Tom has substantial experience of Commercial Litigation and is able to provide commercially focussed advice on legal issues commonly experienced in business.
He is also an effective trial advocate, and has experience of conducting trials in a range of matters on behalf of commercial parties which involve complex issues of fact and law. He most recently acted for the successful Claimant in a two-day trial of a substantial debt dispute.
As well as accepting instructions in lower value matters, in his practice at the Bar to date Tom has also been instructed in highly complex and high-value litigation, including the Volkswagen Diesel Emissions litigation and in a claim against BHP Billiton following the collapse of the Fundão Dam in South-eastern Brazil.
In addition to trial experience, Tom has considerable experience of making interim applications, including for strike out/summary judgement, injunctive relief, and to set aside default judgements. He also has experience of obtaining Extended Civil Restraint Orders against vexatious litigants, as well as of making applications contesting the court’s jurisdiction.
Tom has considerable experience of banking and finance litigation, and was previously seconded to the Litigation and Special Investigations team of a major bank.
Tom’s recent practice includes:
- Advising on the practical effect of the Recast Brussels Regulation and Rome I, and the ability to enforce the judgment of a foreign court in the UK.
- Successfully acting for the Claimant in the trial of a contractual dispute in which the Defendant raised various allegations as to misrepresentation and forgery.
- Successfully acting for the Claimant in the trial of a debt claim which involved a number of issues, including whether: (1) notice of an assignment from a company in administration to the Claimant was defective; (2) the Defendant had an equitable right of set off; (3) the assignor had appointed the officers of a separate company as their agents with authority to agree a write off of the debt before it was assigned.
- Successfully acting as led junior in an appeal which determined whether a commercial contract was an enforceable Damages Based Agreement.
- Obtaining an injunction against a former employee of an IT business.
- Obtaining relief from sanction in a variety of circumstances, including as to the failure to file witness evidence and the non-payment of court fees.
- Advising on claims against high street banks pursuant to the Consumer Credit Act 1974.
- Advising a business in respect of breaches of a Joint Venture Agreement relating to shared rights over agricultural property.
- Advising a West African company on civil bribery law and data protection policy.
Further, in his practice as a solicitor before being called to the Bar, Tom was involved in a variety of high profile and high value cases, which include:
- Defending a major German bank in a £500 million dispute between a lending syndicate and high net-worth individual which alleged ‘front-running’ and conspiracy.
- Acting for a Belgian entity in a Judicial Review of a decision by a UK public body to abort a tender process after a multi-million-pound rail infrastructure project was abandoned.
- Acting in an arbitration on behalf of an American client against a Ukrainian hotel owner in a dispute as to the interpretation of a foreign-exchange mechanism used in a Deed of Indemnity.