Professional practice

Tom’s practice covers domestic and international dispute resolution, focusing on commercial disputes, including banking & finance, civil fraud and arbitrations and related proceedings. Tom has worked on a number of significant and high profile cases, with much of his current and recent work focusing on large-scale commercial litigation and arbitration (both domestic and international). In terms of the English jurisdiction, Tom has particular experience of acting in the Commercial Court and Chancery Division of the English High Court.

In addition to acting in trials and arbitrations (both led and unled), Tom has considerable experience in interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appeals.

Tom is frequently instructed in commercial disputes involving an international element. He has also acted in arbitrations under various different rules (including ICC, LCIA, NAI and ad hoc) and seated in various different jurisdictions around the World, including different European Countries, the Middle East, and India.

 

What others say

Tom’s recent Commercial Court experience includes acting in the high-profile eight week trial in (1) JP Morgan Chase Bank plc (2) JP Morgan Securities Ltd v. Berliner Verkehrsbetriebe Anstalt öffentlichen Rechts v. Clifford Chance Partnerschaftsgesellschaft von Rechtsanwälten, Wirtschaftsprüfern,Steuerberatern und Solicitors, which was selected as one of The Lawyer’s top 20 cases of 2014; and acting in Ng Su Ling v. (1) Goldman Sachs International (2) Goldman Sachs (Singapore) Pt, which has been selected as one of  The Lawyer’s top 20 cases of 2015.

Tom was identified as “highly recommended” in Legal Week’s “Stars at the Bar 2014”

Examples of recent cases
  • Acting in PJSC Tatneft v. Bogolyubov and ors – a Commercial Court dispute involving issues of jurisdiction and claims under Article 1064 of the Russian Civil Code.
  • Acted (led by Richard Millett QC) in a LCIA Arbitration for a major Russian entity in a multibillion-dollar shareholder dispute over the control of a leading international telecommunications company.
  • Acted (led by David Joseph QC) for a major European wind turbine manufacturer in an ad hoc arbitration under the Indian Arbitration and Conciliation Act 1996 in respect of a dispute with its Indian joint venture partner.
  • Acted for shareholders of a substantial retailer in relation to disputes under a Shareholders’ Agreement in a LCIA Arbitration.
  • Acted (led by Gordon Pollock QC and Salim Moollan QC) in Burlington Resources (Irish Sea) Ltd v. Hydrocarbon Resources Ltd: a dispute in the Commercial Court involving issues of contractual construction and equitable rectification.
  • Acted (as sole Counsel) in a jurisdiction challenge in the Commercial Court involving Swiss parties in connection with a dispute concerning oil supplies in Turkmenistan.
  • Acted (led by Graham Dunning QC) in a substantial LCIA Arbitration involving a dispute between joint venture parties.
  • Acting (led by Joe Smouha QC) in proceedings in the Commercial Court concerning the enforcement of a New York Convention arbitration award.
  • Acted (led by David Foxton QC and Stephen Houseman QC) in JP Morgan Chase Bank plc (2) JP Morgan Securities Ltd v. Berliner Verkehrsbetriebe Anstalt öffentlichen Rechts v. Clifford Chance Partnerschaftsgesellschaft von Rechtsanwälten, Wirtschaftsprüfern, Steuerberatern und Solicitors: an eight week Commercial Court trial in connection with allegations of mis-selling of Credit Derivative Obligations. Interlocutory applications included disputes in relation to the specific disclosure of internal investigations and claims to privilege.
  • Acted (led by Dominic Kendrick QC and Paul McGrath QC) in Linsen International Ltd v. Humpuss Sea Transport PTE [2011] EWHC 2339 (Comm); [2011] 2 Lloyd’s Rep. 663; [2011] 2 CLC 773: successfully discharging a worldwide freezing injunction which had been incorrectly obtained on the basis of piercing the corporate veil.
Arbitration & related court applications

Tom has experience in acting in arbitrations under various institutional rules, and in different jurisdictions. Tom is also regularly instructed in ancillary court proceedings, including claims to enforce arbitration awards.

Examples of recent cases, which are typical of Tom’s practice, include:

  • Acted (led by Richard Millett QC) in a LCIA Arbitration for a major Russian entity in a multibillion-dollar shareholder dispute over the control of a leading international telecommunications company.
  • Acting (led by Graham Dunning QC) in a substantial LCIA Arbitration involving a dispute between joint venture parties.
  • Acting (led by David Joseph QC) in an ad hoc arbitration under the Indian Arbitration and Conciliation Act 1996.
  • Being brought in (led by Vernon Flynn QC) for the purpose of preparing an appeal to the Court of Appeal on behalf of a party contesting jurisdiction and seeking to resist enforcement of an arbitration award falling within the New York Convention.
  • Acting (led by Joe Smouha QC) in proceedings in the Commercial Court concerning the enforcement of a New York Convention arbitration award.
  • Acted (led by Graham Dunning QC) in an ICC arbitration seated in Dubai. The final hearing took place in the UAE in February 2014.
  • Acted (led by Joe Smouha QC) in a NAI arbitration involving a contractual dispute arising from a License Agreement relating to the development of a pharmaceutical drug. The final hearing took place in the Hague and resulted in a $130 million damages award.
Banking & financial services

Tom has experience acting for and against major financial institutions and corporations in disputes involving banking and financial transactions.

