Philip Hinks
Philip, barrister at 3 Verulam Buildings, has a strong commercial practice which sees him regularly instructed in high-value and complex matters, particularly in relation to general commercial, company and insolvency disputes. He has a particular expertise in cases with a civil fraud angle. For example, he was part of the legal team representing the FCA in the Court of Appeal in what is the leading authority on collective investment schemes and the first fully-contested Unauthorised Business trial. He also represented the liquidator, led by Marcia Shekerdemian, in Re Ultraclass Ltd, where freezing and proprietary injunctions were obtained in support of misfeasance proceedings arising out of an alleged ‘land banking’ fraud.
Chambers UK 2015 recommended Philip as a leading junior for Restructuring/Insolvency: "He exudes authority, and has the ability to grasp complex issues quickly." Previous directories quote Philip as “Frighteningly efficient and very bright." "A really excellent junior."
Practice Areas
Panel
- Contributing Author
Qualified Year
- 2008
Qualification
- LLB (Bristol), BCL
Education
- University of Bristol
2 Contributions by Philip Hinks
PRACTICE NOTES
Bankruptcy and Pensions: exclusions, approved/unapproved schemes, IPOs, drawdown, and enforcement by judgment creditors—pre‑2000 and post‑2000 regimes with key authorities
The position of a personal pension on bankruptcy
Once a bankruptcy order is made, the bankrupt’s estate automatically passes to the official receiver, or to an insolvency practitioner appointed at that time, who serves as the first trustee in bankruptcy. Certain items are excluded, such as tools and equipment needed for the bankrupt’s trade, and clothing and similar essentials necessary to meet basic domestic needs. This Practice Note explains what happens to an individual’s pension entitlements when a bankruptcy order is made. It looks at the impact of bankruptcy on occupational, personal and state pension arrangements.
Bankruptcies predating 29 May 2000
This section applies to individuals made bankrupt following bankruptcy petitions lodged before 29 May 2000. Rights gained under personal and occupational pension schemes are generally recoverable by the trustee in bankruptcy. A debtor’s contractual rights under these arrangements are treated as choses in action within the broad definition of property in section 436 of the Insolvency Act 1986 (IA 1986). As a result, contributions are regarded as forming part of the bankruptcy estate and are therefore available for the benefit of the bankruptcy creditors...
Restructuring & Insolvency
PRACTICE NOTES
The Duomatic principle in UK company law: requirements, scope, applications (service contracts, amendments to articles, buybacks, share transfers, substantial property transactions), ostensible authority and beneficial shareholders, limitations, and filing obligations
The principle defined
Company decisions are taken by shareholders through resolutions. A company’s resolution can be validly approved in three ways:
by employing the statutory written resolution procedure (available only to private companies and subject to specified exceptions) (see Practice Note: Written resolutions for further details on this process)
at a meeting of the company’s members, duly convened and conducted in accordance with the Companies Act 2006 (CA 2006) or the company’s articles of association (see Practice Note: Member resolutions for further information)
where applicable, under the Duomatic principle, described in Re Duomatic Ltd as: '...where it can be shown that all shareholders entitled to attend and vote at a general meeting agree to a matter that such a meeting could give effect to, that agreement is as binding as a resolution would generally be.' It has subsequently been restated as: 'The essence of the Duomatic principle, as I see it, is that [certain formalities] can be avoided if all members of the group [being the persons entitled
...
Corporate
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