Download as PDFRichard Snowden QC

Richard Snowden QC - barrister at Erskine Chambers

Called: 1986

Silk: 2003

Personal

Date of Birth: 22 March 1962
Nationality: British
Married, two children

Education

M.A. (Downing College, Cambridge) 1st Class
Gottlieb Prize in Part 1B Law Tripos (1982) for top student in University
LL.M. (Harvard Law School)
Choate Memorial Fellow, Harvard University, 1984-1985
Denning Scholar of Lincoln’s Inn, 1985
Called to the Bar, June 1986
Supervisor in Company Law, Downing College, Cambridge, 1986-1989
Appointed Junior Counsel to the Crown (A Panel) 1999
Appointed member of the Insolvency Rules Committee 2002
Appointed Queen's Counsel 2003
Appointed a Recorder of the Crown Court 2006
Appointed a Deputy High Court Judge of the Chancery Division 2008

Description of Practice

Company law and commercial litigation; corporate insolvency; financial services. Currently, about 75% of cases are contentious matters, with the remainder being noncontentious advisory work.

Recent contentious matters in the company, commercial and financial services fields include litigation arising out of breach of directors’ duties, shareholder disputes, disputes arising from take-overs and acquisitions, contested reductions of capital and schemes of arrangement, litigation in the Commercial Court over bank charges for unauthorized overdrafts, disputes in the UK and abroad concerning split capital trusts and investment funds, and international arbitrations under the UNCITRAL rules in London in relation to investment finance agreements in the Czech Republic and under the ICC rules in Paris in relation to a joint venture in the semi-conductor industry.

In the field of corporate insolvency and restructuring, recent contentious matters include litigation arising out of a number of major international insolvencies, disputes relating to priorities, contested schemes of arrangements, litigation concerning the priority of liquidation expenses and the enforcement of security, proprietary claims to assets held by insolvent companies, and litigation in Hong Kong concerning the enforcement of bank security, knowing receipt and dishonest assistance.

Notable cases include acting for the successful employees in Paramount Airways (Powdrill v. Watson); for Morgan Stanley in substantial litigation relating to Maxwell; for the bondholders in the hearings to approve the sale of Barings to ING; for Lloyds of London in litigation in Bermuda relating to the insolvency of EMLICO; for the Luxembourg liquidators of BCCI in litigation in England relating to the transmission of funds from England to the Luxembourg liquidators, and for the English liquidators of BCCI in a challenge to their settlement of claims; for the Financial Services Authority in relation to Equitable Life following the decision of the House of Lords; for the company in the restructuring of Garuda (the Indonesian airline); for the liquidators of Railtrack Group plc in relation to distributions to members; for the company and subsequently for the administrators of the TXU group including litigation relating to pension liabilities; for the liquidators of Leyland Daf Ltd in Buchler v. Talbot concerning the liquidation expenses; for the companies in the closure schemes for KWELM and Bermuda Fire and Marine Insurance Company; for the company in the restructuring of Telewest plc; for AIG in SSSL Realisations concerning contractual subordination and disclaimer; for the administrators of the T & N group in relation to the restructuring of Federal-Mogul; for the successful defendants in the leading directors’ duties case of Ultraframe v. Fielding; for the liquidators of the Univest companies in litigation in the Cayman Islands; for two substantial US funds in relation to Eurotunnel; for the insolvent companies in relation to the closing schemes for Sovereign Marine & General Insurance Company and the WFUM pool, for financial creditors in relation to the administration of Metronet, for HSBC in the Commercial Court in relation to bank charges, and for KBank of Thailand in relation to the insolvency of Akai Holdings in Hong Kong.

Non-contentious work in the company area has included advice concerning the bid for Canary Wharf plc, on corporate reconstructions and financial assistance, on equity issues and the acquisition of own shares, and on the terms and impact of shareholder agreements. Advice has also been given to a number of leading sports clubs and associations on constitutional and commercial issues.

In the financial services area, notable work has included acting for the Financial Services Authority on issues relating to the regulation of insurance companies (including Equitable Life after the decision of the House of Lords), for an asset management group under investigation in relation to split capital trusts, and for HSBC in relation to bank charges.

Publications

Joint Editor, Lightman & Moss, The Law of Administrators and Receivers of Companies, Sweet & Maxwell (4^th ed., 2007)
Joint Editor, Company Directors: Law and Liability (Sweet & Maxwell, looseleaf).
Contributor, Derivative Claims under the Companies Act 2006, Directors' Duties under the Companies Act 2006 and Directors' Duties under the Companies Act 2006: Part 3, CPDcast.com.

