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Phil Roberts#3856

Phil Roberts

Clarke Willmott
Phil began his career in debt recovery over 20 years ago and went on to join national law firm Clarke Willmott LLP in 2004. He is now a partner in the firm and jointly leads the firm's Debt Recovery team. The team is one of the largest in the UK, and its client base includes government departments, local authorities, utility companies, insurance companies, commercial businesses and FCA regulated companies.

Phil leads on all complex cases and technical queries and manages a personal caseload of bespoke, complex recovery actions. He has particular expertise in insolvency action (defended and undefended), all forms of debt litigation (volume, defended and undefended), enforcement, judicial review, complex orders for sale and leasehold recoveries.

The Debt Recovery team is ranked in tier 1 by the Legal 500 and Phil has been recognised by clients previously in the directory for providing 'proactive recovery solutions', being 'calm and reassuring' and being 'Diligent and conscientious'.

Phil is recognised as an expert in the field of debt recovery litigation and is regularly invited to speak at conferences and other events.
Contributed to

30

When to seek a third party debt order—spotting the opportunities
When to seek a third party debt order—spotting the opportunities
Practice notes

This Practice Note is designed to assist in spotting opportunities for when a Third Party Debt Order (TPDO) can be used as a means of enforcing a money judgment.

Under the Pre-Action Protocol for Debt Claims, does the time limit for the debtor's response include Bank Holidays?
Under the Pre-Action Protocol for Debt Claims, does the time limit for the debtor's response include Bank Holidays?
Q&As
What is the limitation period for a B2B debt claim? Will the limitation period be paused or stopped on issuance of a notice of default or must proceedings be commenced?
What is the limitation period for a B2B debt claim? Will the limitation period be paused or stopped on issuance of a notice of default or must proceedings be commenced?
Q&As
When pursuing a debt in Euros, for the purposes of calculating the value of the claim for determining High Court or County Court issue thresholds and issue fee and solicitor’s costs for inclusion on the claim form, do you need to use the converted sterling value?
When pursuing a debt in Euros, for the purposes of calculating the value of the claim for determining High Court or County Court issue thresholds and issue fee and solicitor’s costs for inclusion on the claim form, do you need to use the converted sterling value?
Q&As
Where a bailiff is appointed, can you add the bailiff’s fee to the costs owed for debt recovery on the order for enforcement? Or do you need a new order for the bailiff fee to be added?
Where a bailiff is appointed, can you add the bailiff’s fee to the costs owed for debt recovery on the order for enforcement? Or do you need a new order for the bailiff fee to be added?
Q&As
Where a claim form is served on a defendant at their address by post while they are out of the country on extended holiday and is therefore unaware of the claim and is unable to file an acknowledgment of service in time, and default judgment is subsequently entered against them, is this classed as a wrongly entered judgment? If so, is there an obligation on the claimant to get the judgment set aside or consent to it being set aside?
Where a claim form is served on a defendant at their address by post while they are out of the country on extended holiday and is therefore unaware of the claim and is unable to file an acknowledgment of service in time, and default judgment is subsequently entered against them, is this classed as a wrongly entered judgment? If so, is there an obligation on the claimant to get the judgment set aside or consent to it being set aside?
Q&As
Where a debtor has paid a debt which it subsequently believes it did not need to pay, can it bring a claim for repayment and/or set off against other amounts owed? What limitation issues may arise?
Where a debtor has paid a debt which it subsequently believes it did not need to pay, can it bring a claim for repayment and/or set off against other amounts owed? What limitation issues may arise?
Q&As
Where a director personally guarantees the debts of their own limited company, is that guarantee subject to the debt pre-action protocol?
Where a director personally guarantees the debts of their own limited company, is that guarantee subject to the debt pre-action protocol?
Q&As
Where the judgment debtor is in prison can you make a CPR 71 request for further information against them or can the High Court Enforcement Officer attempt recovery at the judgment debtor’s last known address?
Where the judgment debtor is in prison can you make a CPR 71 request for further information against them or can the High Court Enforcement Officer attempt recovery at the judgment debtor’s last known address?
Q&As
X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?
X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?
Q&As
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Practice Area

Panels

  • Consulting Editorial Board
  • Q&A Panel

Qualified Year

  • 2006

Membership

  • Chartered Institute of Legal Executives
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