• Arbitration

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

  Recent instructions include:

  • 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)
  • Sole counsel in substantial dispute in the energy sector subject to DIFC-LCIA arbitration (instructed by Addleshaw Goddard LLP)
  • Junior counsel in a US$4 million DIFC-LCIA arbitration in the telecommunications sector (with Tom Montagu-Smith QC and Matthew Watson, instructed by Dentons & Co)
  • Confidential matter in the DIFC Courts (2018 to 2019): Junior counsel (with David Brownbill QC and Tom Montagu-Smith QC, instructed by Clyde & Co LLP) in a large and complex trusts dispute before the DIFC Courts, which concerned, inter alia, the arbitrability of trust disputes
  • Acted for a South American state in ICSID award enforcement proceedings in England and Wales (with Stephen Cogley QC, instructed by Curtis, Mallet-Prevost, Colt & Mosle LLP
  • Junior counsel in an LCIA arbitration between CIS parties (with Marcus Staff, instructed by Carter Perry Bailey LLP)
  • Sole counsel in an LCIA arbitration in the technology sector
  • Advising on security/conditional orders in the enforcement of foreign judgments and arbitral awards

   

  Previous experience includes:

  • Tethyan Copper Company Pty Limited v Islamic Republic of Pakistan, ICSID Case No. ARB/12/1: 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
  • Mid-East Sales v United Engineering and Trading [2014] EWHC 1457 (Comm): Represented Pakistan in English High Court proceedings to set aside a default judgment entered against the state
  • Advising an Asian Government on minimising its risks from investment treaty arbitrations, including reviewing existing bilateral investment treaties
  • 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 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
  • 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.

  Chambers and Partners (UK Bar 2022) recommends Tom as an “up and coming” junior in Aviation work. He is described as handling “a range of complex disputes in the aviation industry” and as “a first-choice junior for airline work”. Tom was also ranked by Chambers and Partners (UK Bar 2021) where he was noted as having “a busy year handling disputes in the aviation industry”. Clients have said that Tom is “[a]n effective advocate with a really impressive level of detail and expertise. He knows the law in depth and is able to relate it in a clear, effective manner”.

  Legal 500 (UK Bar 2022) recommends Tom as a “rising star” in Aviation. He is described as “really likeable and a team player”. It is also said that he “is a highly intelligent and effective litigator, is highly responsive, and a pleasure to work with. I highly recommend”. Tom was also ranked by Legal 500 (UK Bar 2021) where he was described as a “rising star in the field” it was said that he “has exceptional knowledge of the law, and is a very effective advocate”.

  Current and recent instructions include:

  • Varano v Air Canada [2021] EWHC 1336 (QB); [2020] EWHC 1859 (QB): Sole counsel (instructed by Norton Rose Fulbright LLP) for Air Canada in a test case concerning the proper jurisdictional scope of the EU flight delay regulation based on customary international law limits on the EU’s legislative competence
  • 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)
  • Acting for the owner of a corporate jet in a potential EUR 3.1 million claim for damage to the aircraft when under the custody of another party
  • Spyropoulos v easyJet (BL-2020-000736): Sole counsel (instructed by Norton Rose Fulbright LLP) 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
  • 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)
  • Acting for the seller of a corporate jet in a US$2.5 million claim in relation to the deposit for the aircraft after the sale had fallen through (instructed by King & Spalding LLP)
  • Sole counsel at both first instance and on appeal (instructed by Norton Rose Fulbright LLP, Clyde & Co LLP and DLA Piper UK LLP) for major airlines in hearings of claims for compensation under EU Regulation 261/2004. 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
  • Acting for a major ground handling company in a claim by the employee of another aviation services company (instructed by Clyde & Co LLP)
  • Acting for a major international airline in a claim by the employee of another aviation services provider (instructed by Clyde & Co LLP)
• Banking and Financial Services

  Banking and financial services work is a major part of Tom’s practice. Current and recent instructions include:

