Professional practice

Tom’s practice covers domestic and international dispute resolution, focusing on commercial disputes – including banking & finance, contractual claims, civil fraud claims, shareholder disputes and arbitrations and related proceedings – both at first instance and at appellate level. Tom is consistently instructed on significant and high profile cases, both as sole counsel and as part of a team. In terms of the English jurisdiction, Tom has particular experience of acting in the Commercial Court, in the Chancery Division of the English High Court and in the Court of Appeal.

Tom was one of Legal Week’s Stars of the Bar 2017. The article explained: “Highly commended in 2013’s feature, 2017 sees Ford enter this feature in his own right, as someone who is equally as able at major oligarch disputes, as he is in offshore arbitrations and enforcement actions, to mainstream Commercial Court work, be they banking cases, shareholder disputes, or civil fraud claims…” Tom is currently included in the Legal Directories for Commercial Dispute Resolution (Chambers and Partners) and Banking and Finance (The Legal 500), as well as shortlisted for Commercial Litigation Junior of the Year (Chambers Bar Awards, 2019).

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

Tom is frequently instructed in commercial disputes involving an international element.

Tom has also frequently acted in arbitrations under various different rules (including ICC, LCIA, DIFC-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 was one of Legal Week’s Stars of the Bar 2017. The article explained: “Highly commended in 2013’s feature, 2017 sees Ford enter this feature in his own right, as someone who is equally as able at major oligarch disputes, as he is in offshore arbitrations and enforcement actions, to mainstream Commercial Court work, be they banking cases, shareholder disputes, or civil fraud claims… Instructed by firms ranging from Skadden Arps Slate Meagher & Flom, to Clifford Chance, Ford is described by one as a “diligent junior who never ceases to impress with his capacity for hard work,” while one leader describes him as “outstanding”. What makes him so good? “He has an extraordinary photographic memory combined with a keen eye for the really important matters,” notes one senior lawyer, while another says he is “a bold advocate who is not afraid to express his views forcefully, even if it sometimes means having to go toe-to- toe against those who are more senior to him.”

Chambers and Partners has highlighted Tom for Commercial Dispute Resolution, describing Tom in its 2018 edition as: “A barrister with an insatiable appetite for work, he has a lot of great ideas and can assimilate a morass of facts into a single, succinct point.” “He goes out of his way to be helpful.” In 2019, Chambers and Partners described that Tom “Performs very well, and is very smart, user-friendly, keen and enthusiastic” and “demonstrates excellent attention to detail and drafting skills.”

The Legal 500 has particularly identified Tom for his skill in Banking and Finance, describing Tom in its 2019 edition as: ‘An absolutely first-rate junior combining intellect with sound practical judgement and advice.

Tom was shortlisted for Commercial Litigation Junior of the Year (Chambers Bar Awards, 2019).

Examples of recent cases
  • Acting (led by Joe Smouha QC) in proceedings in the Commercial Court concerning the enforcement of a substantial New York Convention arbitration award, with issues including the effect of international sanctions. Recent reported judgment: Ministry of Defence and Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Ltd [2019] EWHC 1994 (Comm).
  • Acting in PJSC Tatneft v. Bogolyubov and ors, a very substantial Commercial Court dispute involving claims under Article 1064 of the Russian Civil Code, with interlocutory hearings having concerned jurisdiction and discharge of the worldwide freezing (which went to the Court of Appeal) and security for costs. Recent reported judgments in the proceedings include: PJSC Tatneft v. Bogolyubov and ors [2019] EWHC 1400 (Comm) (establishing the entitlement for security for costs) and PJSC Tatneft v. Bogolyubov and ors [2018] EWHC 2499 (Comm) (successfully resisting amendments pursuant to CPR 17.4).
  • Acting (led by Stephen Houseman QC) in a LCIA-DIFC Arbitration concerning a shareholder dispute in the tech industry involving DIFC and KSA entities.
  • Acting (as sole Counsel) in a two day Commercial Court interlocutory hearing in relation to claims of privilege (Sotheby’s v Mark Weiss Ltd [2018] EWHC 3179 (Comm)) and against David Foxton QC (Sotheby’s v Mark Weiss Ltd [2017] EWHC 3789 (Comm)).
  • Instructed in a five-week Commercial Court trial, and multiple interlocutory applications, including relating to disclosure and security for costs (which went to the Court of Appeal) in a Russian oligarch dispute: Filatona Trading Ltd v. Navigator Equities Ltd [2019] EWHC 173 (Comm).
  • Acting (led by Joe Smouha QC) in a dispute (Chancery Division) involving share options in the context of the sale of an international telecommunications business.
  • 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 an 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.
  • 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 misselling 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 was one of Legal Week’s Stars of the Bar 2017. The article explained: “Highly commended in 2013’s feature, 2017 sees Ford enter this feature in his own right, as someone who is equally as able at major oligarch disputes, as he is in offshore arbitrations and enforcement actions, to mainstream Commercial Court work, be they banking cases, shareholder disputes, or civil fraud claims…”

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:

  • Acting (led by Joe Smouha QC) in proceedings in the Commercial Court concerning the enforcement of a substantial New York Convention arbitration award, with issues including the effect of international sanctions. Recent reported judgment: Ministry of Defence and Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Ltd [2019] EWHC 1994 (Comm).
  • Acting (led by Stephen Houseman QC) in a LCIA-DIFC Arbitration concerning a shareholder dispute in the tech industry involving DIFC and KSA entities.
  • 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.
  • 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

The Legal 500 has particularly identified Tom for his skill in Banking and Finance, describing Tom in its 2019 edition as: ‘An absolutely first-rate junior combining intellect with sound practical judgement and advice.

