Peter BurgessCalled to the Bar 2019; admitted as a solicitor 2016
Peter specialises in Chambers’ core areas of practice, including banking and finance work, offshore litigation, corporate restructuring and insolvency, company law, and commercial litigation and arbitration.
Peter has a particular focus on financial matters and distressed debt situations, assisted by his experience as a solicitor and his admission in New York. He acts as sole counsel and as junior counsel to senior members of Chambers in large-scale banking, financial, and commercial cases.
Peter is also developing a significant international practice, having appeared unled in the BVI Commercial Court and the ECSC Court of Appeal, as well as instructed in matters involving the BVI, Bermuda, the Cayman Islands, Gibraltar, and Guernsey. He has a particular interest in issues of private international law, with experience of numerous cross-border matters and having won the prize for private international law at Harvard Law School.
Before joining South Square, Peter worked as a Judicial Assistant to Lord Sales, Lord Lloyd-Jones, and Lord Hamblen at the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council, assisting the Justices on numerous high-profile cases including: R (on the application of Miller) v The Prime Minister, on whether the advice given by the Prime Minister to the Queen that Parliament should be prorogued was lawful; Micula & Others v Romania, relating to the attempted enforcement of an investment arbitration award against Romania; and Sevilleja v Marex Financial Ltd, on the ‘reflective loss’ principle.
Peter is a former solicitor-advocate, with experience at a magic circle firm and a US law firm, working on banking, insolvency, and commercial litigation as well as international commercial and investor-state arbitration. He holds a first-class BA in Ancient and Modern History from the University of Oxford (where he was first in his year), a first-class LLB from the University of Law, and an LLM from Harvard Law School
- Acting as junior counsel for a restructuring plan of a renewable energy company (led by Mark Arnold KC and Charlotte Cooke).
- Re Everyday Lending Limited – Acted for a listed consumer finance company to promulgate a scheme of arrangement (led by Tom Smith KC).
- Acting as junior counsel for the administrators of an energy company (led by Felicity Toube KC).
- Drafted an opinion relating to the effect of a foreign scheme of arrangement on certain transactions (with David Allison KC).
- Provided an opinion relating to “connected” and “associated” persons under the Insolvency Act 1986.
- Instructed as sole counsel on various applications under the Insolvency Act 1986.
- Instructed as sole counsel on numerous administration extension applications.
- Advised on out-of-court administration appointments for UK and foreign companies.
- Drafted a skeleton argument for the convening hearing for a restructuring plan under Part 26A of the Companies Act 2006 (assisting Marcus Haywood).
- Drafted a skeleton argument for an application for hard bar dates and a longstop date in the special administration of an investment bank under the Investment Bank Special Administration Regulations 2011 (assisting Adam Al-Attar).
- Drafted a skeleton argument for a recognition application under the Cross-Border Insolvency Regulations 2006 (assisting Adam Al-Attar).
- Drafted a skeleton argument for an inspection application in a challenge under section 6 of the Insolvency Act 1986 to a company voluntary arrangement (assisting Henry Phillips).
- Drafted a skeleton argument for the sanction hearing of a restructuring plan under Part 26A of the Companies Act 2006 (assisting Charlotte Cooke).
- Drafted a skeleton argument opposing a recognition application under the Cross-Border Insolvency Regulations 2006 (assisting William Willson).
- Drafted a skeleton argument for an application for a retrospective administration order (assisting Clara Johnson).
- Credit Suisse Virtuoso SICAV-SIF & Anr v SoftBank Group Corp & Ors (ongoing) – Acting for the SoftBank Defendants in a $440m claim under section 423 (led by Tom Smith KC and Adam Al-Attar).
- Drafted an opinion relating to no action clauses and bondholders’ standing (with Tom Smith KC).
- Drafted an opinion relating to no action clauses and arbitration agreements (with Tom Smith KC).
- Trinity Investments Designated Activity Company v Cassini SAS & Ors (ongoing) – Acting for an investor in relation to their debt holding in the Comexposium Group which is subject to a French ‘sauvegarde’ insolvency process (led by Tom Smith KC and Matthew Abraham).