  • 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)
  • Advising the FCA on a major potential change to its regulatory framework
  • 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)
  • First Abu Dhabi Bank PJSC v Larmag Holding B.V [2019] DIFC CA 010 (23 March 2020): Acting for a Dutch property investor in an important case defining the jurisdiction of the DIFC Courts over financial institutions which offer limited financial services in the DIFC. Involved consideration of the regulatory treatment of recognised members of NASDAQ Dubai under DIFC financial services law (with Michael Black QC and instructed by Clyde & Co LLP)
  • CCUK v Barclays Bank Plc: Acting for a US financial institution in a USD 1 billion claim against a UK bank, which included allegations of various breaches of the bank’s regulatory obligations in relation to the sale of the payment break plan feature associated with many credit card products (with Stephen Cogley QC, Turlough Stone and Matthew Watson and instructed by Gateley Plc)
  • Acting for a financial institutions in a claim involving issues of contractual indemnities, remediation, mis-selling, breach of warranty and misrepresentation
  • Advising on a potential claim under the new Financial Markets Test Case Scheme in relation to directors’ duties and the preparation of accounts for financial institutions

   

  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
  • 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:

  • The Serious Fraud Office & Anor v Litigation Capital Ltd & Ors [2021] 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)
  • Larmag Holding B.V. v First Abu Dhabi Bank PJSC & Others [2019] DIFC CFI 054 (4 August 2019); [2019] DIFC CA 010 (23 March 2020):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 [2021] 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)
  • 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)
  • 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)
  • Arabian Construction Company WLL v Credit Suisse Bank [2019] 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)
  • Advised on a proposed USD 600 million claim against an African state (with Tom Montagu-Smith QC, instructed by Omnia Strategy LLP)
  • Advised a Middle Eastern bank on recovery of significance unpaid credit facilities owed by a large, and potentially insolvent, debtor company (instructed by Trowers & Hamlins LLP)
  • Tabari v Tabarak Investment LLC [2018] DIFC CFI 016 (30 April 2020); [2018] 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)
  • Advising a prominent international businessman in a potential claim between parties to a joint venture (with Edward Cumming QC, instructed by RPC)

   

  Tom has also:

  • Appeared for a claimant seeking permission to serve out in a claim in support of foreign proceedings
  • Appeared for judgment creditors in multiple CPR Part 71 hearings for the examination of foreign judgment debtors
  • Drafted a defence and counterclaim in a claim for alleged unpaid fees arising out of a contract for the provision of financial technology services
  • Advised 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
  • Advised on security for costs against foreign resident companies
  • Assisted in the preparation of witness evidence for a claim by an insured against an insurance broker
  • 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
  • Drafted advice on the discharge of a freezing order on the grounds of delay in prosecuting a claim
• Company

  In addition to standalone company law work, many of Tom’s commercial cases involve aspects of company law.

  Recent experience includes:

  • Everest Alliance v Maslovskiy & Ors (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)
  • Advising a prominent international businessman in a potential claim between parties to a joint venture (with Edward Cumming QC, instructed by RPC)
  • Advising on a potential claim under the Financial Markets Test Case Scheme 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
  • 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 and offshore in insolvency matters.

  Current and recent instructions include:

  • 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)
  • Advising a Middle Eastern bank on recovery of significance unpaid credit facilities owed by a large, and potentially insolvent, debtor company (instructed by Trowers & Hamlins LLP)
  • 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
  • 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
  • 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:

  • 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)
  • Advising on state immunity issues in the context of a proposed USD 600 million claim against an African state (with Tom Montagu-Smith QC and instructed by Omnia Strategy LLP)
  • Advising on the public international law aspects of a proposed transaction with a state entity, including applicable sanctions regimes (instructed by Omnia Strategy LLP)

   

  At a previous law firm, Omnia Strategy LLP, Tom’s experience included:

  • Tethyan Copper Company Pty Limited v Islamic Republic of Pakistan, ICSID Case No. ARB/12/1: 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
  • Mid-East Sales v United Engineering and Trading [2014] EWHC 1457 (Comm): Represented Pakistan in English High Court proceedings to set aside a default judgment entered against the state
  • Advising a state, at pre-action stage, on a maritime boundary dispute with a neighbouring state
  • Advising parties on the application of economic sanctions regimes
  • 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:

  • Advising a prominent international businessman in a potential claim between parties to a joint venture (with Edward Cumming QC, instructed by RPC)
  • Drafting advice on a potential contribution claim by a partner against now bankrupt ex-partners
  • Drafting advice on a draft limited partnership agreement
• Trusts, Probate & Estates

  Trusts and estates disputes form a major part of Tom’s practice. In addition to his practice at XXIV, Tom spent time on secondment in the trusts and succession disputes groups at Mishcon de Reya LLP and whilst there advised on numerous large trusts and succession disputes.

