Philip Fellows

Call:2007

Introduction and Contact details

Philip joined Hardwicke Building in December 2008 following pupillage at Wilberforce Chambers. His areas of particular interest are commercial and chancery law including both property and trusts work. In addition to these core areas of work Philip has experience of housing law, contentious probate proceedings, and applications under the Data Protection Act.
 
Philip regularly acts in both the County Courts and High Court on both procedural applications and trials. He also has experience of drafting pleadings and other documents in claims of varying complexity.
 
Philip enjoys jazz and folk music and attends a small church in East London.

Tel: 020 7691 0041
Fax: 020 7691 1234

E-mail: philip.fellows@hardwicke.co.uk

COMMERCIAL

Banking Finance and Credit

Philip has represented banks, credit institutions, and consumers in a wide range of domestic and international banking, finance and credit matters. He has recently acted in a team of barristers advising investors in derivative credit transactions following the collapse of Lehman Brothers. At the other end of the spectrum Philip has acted for a number of banks in relation to the recovery of charges levelled on current accounts.

Philip has also acted for other credit institutions advising on the effect and enforcement of hire-purchase agreements and other credit matters.

Companies

Philip has experience of a number of areas of company law. He has acted on his own and assisted others in preparing and presenting claims involving directors’ duties when administering company funds. He has also advised and acted in claims involving other aspects of the rules governing the conduct of companies and close analysis of company accounts.

In addition to the above Philip has been involved with a number of matters concerning the law governing corporate insolvency and its effect on a company’s obligations to third parties.

Construction and Engineering

Philip has acted as a junior in a number of high value construction and engineering disputes relating to the construction and repair of commercial premises in both the UK and abroad. He has assisted in drafting pleadings and other documents involving complex engineering issues. He also has experience advising upon the interpretation and effect of various UK standard form contracts and sub-contracts.
In addition to the above Philip has experience of advising and drafting pleadings concerning negligence by both constructors and engineers.

Insolvency and Restructuring

Philip regularly acts in claims involving issues of both corporate and individual insolvency.

Philip has acted for both creditors and debtors in relation to individual insolvency proceedings. This has included advising on the form of statutory demands and bankruptcy petitions and their proper means of service and representing creditors and debtors at various hearings during the bankruptcy process. He has also been involved in preparing seminars on the effect of individual insolvency on mortgage transactions.

Philip has experience of cases involving the appointment of administrators and liquidators in the event of corporate insolvency as well as the effect of that insolvency on the company’s other obligations. Examples of the issues with which he has been concerned include the payment of rent on commercial property as an administrative expense and the anti-deprivation principle in the context of domestic and international insolvency.

Professional Negligence

Philip has experience of a broad spectrum of professional negligence claims including negligence by solicitors, building contractors, landlords, and local authorities. He is particularly interested in property related professional negligence although he also has experience of negligence in a construction, general commercial, and public law context.

Insurance

All Risks

Philip has acted in and advised on high value claims involving the interpretation and application of Construction All Risks policies in the UK and abroad. Those claims have involved assessing the entitlement of sub-contractors to the benefit of the CAR policy and the interpretation of the policy itself.

Construction/Engineering

Philip has acted as a junior in a number of high value insurance led construction and engineering disputes in both the UK and abroad. He has assisted in drafting pleadings and other documents involving complex engineering and insurance issues. He also has experience advising upon the interpretation and application of both Construction All Risks and Public Liability policies.

Occupier’s Liability

Philip accepts instructions in all areas of property related insurance including that concerning occupier’s liability.

Professional Indemnity

Philip has been involved in a number of insurance led professional negligence cases. His experience extends to negligence in several different disciplines including that of conveyancers, solicitors, engineers, constructors, and local authorities.

Property and Private Client

Inheritance and Probate

Philip has experience claims involving a number of different aspects of inheritance and probate law. That experience includes issues relating to the application of the Wills Act, the interpretation of wills, and advising and representing creditors of an intestate deceased.

Land and Real Property

Philip acts in all aspects of land and real property law. He takes a practical commercial view of land law and seeks to bring his broader experience of commercial law to bear on mortgage and other real property issues.

He has been involved in claims involving boundary disputes, the ownership of boundary features, trespass, easements, and restrictive covenants. He also regularly advises on the informal creation of trusts of land and estoppel based proprietary interests.

In addition to the above Philip regularly acts in cases involving all aspects of mortgage related transactions including the creation and enforcement of legal and equitable mortgages, the recovery of mortgage debts after a significant period, and issues surrounding the proper valuation of mortgage assets. He regularly acts for unsecured creditors seeking to obtain charging orders over land.

Landlord & Tenant Commercial

Philip has been involved on both sides of commercial landlord and tenant claims. He also has experience of issues surrounding the creation and termination of commercial leases and the effect of the insolvency of tenants on their lease based obligations.
In addition to the above Philip has experience advising on the interpretation of commercial leases together with on issues arising under the Landlord & Tenant Act 1954 and lease based renewal and review provision

Landlord & Tenant Residential

Philip regularly acts in residential landlord and tenant matters. He has represented landlords in obtaining a range of injunctions to enforce tenant’s obligations in leases together with damages. He also regularly advises and represents landlords in possession claims against residential tenants. In addition to the above Philip has acted for tenants in enfranchising claims.

Trusts

Philip has acted in a wide range of claims involving both express and implied trusts. He has acted in high value matters concerning complicated banking trusts. He has advised on the proper law governing international trusts in the context of complex derivative transactions. He has also advised on the proper interpretation of trust documents in a banking context and the remedies available to individual investors in the case of breach of trust by a corporate trustee.

In addition to his work with express commercial trusts Philip regularly advises on the existence and effect of implied trusts in a family context and finds that this complements his general real property work.

Trusts of Land

Philip regularly acts in claims concerning trusts of land. He has experience dealing with informal trusts in the context of family breakdown and has advised and represented individuals in claims against both their former partners and creditors. Philip also acts in cases involving express trusts of land created in wills and other documents.

As part of his work in the context of trusts of land, Philip has acted on claims involving applications for an order for sale by a beneficiary of a trust of land or her secured creditors. He has also acted in matters involving the obligations of trustees of land to beneficiaries and the obligations between beneficiaries including issues such as the payment of occupation rents.