Philip Winterborne

Philip handles Insolvency & Turnaround matters, representing many insolvency practitioners both regionally and nationally on formal insolvency appointments, asset realisation, security issues, pre-packs and other asset disposals. Philip has extensive expertise in insolvency litigation including wrongful trading, misfeasance actions and antecedent transaction litigation and in representing directors facing director disqualification proceedings. He also works with businesses and turnaround specialists to provide restructuring, refinancing and/or turnaround advice and to formulate and implement rescue strategies. Philip worked for Linklaters in the City before joining Osborne Clarke in Bristol. Before joining Temple Bright in 2014 he was a partner at Clarke Willmott for more than five years. Philip is individually ranked in the top tier by Chambers UK for Insolvency and is described by The Legal 500 as “a national leader” who is “clever and personable, and gets the job done”.

Experience

Relevant experience at Temple Bright includes:

• Advising administrators in relation to the pre-packaged sale of a well-known multi-site retail outlet for insolvency practitioners from a big four practice.
• Advising an Eastern European bank in relation to the multi-jurisdictional bankruptcy of a customer, being a high profile individual accused of fraud.
• Advising on professional negligence proceedings against former solicitors for failing to obtain security for costs in an application brought by a company in liquidation with no assets.
• Advising a trustee in bankruptcy in relation to a bankrupt hiding assets and overseas bank accounts and properties in relation to application for the bankrupt’s court examination and the realisation of two properties hidden in the names of third parties.
• Advising the administrators and litigation funder in relation to the administration of an alternative investment management company, and the pursuit of claims against foreign officers of the company in misfeasance proceedings for in excess of €12m.
• Advising a trustee in bankruptcy in conjunction with French counsel in relation to the realisation of the bankrupt’s interest in a French property holding company, and the underlying property worth in excess of €1.5m.
• Advising various insolvency practitioners and litigation funders in relation to antecedent transaction or misfeasance proceedings or other realisation of property.
• Various Insolvency Act applications for extensions of administration, fee approvals and other routine matters.

Reported decisions:

• Coilcolor Ltd v Camtrex Ltd [2015] EWHC 3202 (Ch), [2015] 6 Costs LO 753, [2016] BPIR 1129, [2015] All ER (D) 90 (Nov) ­– representing successful claimant.
• Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch), [2022] All ER (D) 14 (Jul) – representing successful respondent.
• Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) – representing successful respondent.
• Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1110 (Ch), [2022] All ER (D) 09 (Jun) – representing successful respondent.