Tom has a broad commercial and chancery practice across the range of Chambers’ work. His experience includes general commercial disputes (often including conflicts of law and jurisdiction), arbitration, trusts and estates litigation, banking and financial services disputes, and public international 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. As well as acting as counsel, Tom accepts appointments as a tribunal secretary in commercial and investment treaty arbitrations under a variety of institutional rules or ad hoc.

Tom has a particular interest in investor-state arbitration having previously been an associate at a law firm specialising in investor-state arbitration and public international law.

Tom is registered to appear as an advocate before the Courts of the Dubai International Financial Centre.

Full details of Tom’s experience are set out below. A selection of current and recent cases include:

  • Acting for a North African state in an investment treaty arbitration arising out of two large infrastructure projects allegedly worth US$300 million
  • Acting in a large and complex trusts dispute before the DIFC Courts
  • Advising on a proposed US$600 million claim against an African state
  • Acting as sole counsel in an LCIA arbitration in the technology sector
  • Acting in a LCIA arbitration between CIS parties
  • Acting in a DIFC-LCIA arbitration in the telecommunications sector
  • Acting in an English Commercial Court claim arising out of the sale of an aircraft
  • Acting for a US financial institution in a US$1billion claim against a UK bank
  • Acting for a prominent international businessman in a potential claim between parties to a joint venture

Areas of experience

Checked sections will be included in the PDF download.

Select: All | None

  • Arbitration

    Arbitration and arbitration-related court applications are a central focus of Tom’s practice.

    Recent instructions include:

    • Representing a North African state in an investment treaty arbitration arising out of two large infrastructure projects allegedly worth US$300 million;
    • Acting as sole counsel in an LCIA arbitration in the technology sector;
    • Acting in an LCIA arbitration between CIS parties;
    • Acting in a DIFC-LCIA arbitration in the telecommunications sector;
    • Acting for a South American state in ICSID award enforcement proceedings in England & Wales under the Arbitration (International Investment Disputes) Act 1966; and
    • Advising on security/conditional orders in the enforcement of foreign judgments and arbitral awards.

     

    Previously, Tom has been a member of teams:

    • Representing the Islamic Republic of Pakistan and the Province of Balochistan in parallel ICSID and ICC arbitrations in relation to a copper and gold mining licence over significant deposits;
    • Representing the Government of an Eastern European State in an ICC arbitration brought in respect of a major infrastructure project;
    • Advising, at a preliminary stage of proceedings, multiple States on their responses to recently-registered investment arbitration claims;
    • Advising, at pre-action stage, potential claimant investors under bilateral Investment Treaties;
    • Advising an Asian Government on minimising its risks from investment treaty arbitrations, including reviewing existing bilateral investment treaties; and
    • Advising a financial sector institution on potential financial products designed to support investment arbitration claimants.

     

    Tom has also:

    • Assisted with making and defending various applications to recognise and enforce arbitral awards under the New York Convention;
    • Drafted witness evidence in support of an application to adjourn or set aside the recognition and enforcement of an arbitral award on costs;
    • Assisted with the preparation of potential grounds to annul an arbitral award; and
    • Drafted written submissions in support of an application for strike out/summary judgment of court proceedings on the same subject matter as a pending arbitration claim.

     

  • Aviation

    Aviation forms a significant part of Tom’s practice. In particular, Tom is one of the most experienced junior counsel at the English Bar in claims under EU Regulation 261/2004, having appeared in nearly 100 hearings for most of the major UK carriers and for several foreign carriers.

    Recent instructions include:

    • Acting in a Commercial Court claim arising out of the sale of an aircraft;
    • Appearing (at both first instance and on appeal) for major airlines in hearings of claims for compensation under EU Regulation 261/2004;
    • Drafting defences to claims made by passengers for compensation under EU Regulation 261/2004; and
    • Drafting written submission on costs (and in lieu of an oral hearing) in EU Regulation 261/2004 claims.

     

    Tom has also drafted particulars of claim in relation to aircraft leasing issues.

  • Banking and Financial Services

    Current and recent instructions include:

    • Acting for a financial institutions in a claim involving issues of contractual indemnities, remediation, mis-selling, breach of warranty and misrepresentation; and
    • Advising on a potential claim under the new Financial Markets Test Case Scheme.

     

    Tom has also:

    • Represented a client in relation to a potential class action claim against a hedge fund which involved related criminal and regulatory investigations in the US and the UK;
    • Assisted with the preparation of written submissions and expert evidence in a claim for consequential loss under the FCA’s Interest Rate Hedging Products review scheme;
    • Drafted particulars of claim in a swaps mis-selling claim against a bank; and
    • Prepared research notes in relation to a potential claim against a bank for breach of mandate.
  • Commercial Litigation

    In addition to general commercial disputes, Tom has a particular interest in commercial cases which include areas of chancery practice, such as trusts or company law.

    Current and recent instructions include:

    • Acting for a prominent international businessman in a potential claim between parties to a joint venture;
    • Appearing for a claimant seeking permission to serve out in a claim in support of foreign proceedings;
    • Appearing for judgment creditors in multiple CPR Part 71 hearings for the examination of foreign judgment debtors;
    • Drafting a defence and counterclaim in a claim for alleged unpaid fees arising out of a contract for the provision of financial technology services;
    • Advising on potential pre-action disclosure and Norwich Pharmacal applications in relation to letters of credit issued in support of transactions with a Middle Eastern government;
    • Advising on security for costs against foreign resident companies; and
    • Assisting in the preparation of witness evidence for a claim by an insured against an insurance broker.

