Has a well judged eye as to when to run a point aggressively and when to adopt a softer strategy."

- Legal 500

Civil Fraud

Has a well judged eye as to when to run a point aggressively and when to adopt a softer strategy."

- Legal 500

Civil Fraud

Philip is an acknowledged expert in civil claims concerning fraud, illegal conduct, fraudulent misrepresentation, duress and restitution of all kinds.

Philip was counsel leading Professor Graham Virgo of Cambridge University in the landmark Supreme Court case on how English law should respond to illegal conduct in civil claims, Patel v Mirza 2016 UKSC 42. That case marked a decisive change in the law, away from the mechanistic approach in Tinsley v Milligan that had prevailed since at least 1994.

More recently Philip was leading counsel in the Supreme Court in what will be the leading case on economic duress Times Travel v PIAC that was argued in November 2020 in which judgment is awaited.

In addition Philip has been counsel in the marathon litigation and arbitration between Michael Wilson & Partners Limited v John Emmott that involved numerous allegations of fraud and wrongdoing but resulted in a favourable judgment for Mr Emmott 2019 EWCA Civ 219, see more information in the case links below.

 

Case Specialisms

  • Fraud
  • Duress
  • Restitution
  • Illegal conduct
  • Fraudulent misrepresentation

Relevant Cases

Patel v Mirza 2016

Philip was counsel leading Professor Graham Virgo in the landmark Supreme Court case on how English law should respond to illegal conduct in civil claims. This case marked a decisive change in the law.

Case link

Emmott v Michael Wilson & Partners Limited 2018

A BVI quasi partnership dispute between former partners in a law firm operating in Kazakhstan described by the Court of Appeal as having “a long history of hard fought litigation over more than 10 years in several jurisdictions, including Australia, the Bahamas, the British Virgin Islands and England.”

Case link

Times Travel Limited v Pakistan International Airways Corp 2019/2020

Whether an IATA agent could avoid a contract imposed on it by an airline that demanded that the agent give up accrued claims to commission. 

Case link 2020 Read more about the case in 2019