Tom Smith KC > South Square > London, England > Barrister Profile

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. 

The ‘go-to set for all restructuring and insolvency mandates,‘ South Square has established an international presence in banking and financial litigation, having appeared in high-profile disputes including cases which give rise to issues of significant market importance, generally crossing over with the set’s pre-eminence in the insolvency space. One such example is the case of Galapagos Bidco SARL v Kebekus; Barings (UK) Ltd v Galapagos which saw Tom Smith KC, Daniel Bayfield KC, David Alexander KC, Henry Phillips and Ryan Perkins appear in a dispute arising out of a €1bn multi-jurisdictional finance restructuring, raising novel issues in relation to enforcement powers under intercreditor agreements, after a German court had wound up the company which was subject to an English administration petition. Richard Fisher KC has a good practice advising banks, hedge funds and trade parties in relation to structured finance issues and derivatives contacts, while Georgina Peters is noted for her work in high-profile banking disputes involving securisations, capital markets issuances and derivatives using ISDA contracts.

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.