     

    Tom has also:

    • Drafted grounds of appeal and a skeleton argument for permission to appeal a judgment rejecting a stay on forum non conveniens grounds (involving issues of Saudi law);
    • Assisted in the preparation for a jurisdiction hearing involving challenges to jurisdiction on the basis of defective service abroad and forum non conveniens (involving issues of Saudi law);
    • Drafted research notes, in relation to the enforcement of a foreign judgment in the DIFC, on service out where there is an applicable bilateral service treaty and the requirements for enforcement of a foreign judgment at common law;
    • Assisted in the preparation of particulars of claim for a potential misrepresentation claim in relation to intellectual property rights;
    • Prepared an opinion on the merits of a substantial claim for Wrotham Park damages, involving issues of foreign applicable law (UAE and DIFC);
    • Prepared a speaking note, draft order and research notes in support of applications to set aside examination and committal orders;
    • Drafted an opinion on the enforcement of foreign ancillary relief orders in a common law jurisdiction;
    • Drafted a defence to a claim by an insurance company against the lender to an insured;
    • Drafted a skeleton argument in support of applications to set aside alternative service outside the jurisdiction and to challenge jurisdiction to enforce a foreign judgment at common law;
    • Drafted an opinion on the merits of a potential claim for breach of contract, quantum meruit and disgorgement of unjust enrichment in relation to unpaid commission fees for substantial property developments;
    • In relation to a civil fraud claim, drafted requests for further information and research notes on setting aside a freezing injunction; and
    • Drafted advice on the discharge of a freezing order on the grounds of delay in prosecuting a claim.
  • Company

    Many of Tom’s cases involve aspects of company law.

    Recent experience of standalone company law work includes advising on potential claims in relation to directors’ duties and the preparation of accounts.

    Tom has also:

    • Drafted a skeleton argument in support of applications for declarations that a gift of shares should be set aside for mistake and that purported resolutions converting non-voting shares into voting shares were invalid;
    • Drafted advice on a proposed merger by way of share exchange;
    • Drafted advice on whether an English court would exercise its jurisdiction to wind up a BVI company; and
    • Drafted advices on the pre-merger requirements for several proposed cross-border mergers under the Companies (Cross-Border Mergers) Regulations 2007.
  • Insolvency

    Tom is regularly instructed to advise on and appear in the High Court and County Court in insolvency matters.

    Current and recent instructions include:

    • Acting for petitioning creditors and debtors in relation to winding-up petitions;
    • Acting for petitioning creditors and debtors in relation to bankruptcy petitions, including applications set aside statutory demands and contested petition hearings;
    • Advising on potential applications for validation orders; and
    • Advising on potential claims for malicious and unreasonable commencement of bankruptcy proceedings.

     

    Tom has also:

    • Drafted a skeleton argument in support of applications for a declaration that purported resolutions placing a company into liquidation were invalid and for rectification of the register under s 125 of the Companies Act 2006;
    • Drafted advice on a potential contribution claim by a partner against bankrupt ex-partners;
    • Drafted advice on whether an English court would exercise its jurisdiction to wind up a BVI company; and
    • Drafted advice on a petitioning creditor’s prospects of successfully defending an application for an injunction restraining presentation of a petition.
  • International & Offshore

    Tom has experience of contentious and advisory work involving public international law issues. Current and recent instruction include:

    • Acting for a North African state in an investment treaty arbitration arising out of two large infrastructure projects allegedly worth US$300 million;
    • Advising on state immunity issues in the context of a proposed US$600 million claim against an African state;
    • Advising on the public international law aspects of a proposed transaction with a state entity, including applicable sanctions regimes;
    • Representing the Government of a South Asian state in English High Court proceedings to set aside a default judgment entered against the state, which involved issues of state immunity;
    • Advising a state, at pre-action stage, on a maritime boundary dispute with a neighbouring state; and
    • Advising a Central Asian Government on minimising its risks from investment treaty arbitrations, including reviewing existing bilateral investment treaties.
  • Partnership and Joint Ventures

    Tom’s experience includes:

    • Acting for a prominent international businessman in a potential claim between parties to a joint venture
    • Drafting advice on a potential contribution claim by a partner against now bankrupt ex-partners; and
    • Drafting advice on a draft limited partnership agreement.
  • Trusts, Probate & Estates

    Trusts and estates disputes form a major part of Tom’s practice. Recent instructions include:

    • Acting in a large and complex trusts dispute before the DIFC Courts;
    • Advising on the preparation of witness evidence for major offshore pension trust litigation;
    • Appearing for a claimant seeking permission to serve out in a claim in support of offshore pension trust litigation;
    • Advising on various aspects of the administration of an estate, including potential claims against the estate and options for the intervention in the administration of the estate; and
    • Disclosure and document review exercises in relation to offshore trust litigation.

     

    Tom has also:

    • Assisted in the preparation for trial (including opening skeleton argument, notes for oral opening and cross-examination notes) of a 1975 Act claim and proprietary estoppel claims against the deceased’s estate;
    • Assisted in the preparation for trial (including opening skeleton argument, notes for oral opening and cross-examination notes) of a claim challenging the validity of a will for lack of testamentary capacity and want of knowledge and approval;
    • Drafted advice on methods of varying a trust, whether by way of an application under the Variation of Trusts Act 1958 or an IRC v Pilkington style settled advance;
    • Drafted advice, in relation to two will trusts, on the domicile of a beneficiary and donee of a power of appointment and the law applicable to the legitimation of the beneficiary/donee’s children (including consideration of renvoi);
    • Drafted advice on the proper interpretation of a will trust involving consideration of whether an interest under the trust was vested in possession or vested in interest; and
    • Drafted a claim form and witness statement in support of a Beddoe application relating to proposed foreign litigation.