Tom has a broad commercial and chancery practice. He is described in the legal directories as “enjoyable to work with and a first-choice junior” (Chambers and Partners UK Bar 2022), an “effective advocate with a really impressive level of detail and expertise” (Chambers and Partners UK Bar 2021), as “a highly intelligent and effective litigator” (Legal 500 UK Bar 2022), and as having an “exceptional knowledge of the law” (Legal 500 UK Bar 2021).
Prior to joining XXIV, Tom was an associate at a boutique law firm, Omnia Strategy LLP, where he specialised in arbitration (both investment treaty and commercial) and public international law.
Tom’s experience includes general commercial disputes (both litigation and arbitration), banking and financial services disputes, aviation, trusts and estates litigation, company and insolvency law, and public international law. Tom has a particular interest in complex multi-jurisdictional disputes, whether for companies, private clients or states, which involve multiple forums and different systems of law.
Tom appears in both court proceedings (in the UK and offshore) and in arbitration. He is happy to be instructed on his own or as part of a larger team. Tom has recently appeared unled against QCs in five significant hearings in the English High Court and in the DIFC Courts.
Tom regularly appears in applications for urgent injunctive relief, including for pre and post-judgment freezing orders, proprietary injunctions, Norwich Pharmacal and Bankers Trust orders, and passport orders.
Tom is registered to appear as an advocate before the DIFC Courts and has a busy practice before those courts. He has also recently acted or advised in relation to matters in Jersey, Guernsey, Bermuda, Gibraltar, the Isle of Man, Hong Kong, the onshore UAE courts, and in ICC, LCIA, DIFC-LCIA and ICSID arbitrations.
Full details of Tom’s experience are set out in the practice area categories below. A selection of current and recent cases includes:
- The Serious Fraud Office v Litigation Capital Ltd  EWHC 1272 (Comm): Junior counsel for a bespoke litigation funder, Litigation Capital Limited, in a trial listed for 10 weeks before Foxton J, which involved allegations of fraud and dishonesty and complex competing proprietary claims. Part of long running and exceptionally complex proceedings brought by the Serious Fraud Office in relation to the property of Dr Gerald Smith arising out of a historic fraud (with Rupert Bowers QC, instructed by Keystone Law LLP)
- Cengiz İnşaat Sanayi ve Ticaret A.S v. Libya (ICC Case No. 21537/ZF/AYZ): Acted for the State of Libya in a USD 300 million investment treaty arbitration arising out of two large infrastructure projects which ceased after the Libya revolution and civil war (with Oliver Assersohn, instructed by MS-Legal)
- Larmag Holding B.V. v First Abu Dhabi Bank PJSC  DIFC CFI 030 (4 August 2019);  DIFC CA 010 (23 March 2020);  DIFC CFI 054 (30 August 2021): Acting for a Dutch property investor in a successful claim before the DIFC Courts arising out of the fraudulent acquisition of USD 70 million corporate bonds. The Court has made a proprietary injunction, pre and post-judgment freezing orders, and a passport order in support of the claim (with Michael Black QC, instructed by Clyde & Co LLP)
- Confidential matter in the DIFC Courts (ongoing): Acting for a bank responding to a contempt application for alleged assistance with the breach of a DIFC Court freezing order made against the bank’s customer (with Michael Black QC, instructed by HFW Middle East LLP)
- Standard Chartered Bank v Kazzaz  DIFC CFI 088: Sole counsel for Standard Chartered in a claim to enforce judgments of the Singapore International Commercial Court for USD 1.1 million. Obtained a worldwide freezing order for the bank in support of the claim (instructed by Al Tamimi & Company)
- Varano v Air Canada  EWHC 1336 (QB);  EWHC 1859 (QB): Sole counsel for Air Canada in a test case in the High Court concerning the proper jurisdictional scope of an EU regulation (Regulation (EC) No 261/2004) in accordance with customary international law limits on the EU’s legislative competence (instructed by Norton Rose Fulbright LLP)
- AELF MSN 242, LLC v Surinam Airways (CL-2021-000207): Sole counsel for Surinam Airways in a USD 7 million claim in the Commercial Court arising out of an aircraft lease agreement (instructed by Bird & Bird LLP)
- Everest Alliance v Maslovskiy (Re Petropavlovsk) (BL-2020-000992): Junior counsel for an activist shareholder, Everest Alliance, in an application for injunctive relief in relation to the composition of the board of a FTSE-listed Russian gold mining company after a contested AGM for the company (case covered extensively in the financial and general press) (with Francis Tregear QC, Gregory Banner QC and Caley Wright, instructed by Enyo Law LLP)
- Confidential matter (ongoing): Advising a syndicate of banks on a claim to recover USD 1.5 billion in sums owed under restructured facility agreements (with Tom Montagu-Smith QC, instructed by Quinn Emanuel Urquhart & Sullivan, LLP)
- AMRA Leasing v DAC Aviation (CL-2019-000762): Sole counsel for a Kenyan company specialising in humanitarian air services in an application in the Commercial Court to set aside a US$12 million default judgment arising out of various aircraft leases (instructed by Bird & Bird LLP)
- Confidential matter in the DIFC Courts (2018 to 2019): Junior counsel in a large and complex trusts dispute before the DIFC Courts relating to the ownership of a major family-owned conglomerate with interests in the hospitality, real estate and retail sectors (with David Brownbill QC and Tom Montagu-Smith QC, instructed by Clyde & Co LLP)
- Arabian Construction Company WLL v Credit Suisse Bank  DIFC CA 008 (29 March 2020): Junior counsel for a Kuwaiti company in the first DIFC Court of Appeal case considering the circumstances in which foreign judgments can be enforced under the Riyadh Convention or the GCC Convention (with Michael Black QC and Matthew Watson, instructed by Global Advocacy and Legal Counsel)
- Tabari v Tabarak Investment LLC  DIFC CFI 016 (30 April 2020);  DIFC CFI 016 (24 August 2020): Acted for the Claimants in an important case concerning the costs consequences of a late application to the Joint Judicial Committee (with Tom Montagu-Smith QC, instructed by Addleshaw Goddard (Middle East) LLP)
- Liga Lemberga v Serillo (PTC) Limited (2019/ORD/40): Acted for a major trusts and corporate services provider in the successful strike out of a claim by a beneficiary in the Gibraltar Courts. The strike out judgment considered the proper scope of the court’s supervisory jurisdiction over trust administration (with David Brownbill QC, instructed by Signature Litigation LLP)
- Spyropoulos v easyJet (BL-2020-000736): Sole counsel for easyJet in a test case concerning the interaction between airline terms and conditions, the assignability of the right to compensation under the EU flight delay regulation, and a solicitor’s equitable lien (instructed by Norton Rose Fulbright LLP)