professional Negligence Bar Association

  • Recent and ongoing cases
    Philip Currie is a pleasure to deal with. He is swift, to the point and gets to the details impressively quickly. Clients enjoy working with him as he is so grounded. Instructing Solicitor
    • Together with David McIlroy, representing thousands of former council tenants in the Right to Buy litigation, a series of professional negligence claims against conveyancing solicitors. The litigation settled part way through trial in November 2015.
    • Representing the claimants in a professional negligence claim against their former solicitors for failing to issue proceedings for the renewal of a commercial tenancy in time.
    • Representing and advising numerous individuals and companies in ongoing claims for damages arising out of mis-sold interest rate swaps.
    • Representing a large construction company in an application to restrain the advertisement of a winding up petition where the underlying debt was disputed.
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