Professional Organisations

The Chancery Bar Association, The Commercial Bar Association (member of the Executive Committee) and The Insolvency Lawyers Association.

Interests

Rugby, cricket, golf, music, photography.

Case List

Re Imperial Motors (UK) Ltd
Ref: [1989] 5 BCC 214
Re Piccadilly Radio plc
Ref: [1989] 5 BCC 692
Re Hewitt Brannan (Tools) Co. Ltd
Ref: [1990] BCC 354
Exchange Travel Agency v. Triton Property Management
Ref: [1991] BCC 341
Re Hydrosan Ltd
Ref: [1991] BCC 19
Re Record Tennis Centres Ltd
Ref: [1991] BCC 509
Sun Alliance v. RJL
Ref: [1991] 2 Lloyds Rep. 410
Re Marwalt Ltd
Ref: [1992] BCC 32
Re Olympia & York Canary Wharf Ltd
Ref: [1993] BCC 154
Liquidators of First Tokyo Investment Trust v. Morgan Stanley
Ref: (Times, 1 December 1993)
Paramount Airways Ltd [1993] BCC 662, [1994] 2 All ER 513 (CA)
Ref: [1995] 2 AC 394 (HL)
Re Heron International NV
Ref: [1994] 1 BCLC 667
Law Debenture Trust Corporation v. Ural Caspian
Ref: [1993] 1 WLR 138, [1995] Ch 152 (CA)
Supreme Travels v. Little Olympian
Ref: [1994] BCC 947
Re Comet Enterprises Ltd
Ref: [1994] BCC 883
Re Dominion International Group plc
Ref: [1995] 1 BCLC 570
Re Barings Bank plc
Ref: (Scott V-C, Times 7 March 1995)
Re ILG plc
Ref: [1995] 2 BCLC 128
Re Dominion International Group plc (No. 2)
Ref: [1996] 1 BCLC 572
Re BCCI SA (No. 10)
Ref: [1996] 4 All ER 796, [1997] 2 WLR 172
ex parte Austintel Limited
Ref: [1997] 1 WLR 616 (CA)
Re Copeland & Craddock Ltd
Ref: [1997] BCC 294
Re a Company (No. 004415 of 1996)
Ref: [1997] 1 BCLC 479
Re Telesure Ltd
Ref: [1997] BCC 580
Re Astec (BSR) plc
Ref: [1998] 2 BCLC 556
Re Osiris Insurance Limited
Ref: [1999] 1 BCLC 182
Re Ransomes plc
Ref: [1999] 1 BCLC 775
Re Equity Nominees Limited
Ref: [1999] 2 BCLC 19
Arrow Nominees Inc. v. Blackledge
Ref: [2000] 1 BCLC 709, [2000] 2 BCLC 167 (CA)
Mahomed v. Morris
Ref: [2000] 2 BCLC 536
Re TransTec Automotive (Campsie) Limited
Ref: [2001] 1 BCC 403
Re Anglo American Insurance Limited
Ref: [2001] 1 BCLC 755
Re Leyland Daf Limited
Ref: [2001] 1 BCLC 419, [2002] 1 BCLC 571, [2004] 2 AC 298 (HL)
Re Garuda Indonesia
Ref: [2001] EWCA Civ 1696
Re Demaglass Limited
Ref: [2003] 1 BCLC 412
Re Coats plc
Ref: [2003] EWHC 2471 (Ch)
igroup v. Ocwen
Ref: [2004] 2 BCLC 61
Re TXU Europe Group plc
Ref: [2004] 1 BCLC 519
Re Telewest Communications plc
Ref: [2004] BCC 342, [2005] BCC 29 (CA), [2005] BCC 36
Re Baumler (UK) Limited
Ref: [2005] 1 BCLC 92
Re SSSL Realisations (2002) Ltd, Squires v. AIG
Ref: [2005] 1 BCLC 1, [2007] 1 BCLC 29 (CA)
Ultraframe v. Fielding
Ref: [2005] EWHC 1638, [2006] EWCA Civ 1133, [2006] Civ 1660
Re T&N Limited
Ref: [2005] 2 BCLC 488
Re T&N Limited
Ref: [2006] 1 WLR 1728
Re T&N Limited (No.2)
Ref: [2006] 1 WLR 1792
Re T&N Limited (No.3)
Ref: [2006] 1 WLR 2831
Sovereign Marine & General Insurance Co. Ltd
Ref: [2007] 1 BCLC 228
Akai Holdings Limited v. Kasikorn bank
Ref: [2008] HKCFI 431
Office of Fair Trading v. Abbey National plc + Ors.
Ref: [2008] EWHC 875 (Comm)