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Philip Woodfield

Partner
Bristol Office

CMS Cameron McKenna Nabarro Olswang LLP
College Square
2 Anchor Road
Bristol
BS1 5UE
United Kingdom
Languages English

Phil is a partner and leads our Finance Disputes Team in Bristol.

His extensive experience includes advising banks on regulatory matters of strategic importance, resolving particularly sensitive disputes and managing a growing team with a broad mix of complex and “business as usual” claims.

Recent highlights have included strategic advice on organised online frauds, commission disclosures and “Tomlinson” allegations, while managing a raft of claims relating to banking operations, fraud recoveries, mis-selling, professional negligence, enforcement of security and insolvency.

Phil regularly presents to clients on the latest legal developments and provides training on litigation tactics and strategy.

Phil is delighted to have been recognised with a band 1 ranking in Chambers 2018.

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"Clients say: "The lawyers remain cost-efficient whilst providing you with as much information as you need to make a final decision." "

Chambers

“a real goldmine of knowledge when it comes to banking cases” and “well suited to complex claims.”

Chambers, 2014

With his "excellent attention to detail," Philip Woodfield "takes the time to tailor his responses to address his clients' particular needs."

Chambers

“truly user friendly, and a very smart lawyer”

Chambers

Relevant experience

  • Complex business recoveries for major high street lenders.
  • Claims in professional negligence against surveyors, solicitors, accountants and other professionals.
  • All manner of banking operations related claims, including for example conversion, mistake, breach of mandate, constructive trust, defamation and negligent misstatement.
  • Freezing orders and effecting recoveries of the proceeds of frauds.
  • Resisting, through the higher courts, challenges to bank's standard forms, terms and conditions.
  • Mis-selling claims.
  • Commercial and insolvency disputes.
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Education

  • BSc (Hons), Bristol University
  • CPE, LPC (Distinction), The College of Law, Guildford.
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21 March 2019
CMS Fin­an­cial In­sti­tu­tions Op­er­a­tion­al Re­si­li­ence Re­port
Risk, Re­si­li­ence & Repu­ta­tion
14/05/2019
The Con­tin­gent Re­im­burse­ment Mod­el Code for APP scams, ef­fect­ive 28...
Read­ers will re­call that The Au­thor­ised Push Pay­ment (“APP”) Scams Steer­ing Group has agreed a Con­tin­gent Re­im­burse­ment Mod­el Code for APP scams (“Code”) which aims to pro­tect cus­tom­ers and re­duce the oc­cur­rence of APP fraud.
23/04/2019
FCA Feed­back State­ment (FS19/2) re: duty of care – cla­ri­fy­ing and...
The FCA has today pub­lished FS19/2: ‘A duty of care and po­ten­tial al­tern­at­ive ap­proaches: sum­mary of re­sponses and next steps’ (link). Read­ers will re­call that in Ju­ly 2018, the FCA pub­lished Dis­cus­sion Pa­per DP18/5 and in­vited views on wheth­er the in­tro­duc­tion.
12/04/2019
Bankers’ du­ties and sus­pi­cious pay­ments - ex­clud­ing the Quince­care...
The re­cent case of Fed­er­al Re­pub­lic of Ni­ger­ia v JP Mor­gan Chase Bank, NA [2019] EWHC 347 (Comm) provides a valu­able re­mind­er to banks of their Quince­care duty and, moreover, a help­ful dis­cus­sion of some cir­cum­stances in which it may be pos­sible for banks to.
19/12/2018
FCA in­tro­duces new rules on com­plaints about Au­thor­ised Push Pay­ment...
On 14 Decem­ber 2018, the Fin­an­cial Con­duct Au­thor­ity (“FCA”) pub­lished new rules al­low­ing vic­tims of Au­thor­ised Push Pay­ment (“APP”) fraud to com­plain to the pay­ment ser­vices pro­vider (“PSP”) re­ceiv­ing their pay­ment.
04/12/2018
UK banks re­spond to the Walk­er Re­view
On Fri­day 30 Novem­ber 2018, UK Fin­ance pub­lished its re­sponse to the Walk­er Re­view in­to the com­plaints and ADR land­scape for the UK’s SME mar­ket. The Walk­er Re­view fo­cused on dis­putes between pro­viders of fin­an­cial ser­vices and SME cus­tom­ers that re­main un­re­solved.
23/10/2018
Si­mon Walk­er’s SME Com­plaints and Res­ol­u­tion Re­view pub­lished today
Today, Si­mon Walk­er CBE, in­de­pend­ent chair of the UK SME Com­plaints and Res­ol­u­tions Re­view, has pub­lished his highly an­ti­cip­ated re­port sug­gest­ing changes to the com­plaints and al­tern­at­ive dis­pute res­ol­u­tion pro­ced­ures for small and me­di­um-sized en­ter­prises.
17/10/2018
210,000 SMEs to gain ac­cess to the Fin­an­cial Om­buds­man Ser­vice
The Fin­an­cial Con­duct Au­thor­ity (FCA) yes­ter­day con­firmed plans to ex­tend ac­cess to the Fin­an­cial Om­buds­man Ser­vice (FOS) to more small and me­di­um-sized en­ter­prises (SMEs). As the rules cur­rently stand, busi­nesses only qual­i­fy to use the free om­buds­man ser­vice.
02/10/2018
Re­spond­ing to the Rise of APP Fraud
Last week saw three not­able events for those closely fol­low­ing de­vel­op­ments in fin­an­cial trans­ac­tion fraud: On 24 Septem­ber 2018, UK Fin­ance pub­lished the 2018 half year fraud up­date. This high­lighted con­tin­ued high levels of fraud and the in­dustry’s on­go­ing.
23/11/2017
Se­cur­ity for costs: Court of Ap­peal rules that avoid­able ATE in­sur­ance...
Earli­er today, the Court of Ap­peal handed down a sig­ni­fic­ant judg­ment deal­ing with the ad­equacy of stand­ard form after-the-event (“ATE”) in­sur­ance to de­feat an ap­plic­a­tion for se­cur­ity for costs. In an un­an­im­ous rul­ing, the Court of Ap­peal over­turned the High.
28/04/2017
The ex­tent of an “in­form­a­tion duty” owed by a non-ad­vising bank to...
Thomas and an­oth­er v Tri­od­os Bank NV [2017] EWHC 314 (QB) In a re­cent mis-selling case, the High Court has ex­amined the ex­tent of the duty of care which a bank owes to a fixed rate loan cus­tom­er in the course of a non-ad­vised sale.
17/01/2017
A heavy dose of As­plin J provides the per­fect ton­ic for a PAG-gravat­ing...
Prop­erty Al­li­ance Group Lim­ited v Roy­al Bank of Scot­land plc [2016] EWHC 3342 (Ch) Sum­mary On 21 Decem­ber 2016 judg­ment in Prop­erty Al­li­ance Group Lim­ited v Roy­al Bank of Scot­land plc was handed down.