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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

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Is there any authority upon putting a small claims level claim within the fast track for reasons of
Is there any authority upon putting a small claims level claim within the fast track for reasons of
Q&A

This Q&A considers allocation of claims to fast track for reason of complexity.

Under the Pre-Action Protocol for Debt Claims, does the time limit for the debtor's response include Bank
Under the Pre-Action Protocol for Debt Claims, does the time limit for the debtor's response include Bank
Q&A

This Q&A discusses whether the time limit for the debtor's response includes Bank Holidays under the Pre-Action Protocol for Debt Claims.

What is the limitation period for a B2B debt claim? Will the limitation period be paused or stopped on
What is the limitation period for a B2B debt claim? Will the limitation period be paused or stopped on
Q&A

This Q&A considers what the limitation period is for a business to business debt claim and whether the limitation period would be paused or stopped on issuance of a notice of default, or whether proceedings must be commenced.

When pursuing a debt in Euros, for the purposes of calculating the value of the claim for determining
When pursuing a debt in Euros, for the purposes of calculating the value of the claim for determining
Q&A

This Q&A considers whether the converted sterling value should be used when pursuing a debt in Euros when calculating the value of a claim for determining High Court or County Court issue thresholds and issue fee and solicitor’s costs for inclusion on the claim form.

Where a bailiff is appointed, can you add the bailiff’s fee to the costs owed for debt recovery on the
Where a bailiff is appointed, can you add the bailiff’s fee to the costs owed for debt recovery on the
Q&A

This Q&A considers whether a bailiff’s fee can be added to the costs owed for debt recovery on the order of enforcement.

Where a claim form is served on a defendant at their address by post while they are out of the country on
Where a claim form is served on a defendant at their address by post while they are out of the country on
Q&A

This Q&A considers the circumstance where correct service has been carried out by post but, due to the defendant being away from their address for an extended period of time, they had not been aware of the claim and default judgment has been entered against them. It is then asked whether there is an obligation on the claimant to set aside the judgment or for them to consent to it being set aside upon an application by the defendant.

Where a debtor has paid a debt which it subsequently believes it did not need to pay, can it bring a
Where a debtor has paid a debt which it subsequently believes it did not need to pay, can it bring a
Q&A

This Q&A considers whether a claim for repayment can be brought after a debtor has paid a debt which they did not need to, and any time limitations.

Where a director personally guarantees the debts of their own limited company, is that guarantee subject
Where a director personally guarantees the debts of their own limited company, is that guarantee subject
Q&A

This Q&A considers whether a personal guarantee of a director in relation to the debts of their own limited company is subject to the debt pre-action protocol.

Where the judgment debtor is in prison can you make a CPR 71 request for further information against them
Where the judgment debtor is in prison can you make a CPR 71 request for further information against them
Q&A

This Q&A considers whether a CPR request for further information can be made against a judgement debtor in prison of if the High Court Enforcement Officer attempt recovery at the debtors last known address.

X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though
X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though
Q&A

This Q&A considers whether the freeholder via a management company can serve a claim on a leasehold owner of a flat and via email despite having the knowledge that X is abroad, though details of his location are unknown.

County Court judgment creditor—flowchart
County Court judgment creditor—flowchart
Flowcharts

This flowchart sets out the different enforcement options available when the judgment creditor has obtained a County Court money judgment.

High Court judgment creditor—flowchart
High Court judgment creditor—flowchart
Flowcharts

This flowchart sets out the different enforcement options available when the judgment creditor has obtained a High Court money judgment.

Third party debt orders—flowchart
Third party debt orders—flowchart
Flowcharts

This flowchart provides a visual guide to the process for applying for a third party debt order as a means of enforcing a money judgment.

First 2 Last

Practice Area

Panels

  • Consulting Editorial Board
  • Q&A Panel

Qualified Year

  • 2006

Membership

  • Chartered Institute of Legal Executives
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