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Philip Woodfield

Partner
Bristol Office

Portrait of Philip Woodfield

Philip Woodfield

Partner
Bristol Office

Contact
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

"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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Expertise

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17/03/2022
Court of Ap­peal de­cides that, in prin­ciple, banks can be li­able to an in­di­vidu­al...
In a judg­ment handed down on 14 March 2022 (Phil­ipp judg­ment), the Court of Ap­peal has de­cided that it is at least pos­sible in prin­ciple that a rel­ev­ant duty of care could arise in the case of a cus­tom­er...
Law-Now Banking & Finance
08/09/2021
Quince­care and turn­ing a blind eye –  high hurdles to over­come
The Court of Ap­peal has handed down a judg­ment al­low­ing a Bank’s re­quest to strike out the ma­jor­ity of a claim brought against it in re­la­tion to al­leged breach of the Quince­care duty and provid­ing fur­ther...
Law-Now Restructuring & Insolvency
14/05/2021
FCA pub­lishes ‘CP21/23: A new “Con­sumer Duty”’ (owed by fin­an­cial ser­vices...
Today, the Fin­an­cial Con­duct Au­thor­ity pub­lished ‘CP21/13: A new Con­sumer Duty’, its con­sulta­tion on in­tro­du­cing a new “Con­sumer Duty” for fin­an­cial ser­vices firms deal­ing with con­sumers. The...
Law-Now Banking & Finance
08/02/2021
Up­com­ing FCA Con­sulta­tion: A duty of care and po­ten­tial al­tern­at­ive ap­proaches
This Spring, the Fin­an­cial Con­duct Au­thor­ity (FCA) is due to con­sult on pro­pos­als to in­tro­duce an ex­tens­ive duty of care owed by fin­an­cial ser­vices pro­viders to con­sumers.[1] This con­sulta­tion will mark...
Law-Now Banking & Finance
27/10/2020
Bank’s Quince­care duty and dis­hon­est as­sist­ance
The Eng­lish High Court has re­cently handed down an im­port­ant judg­ment in re­la­tion to the Quince­care duty and dis­hon­est as­sist­ance. In a pre­lim­in­ary hear­ing the Court con­sidered an ap­plic­a­tion by the de­fend­ant...
Law-Now Commercial
20/05/2020
Pos­ses­sion Pro­ceed­ings dur­ing COV­ID: PD51Z stay only to be lif­ted in ex­cep­tion­al...
Prac­tice Dir­ec­tion 51Z came in­to ef­fect on 27 March 2020 and im­posed a blanket stay of 90 days on all pos­ses­sion pro­ceed­ings brought un­der Part 55 of the Civil Pro­ced­ure Rules (ex­clud­ing claims for in­junct­ive...
Law-Now Real Estate
15/04/2020
Mar­gin calls: the pit­falls to avoid
In­tro­duc­tion The COV­ID-19 crisis and in­duced lock­down meas­ures taken by nu­mer­ous gov­ern­ments are start­ing to have a sig­ni­fic­ant im­pact on the glob­al eco­nomy.  The full eco­nom­ic ef­fects will only be known...
Law-Now Banking & Finance
31/10/2019
Su­preme Court un­an­im­ously dis­misses ap­peal in Sin­gu­lar­is v Daiwa
In a lead­ing case on a fin­an­cial in­sti­tu­tion’s Quince­care duty of care to its cus­tom­er, the Su­preme Court has dis­missed Daiwa’s ap­peal in Sin­gu­lar­is Hold­ings Lim­ited (in li­quid­a­tion) v Daiwa Cap­it­al...
Law-Now Insurance
18/10/2019
Court of Ap­peal up­holds first in­stance de­cision on ex­clud­ing the Quince­care...
Earli­er this month, on 8 Oc­to­ber 2019, the Court of Ap­peal (Lord Justice Baker, Lady Justice Rose and Sir Bern­ard Rix) un­an­im­ously up­held the first in­stance de­cision of Pro­fess­or An­drew Bur­rows QC in...
Law-Now Insurance
14/05/2019
The Con­tin­gent Re­im­burse­ment Mod­el Code for APP scams, ef­fect­ive 28 May...
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...
Law-Now Risk & Investigations
23/04/2019
FCA Feed­back State­ment (FS19/2) re: duty of care – cla­ri­fy­ing and strength­en­ing...
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...
Law-Now Insurance
12/04/2019
Bankers’ du­ties and sus­pi­cious pay­ments - ex­clud­ing the Quince­care duty...
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...
Law-Now Insurance
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