Examples of recent cases, which are typical of Tom’s practice, include:

  • Acting (led by James Collins QC) in Capita Business Services Ltd & Ors v. Reliance Security Group Ltd: a dispute in the Commercial Court involving allegations of breach of warranty in connection with the sale of a business.
  • Acting (as sole Counsel) in Integral Petroleum SA v. SCU-Finanz AC & Ors: a jurisdiction challenge in the Commercial Court involving Swiss parties in connection with a dispute concerning oil supplies in Turkmenistan.
  • Acting (led by James Collins QC) in Ng Su Ling v. (1) Goldman Sachs International (2) Goldman Sachs (Singapore) Pte: a dispute in the Commercial Court concerning bankers’ duties in relation to the termination of a margin loan facility and liquidation of a portfolio.
  • Acted (led by David Foxton QC and Stephen Houseman QC) in JP Morgan Chase Bank plc (2) JP Morgan Securities Ltd v. Berliner Verkehrsbetriebe Anstalt öffentlichen Rechts v. Clifford Chance Partnerschaftsgesellschaft von Rechtsanwälten, Wirtschaftsprüfern, Steuerberatern und Solicitors: an eight-week Commercial Court trial in connection with allegations of mis-selling of Credit Derivative Obligations. Interlocutory applications included disputes in relation to the specific disclosure of internal investigations and claims to privilege.
  • Acted (led by Paul McGrath QC) in Svenksa Cellulosa Aktiebolaget SCA (Publ) & ors v. DS Smith Plc: a dispute in the Chancery Division relating to the preparation of Completion Accounts in connection with the sale of a business.
  • Acted (led by Joe Smouha QC) in Saltri III Ltd v. MD Mezzanine SA [2012] EWHC 1270 (Comm): a dispute relating to a mezzanine financing arrangement. The case, which culminated in a three week Commercial Court Trial, Included substantial interlocutory hearings, including a two-day disclosure application involving issues of control and privilege.
Civil fraud & asset tracing

Tom has experience in claims pursuing and defending allegations of fraud and bad faith (including disputes involving claims of deceit, misrepresentation, breach of fiduciary duty and conspiracy).

Examples of recent cases, which are typical of Tom’s practice, include:

  • Acting in PJSC Tatneft v. Bogolyubov and ors – a Commercial Court dispute involving issues of jurisdiction, claims under Article 1064 of the Russian Civil Code and a worldwide freezing injunction.
  • Acting (led by Vernon Flynn QC) in Jakob v. Mazur: registration and enforcement of a freezing injunction in England pursuant to Council Regulation (EC) 44/2001 and under Civil Jurisdiction and Judgments Order 2001, Schedule 1, paragraph 2.
  • Acting (led by Paul McGrath QC) in the Commercial Court for a FTSE 100 company in claims of conspiracy and breach of fiduciary duty against former employees and other individuals relating to the misappropriation of funds.
  • Acting (led by David Joseph QC) in an ad hoc arbitration under the Indian Arbitration and Conciliation Act 1996 involving a dispute in connection with a joint venture in India, including allegations of breach of duties of good faith.
  • Acted (led by Paul McGrath QC) in Svenksa Cellulosa Aktiebolaget SCA (Publ) & ors v. DS Smith Plc: a dispute in the Chancery Division relating to the preparation of Completion Accounts in connection with the sale of a business, including claims of conspiracy.
  • Acted (led by Paul Stanley QC) in Concept Oil Services Ltd v. En-Gin Group LLP: obtaining a worldwide freezing injunction in the Commercial Court in a dispute involving allegations of fraudulent misrepresentation and conspiracy.
  • Acted (led by Dominic Kendrick QC and Paul McGrath QC) in Linsen International Ltd v. Humpuss Sea Transport PTE [2011] EWHC 2339 (Comm); [2011] 2 Lloyd’s Rep. 663; [2011] 2 CLC 773: discharging in the Commercial Court a worldwide freezing injunction which had been incorrectly obtained on the basis of piercing the corporate veil.
Commercial chancery disputes
  • Acted (led by Richard Millett QC) in a LCIA Arbitration for a major Russian entity in a multibillion-dollar shareholder dispute over the control of a leading international telecommunications company.
  • Acted for shareholders of a substantial retailer in relation to disputes under a Shareholders’ Agreement.
  • Acting (led by Gordon Pollock QC and Salim Moollan) in Burlington Resources (Irish Sea) Ltd v. Hydrocarbon Resources Ltd: Commercial Court dispute including claims of equitable rectification.
  • Acting (led by David Joseph QC) in an ad hoc arbitration under the Indian Arbitration and Conciliation Act 1996 involving a dispute between joint venture parties.
  • Acted (led by Paul McGrath QC) in Svenksa Cellulosa Aktiebolaget SCA (Publ) & ors v. DS Smith Plc: a dispute in the Chancery Division relating to the preparation of Completion Accounts in connection with the sale of a business.
  • Acted (led by Richard Millett QC) in proceedings in the Chancery Division relating to the registration and priority of charges over property, including issues of subrogation.
Commercial litigation