  Recent instructions include:

  • 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)
  • Liga Lemberga v Serillo (PTC) Limited & Others (2019/ORD/40): Acting (with David Brownbill QC, instructed by Signature Litigation LLP) for a major trusts and corporate services provider in a claim by a beneficiary in the Gibraltar Courts which concerns the proper scope of the court’s supervisory jurisdiction over trust administration
  • Schwartz v VGV (UK) Limited (PT-2019-001066): Acted (with Edward Cumming QC, instructed by Withers LLP) for a trusts and corporate services provider in resisting urgent interim relief in the English courts by a beneficiary, including appearing unled against a QC
  • Acting in a family dispute before the Isle of Man Courts concerning a complex trust and corporate structure (with Elspeth Talbot Rice QC and Elizabeth Weaver, instructed by Simcocks)
  • Acting in relation to a Hong Kong law trust in a dispute concerning control over and ownership of a major public company (with Elspeth Talbot Rice QC, instructed by Mishcon de Reya LLP)
  • Advising on the preparation of witness evidence for major offshore pension trust litigation (with Andrew Holden, instructed by Walkers (Guernsey) LLP)
  • Appearing for a claimant seeking permission to serve out for a claim in support of offshore pension trust litigation (with Edward Knight, instructed by Blake Morgan LLP)
  • 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
  • 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
  • Drafted a claim form and witness statement in support of a Beddoe application relating to proposed foreign litigation

Other information

• Recommendations

  Chambers and Partners (UK Bar 2022) recommends Tom as an “up and coming” junior in Aviation work. “He is enjoyable to work with and a first-choice junior for airline work.”

  Legal 500 (UK Bar 2022) recommends Tom as a “rising star” in Aviation. Sources note that “Tom is really likeable and a team player. He generates ideas and really contributes. He is a highly intelligent and effective litigator, is highly responsive, and a pleasure to work with. I highly recommend.“

  Chambers and Partners (UK Bar 2021) recommends Tom as an “up and coming” junior in Aviation work.

  Tom is noted as having “a busy year handling disputes in the aviation industry”. Clients have said that Tom is “[a]n effective advocate with a really impressive level of detail and expertise. He knows the law in depth and is able to relate it in a clear, effective manner.”

  Legal 500 (UK Bar 2021) recommends Tom as a “rising star” in Aviation.

  Tom is described as a “rising star in the field” and clients note that “[h]e has exceptional knowledge of the law, and is a very effective advocate.“

• Academic History

  BA Classics – Jesus College, Cambridge

  GDL (Distinction, top 5 overall) – City University, London

  BPTC (Outstanding) – City University, London

• Professional Memberships

  Commercial Bar Association

  Chancery Bar Association

  LCIA Young International Arbitration Group

  Young ICCA

  Young ICSID

  ICC Young Arbitrators Forum

  Part II Registered Practitioner before the DIFC Courts

• Publications

  “Central banks or sovereign wealth funds as investment treaty arbitration claimants?” [2016] 10 JIBFL 592 (co-authored with Lucas Bastin).

• Lectures and Seminars

  Tom provides lectures and seminars on topics within his practice areas. He has recently given talks on: (1) full protection and security claims arising out of civil wars; (2) the law of state immunity in England and the DIFC; (3) the development of the common law in English and international commercial courts; (4) allegations of corruption in investment arbitration; (5) the effect of post-breach benefits on the quantum of damages in commercial litigation; (6) freezing orders and anti-suit injunctions before the DIFC Courts; and (7) the interaction between trust litigation and matrimonial finance disputes.

• Business Details

  VAT Number: 257034316
  Registered name: Thomas William Stewart Coats

Save as PDF