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 Joe Smouha QC) in a dispute (Chancery Division) involving share options in the context of the sale of an international telecommunications business.
  • Acting (as sole Counsel) in a dispute involving personal guarantees in connection with loans provided to a company.
  • Acting (as sole Counsel) in relation to charging orders over the shares.
  • Acting in a dispute involving claims under s423 of the Insolvency Act 1986 in relation to the refinancing of a corporate entity and the repurchase deeply subordinated convertible private equity certificates (CPECs).
  • 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 Solicitorsan eight-week Commercial Court trial in connection with allegations of misselling 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 was one of Legal Week’s Stars of the Bar 2017. The article explained: “Highly commended in 2013’s feature, 2017 sees Ford enter this feature in his own right, as someone who is equally as able at major oligarch disputes, as he is in offshore arbitrations and enforcement actions, to mainstream Commercial Court work, be they banking cases, shareholder disputes, or civil fraud claims…”

Tom has considerable 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), and is regularly instructed on significant and high profile cases involving allegations of fraud.

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

  • Acting in PJSC Tatneft v. Bogolyubov and ors, a very substantial Commercial Court dispute involving claims under Article 1064 of the Russian Civil Code, with interlocutory hearings having concerned jurisdiction and discharge of the worldwide freezing (which went to the Court of Appeal) and security for costs. Recent reported judgments in the proceedings include: PJSC Tatneft v. Bogolyubov and ors [2019] EWHC 1400 (Comm) (establishing the entitlement for security for costs) and PJSC Tatneft v. Bogolyubov and ors [2018] EWHC 2499 (Comm) (successfully resisting amendments pursuant to CPR 17.4).
  • Acting (as sole Counsel) in a two day Commercial Court interlocutory hearing in relation to claims of privilege (Sotheby’s v Mark Weiss Ltd [2018] EWHC 3179 (Comm)) and against David Foxton QC (Sotheby’s v Mark Weiss Ltd [2017] EWHC 3789 (Comm)).
  • Instructed in a five-week Commercial Court trial, and multiple interlocutory applications, including relating to disclosure and security for costs (which went to the Court of Appeal) in a Russian oligarch dispute: Danilina v Chernukhin [2018] EWHC 39 (Comm); Danilina v Chernukhin [2019] 1 W.L.R. 758; Danilina v Chernukhin [2018] EWHC 2503 (Comm) and Filatona Trading Ltd v Navigator Equities Ltd [2019] EWHC 173 (Comm).
  • Acting (led by Vernon Flynn QC) in Jakob v. Mazur, a dispute concerning the 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

Tom was one of Legal Week’s Stars of the Bar 2017. The article explained: “Highly commended in 2013’s feature, 2017 sees Ford enter this feature in his own right, as someone who is equally as able at major oligarch disputes, as he is in offshore arbitrations and enforcement actions, to mainstream Commercial Court work, be they banking cases, shareholder disputes, or civil fraud claims…”

  • Acting (led by Joe Smouha QC) in a dispute (Chancery Division) involving share options in the context of the sale of an international telecommunications business.
  • Instructed in a five-week trial, and multiple interlocutory applications, including relating to disclosure and security for costs (which went to the Court of Appeal) in a Russian oligarch dispute, including claims relating to the proper construction and effect of a shareholders’ agreement: Danilina v Chernukhin [2018] EWHC 39 (Comm); Danilina v Chernukhin [2019] 1 W.L.R. 758; Danilina v Chernukhin [2018] EWHC 2503 (Comm) and Filatona Trading Ltd v Navigator Equities Ltd [2019] EWHC 173 (Comm).
  • 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, a 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

Chambers and Partners has highlighted Tom for Commercial Dispute Resolution, describing Tom in its 2018 edition as: “A barrister with an insatiable appetite for work, he has a lot of great ideas and can assimilate a morass of facts into a single, succinct point.” “He goes out of his way to be helpful.” In 2019, Chambers and Partners described that Tom “Performs very well, and is very smart, user-friendly, keen and enthusiastic” and “demonstrates excellent attention to detail and drafting skills.”

Tom has experience across a wide range of international and domestic 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 (with considerable experience of acting in the Court of Appeal).

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

  • Acting (as sole Counsel) in a two day Commercial Court interlocutory hearing in relation to claims of privilege (Sotheby’s v Mark Weiss Ltd [2018] EWHC 3179 (Comm)) and against David Foxton QC (Sotheby’s v Mark Weiss Ltd [2017] EWHC 3789 (Comm)).
  • Instructed in a five-week Commercial Court trial, and multiple interlocutory applications, including relating to disclosure and security for costs (which went to the Court of Appeal) in a Russian oligarch dispute: Danilina v Chernukhin [2018] EWHC 39 (Comm); Danilina v Chernukhin [2019] 1 W.L.R. 758; Danilina v Chernukhin [2018] EWHC 2503 (Comm) and Filatona Trading Ltd v Navigator Equities Ltd [2019] EWHC 173 (Comm).
  • Acting (led by Joe Smouha QC) in a dispute (Chancery Division) involving share options in the context of the sale of an international telecommunications business.
  • Acting in PJSC Tatneft v. Bogolyubov and ors, a very substantial Commercial Court dispute involving claims under Article 1064 of the Russian Civil Code, with interlocutory hearings having concerned jurisdiction and discharge of the world wide freezing (which went to the Court of Appeal) and security for costs.
  • 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, a dispute involving the 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 Solicitorsan eight-week Commercial Court trial in connection with allegations of misselling 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