Tom has experience across a wide range of commercial cases, including disputes regarding contractual construction, duties under contracts and in tort, issues of quantum and substantial banking & finance and civil fraud claims. Tom acts at all stages of the litigation process, including advisory work, drafting pleadings, appearing in court and bringing appeals.

Examples of recent cases, which are typical of Tom’s practice, include:

  • Acting in PJSC Tatneft v. Bogolyubov and ors – a substantial dispute in the Commercial Court involving issues of jurisdiction and claims under Article 1064 of the Russian Civil Code.
  • Acting (led by Gordon Pollock QC and Salim Moollan) in Burlington Resources (Irish Sea) Ltd v. Hydrocarbon Resources Ltd: a dispute in the Commercial Court involving issues of contractual construction and rectification.
  • Acting (as sole Counsel) in Integral Petroleum SA v. SCU-Finanz AC & Ors: a jurisdiction challenge in the Commercial Court involving Swiss parties in connection with a dispute concerning oil supplies in Turkmenistan.
  • Acting (led by James Collins QC) in Capita Business Services Ltd & Ors v. Reliance Security Group Ltd: a dispute in the Commercial Court involving allegations of breach of warranty in connection with the sale of a business.
  • Acting (led by Vernon Flynn QC) in Jakob v. Mazur: registration and enforcement of a freezing injunction in England in Commercial Court proceedings pursuant to Council Regulation (EC) 44/2001 and under Civil Jurisdiction and Judgments Order 2001, Schedule 1, paragraph 2.
  • Acting (led by Joe Smouha QC) in proceedings in the Commercial Court concerning the enforcement of a New York Convention arbitration award.
  • Being brought in (led by Vernon Flynn QC) for the purpose of preparing an appeal to the Court of Appeal on behalf of a party contesting jurisdiction and seeking to resist enforcement of an arbitration award falling within the New York Convention.
  • Acted (led by David Foxton QC and Stephen Houseman QC) in JP Morgan Chase Bank plc (2) JP Morgan Securities Ltd v. Berliner Verkehrsbetriebe Anstalt öffentlichen Rechts v. Clifford Chance Partnerschaftsgesellschaft von Rechtsanwälten, Wirtschaftsprüfern, Steuerberatern und Solicitors: an eight-week Commercial Court trial in connection with allegations of mis-selling of Credit Derivative Obligations. Interlocutory applications included disputes in relation to the specific disclosure of internal investigations and claims to privilege.
  • Acted (led by Paul McGrath QC) in Svenksa Cellulosa Aktiebolaget SCA (Publ) & ors v. DS Smith Plc: a dispute in the Chancery Division relating to the preparation of Completion Accounts in connection with the sale of a business.
Career
  • 2012: SEC Advanced International Advocacy Course
  • October 2009: became a tenant of Essex Court Chambers following successful completion of pupillage
  • 2008: Call (Gray’s Inn)
  • 2008: three-month internship at UNHCR Somalia (based in Nairobi)
  • 2008: BVC, Inns of Court School of Law
  • 2007: visiting tutor in Constitutional and Administrative Law at King’s College, London
  • 2007: research assistant: The Law of Confidentiality: A Restatement by Paul Stanley
Education
  • 2007: LLM at the University of London (Restitution; Company Law; Comparative Human Rights; The Law relating to Art and Antiquities)
  • 2006: Law BA (Hons) (Law), Cantab, First Class
Awards
  • 2007: Bedingfield Scholarship, Gray’s Inn
  • 2006: Scholar of Corpus Christi College
  • 2006: Avory Prize for final exam results
  • 2005: Simmons & Simmons Prize for Part 1B results
  • 2004: Winner of the Nicholas Bacon Moot Competition