Felicity Toube KC > South Square > London, England > Barrister Profile

‘The number one set for restructuring and insolvency matters,‘ South Square has all of its members specialising within insolvency and restructuring law. Members, such as Mark Phillips KC have appeared in significant and high-profile insolvency cases in the UK, such as Sova Capital Ltd in which Phillips KC, alongside William Willson, put an investment broker focussing on the Russian markets into administration, which raised numerous complex issues from valuing claims to dealing with client claims, as well as how Moscow-listed assets would be handled by a UK company. ‘Extremely knowledgeable and unflappable‘ junior Charlotte Cooke  has appeared in a number of high-profile insolvency and restructuring cases, including three times in the Supreme Court, while Felicity Toube KC has depth in experience includes acting in major insolvency cases such as Greensill and Liberty Steel. David Allison KC has developed a strong cross-border practice, handling insolvency cases in the British Virgin Islands, Bermuda and Hong Kong, whereas Clara Johnson is noted for her experience in bringing and defending claims brought by officer holders involving fraud and where urgent injunctive relief is required.

Comprising ‘great barristers‘ and providing ‘great service‘, South Square‘s recent track record includes large fraud claims commenced both in London and several offshore jurisdictions. Felicity Toube KC‘s broad practice covers civil fraud work, and she regularly appears in the Cayman Islands and BVI, as well as Bermuda, in high-stakes matters. In recent highlights, Tom Smith KC represented technology investment firm Softbank, in relation to claims made by Credit Suisse further to the collapse of supply chain finance business, Greensill; and at junior level, Robert Amey acted as sole counsel in the Eastern Caribbean Supreme Court, defending an alleged $50m fraudulent transaction. 

‘An excellent set of chambers‘, South Square‘s members are routinely involved in heavyweight commercial litigation, particularly cases with banking and financial law aspects. In Emtel Ltd v Cellplus Mobile Telecommunciations Ltd, a Privy Council appeal relating to alleged unlawful cross-subsidies paid under Mauritian law, Aidan Casey KC, who joined the set in June 2022 from 3 Hare Court, is instructed by Cellplus. In BNP Paribas v Uro Property, David Allison KC, led the counsel team representing BNP Paribas (BNP), which refused to release the security on a loan until a make-whole premium of approximately €250m was paid. Another leading silk, Felicity Toube KC is currently acting for the claimants in three sets of heavy litigation concerning the NMC Health scandal.

South Square is well-known within the offshore marketplace as a leading set for financial services, insolvency, company and fraud-related work, with members receiving instructions across a vast range of jurisdictions including the Cayman Islands, BVI, Bermuda and the Channel Islands. Multiple members are involved in ongoing litigation in the Cayman Islands in Port Fund (Cayman Islands) regarding a $100m claim arising from the management of a fund, raising complex questions regarding the duty of the general partner in Cayman Islands limited partner investment vehicles and the circumstances in which limited partners may bring derivative claims. Tom Smith KC and David Allison KC are representing the Kuwait Port Authority, across the table from Felicity Toube KC and Robert Amey  who are acting for the Gulf Investment Corporation. In the BVI, David Alexander KC acted in an appeal to the Privy Council in respect of an unfair prejudice and just and equitable winding up application in Ma v Wong. Meanwhile, David Allison KC and Richard Fisher KC were involved in the application for the appointment of a conflict liquidator to pursue litigation in Sian Participation Corporation (In Liquidation) v Halimeda International Limited, a dispute estimated to be worth several billion US dollars arising from the seizure from a port in Russia.