- Cithara Global Multi-Strategy SPC v Haimen Zhongnan Investment Development (International) Co Ltd – Appeared unled in the BVI Commercial Court for the successful applicant bondholders in a contested winding up petition. Appeared unled (against a KC) in the ECSC Court of Appeal to successfully resist a stay application.
- Advising on claims by liquidators of investment funds in the Cayman Islands.
- Drafted submissions on bondholder standing (in a New York law governed structure) for a winding up petition in the Cayman Islands.
- Re Seahawk China Dynamic Fund – Assisted Tom Smith KC, who acted for the successful respondent to a just and equitable winding up petition brought in the Cayman Islands respect of a hedge fund with a NAV over $400 million.
- Drafted the skeleton argument for a Cayman Islands company to restrain the presentation of a winding up petition in relation to a disputed debt (claimed at c. $140 million).
- Provided an opinion on issues arising in a Gibraltar administration.
- Drafted the particulars of claim for a Guernsey commercial misappropriation claim and skeleton argument for an application for service out of the jurisdiction.
- Drafted the reply statement of case for a Guernsey commercial case.
- Drafted pleading for a commercial claim for misappropriated assets.
- Drafted pleading for a commercial dispute over investment advice relating to alternative investments.
- Produced research notes on spreads and markups and regulatory background in a contractual brokerage dispute (assisting Adam Al-Attar).
- On various arbitration proceedings (as a solicitor):
- conducted extensive research into jurisdictional arguments under the relevant BIT in an investor-state arbitration;
- drafted elements of the Defence and Counterclaim and conducted research into breach of contract and professional negligence in an LCIA arbitration; and
- researched and produced memoranda on issues including intra-EU BITs, lis pendens, and SCC emergency arbitrator provisions.
- Advised directors on procedural issues relating to meetings of shareholders.
- Drafted points of defence and a counter-petition to an unfair prejudice petition relating to a marine construction company.
- Instructed as sole counsel on numerous applications under the Companies Act 2006.
|2023||Admitted as a Barrister of the Eastern Caribbean Supreme Court in the Territory of the Virgin Islands (BVI)|
|2020||Admitted to the New York State Bar|
|2019||Called to the Bar of England and Wales|
|2018||Admitted as a Solicitor-Advocate (Civil Proceedings)|
|2016||Admitted as a Solicitor of the Senior Courts of England and Wales|
Contributor to Company Directors: Duties, Liabilities and Remedies (Mark Arnold (ed), 4th edn, OUP (upcoming)) (‘Accounting Records and Disclosure Requirements’ and ‘Capital and Distributions’).
‘US distressed debt techniques and minority protection in English law’ (2022) 37(10) Journal of International Banking and Financial Law 667.
‘The end of the Amigo scheme saga: Re ALL Scheme Ltd  EWHC 1318 (Ch)’ (2022) 19(5) International Corporate Rescue 247.
Contributor to Tolley’s Insolvency Law (LexisNexis 2022) (‘Financial Services Institutions and Markets’).
‘Antecedent Transactions and Cryptocurrency: The Australian and English Perspectives’, with Lee Pascoe, South Square Digest (April 2022).
‘The Lehman litigation: the waterfall keeps falling’ (2022) 37(1) Journal of International Banking and Financial Law 7.
Editor of European Investment Law and Arbitration Review (2018 to present).
‘Non-Party Access to Witness Statements and Open Justice: Blue v Ashley  EWHC 1553’ (2018) 37(3) Civil Justice Quarterly 299.
|2018-2019||Harvard Law School, LLM|
|2012-2014||University of Law, London, LLB, First Class (comprised of LPC, Distinction, and GDL, Distinction)|
|2008-2011||Brasenose College, Oxford University, BA in Ancient and Modern History, First Class (first in year)|
|2019||Addison Brown prize for private international law (Harvard Law School)|
|2011||Finals prize (Brasenose College)|
|2010||Open Exhibitioner (Brasenose College)|
Chancery Bar Association
New York State Bar Association
Sailing, skiing, travel, history