Phillip Gale


Year of Call 2008



General Profile


Phillip specialises in commercial chancery litigation particularly insolvency, commercial and property disputes. Recent experience includes a nine-day Commercial Court trial and an appeal concerning the proper test for setting aside orders made at final hearings of insolvency applications in the absence of one of the parties. Before joining chambers in 2010, Phillip worked at the Law Commission and read law including the BCL at Worcester College, Oxford. 

 

 

Notable Cases

 

Allanfield Property Insurance Services Ltd [2015] EWHC 3721 (Ch); [2016] Lloyd’s Rep IR 217 – an application for directions by administrators of insolvent insurance intermediaries raising questions as to the operation of CASS5 of the FCA Handbook.

 

Roberts [2016] EWHC 187 (Ch) - decided that the final hearing of a trustee’s application for possession and sale was a “trial” for the purposes of CPR 39.3. The judgment provides useful guidance as to what constitutes a trial and the appropriate test to be applied when considering applications to set aside orders made when one party fails to attend a hearing. Phillip acted for the successful trustees in bankruptcy. 

 

Green v Austin [2014] BPIR 1176 – a rare example of a matrimonial consent order being set aside as a transaction at an undervalue post-Hill v Haines. Phillip acted for the successful trustee in bankruptcy.

 

Marquis Francois-Eudes De Louville De Toucy v Bonhams 1793 Limited [2011] EWHC 3809 (Ch); [2012] BPIR 793 – an appeal against a bankruptcy order dealing with the interaction between bankruptcy law and mental capacity. Phillip acted for the Respondent auction house.

 

Inbakumar v United Trust Bank Limited [2012] EWHC 845; [2012] BPIR 758  – a judgment debtor sought to set aside a statutory demand on the basis of additional claims he had in the same proceedings involving co-sureties and valuers. Phillip successfully resisted the appeal to Vos J (as he then was) on behalf of the Respondent bank.

 

 

Areas of Emphasis

 

Corporate insolvency:

 

Phillip has a busy court and advisory practice dealing with all aspects of corporate insolvency. He is regularly instructed in connection with transactional avoidance, wrongful and fraudulent trading and misfeasance claims.

 

Personal insolvency:

 

Phillip covers a wide range of bankruptcy work including transactional avoidance, possession and sale, statutory demands, suspension from discharge, income payments orders, remuneration challenges and annulment. Phillip acted for the successful trustee in bankruptcy in an application to set aside a matrimonial consent order as a transaction at an undervalue post-Hill v Haines: Green v Austin [2014] BPIR 1176.


Commercial:

 

Phillip acts in a wide variety of commercial disputes particularly those involving guarantees, banking, sale of goods and supply of services, agency and commission. Recent cases include a nine-day trial in the Commercial Court concerning logistics services provided to the Esso refinery in Fawley, Hampshire.   


Property:

 

Phillip advises and appears in courts and tribunals in relation to many property and landlord and tenant matters, including residential and commercial possession proceedings, business tenancy renewals, easements and restrictive covenants, mortgages and mortgage fraud, disrepair, dilapidations and property damage.

 

General chancery:

 

Phillip accepts instructions in company law matters including directors’ disqualification, shareholder disputes and Companies Act advice. He also advises on general chancery disputes including wills, probate, intestacy and family provision.   

 

 

Career and Education

 

Called to the Bar (Lincoln’s Inn) - 2008

Member of the Chancery Bar Association

Member of the Property Bar Association

Member of the Insolvency Lawyers’ Association

 

BA Jurisprudence, Worcester College, Oxford – 2003-2006

Bachelor of Civil Law, Worcester College, Oxford – 2006-2007

Lord Denning Scholarship, Lincoln’s Inn – 2007

Bar Vocational Course, Inns of Court School of Law – 2007-2008

Research Assistant, Law Commission – 2008-2009

Levitt Scholarship, Lincoln’s Inn - 2009

 

 

Publications


Contributor to Butterworths Property Insolvency