Tom’s practice focuses on Commercial/Chancery Litigation, including Professional Liability disputes, Civil Fraud, Insolvency and Financial Services. He has been ranked as a leading junior in Chambers & Partners since 2013. Tom is described as “excellent”: a “skilled advocate” who is “very robust” and who “really fights until the bitter end of a trial”. He is said to be “extremely clever” with “a great deal of commercial acumen” and “a sharp legal mind”. Tom prides himself on being a modern barrister who is “very personable”, “responsive and user-friendly” and “a pleasure to work with”.
Tom has recently acted in significant, high-value litigation as part of larger legal teams, both at first instance and in the Court of Appeal. He also appears in his own right in the High Court and County Court as well as before professional regulatory panels (including the Regulatory Decisions Committee of the FCA). He has extensive experience of trial advocacy, including the cross-examination of a variety of witnesses, and as a sole advocate his opponents frequently include more senior practitioners. Tom was appointed as Junior Counsel to the Crown (Attorney General’s B Panel) in June 2016.
Further details of Tom’s practice areas can be found via the links on the left-hand side of this page. Recent highlights include:
- Successfully representing a substantial commercial debt management company on an application before the Regulatory Decisions Committee of the FCA for permission to carry out regulated activities. Tom was involved at all stages of the proceedings, which resulted in only the second such successful application by a commercial firm to date. He is particularly well-equipped to advise other firms currently going through the authorisations process.
- Representing one of seven defendants to an ongoing claim for unlawful means conspiracy arising out of the alleged misappropriation of by-products from the steel manufacturing process at a plant in South Wales.
- Acting for the Trustee in Bankruptcy in proceedings involving the execution of bench warrants (at Heathrow airport, as the bankrupts sought to leave the jurisdiction) and subsequent conduct of three-day private examination.
- Defending a multi-million pound claim against solicitors arising out of the alleged negligent conduct of a substantial Chancery Division claim. Led by Graeme McPherson QC.
- Acting on a dispute between family members arising out of the misappropriation of gate receipts of a museum and subsequent disputed settlement agreement. Led by Neil Hext QC.
- Acting for a property developer on a claim arising out of substantial flood damage to a c.£45m development in Chelsea.
- Successfully defending a claim brought by an IT services company for services allegedly provided to a major IT company in Sweden, subsequent to a three-day trial. Trial judge remarked on his “neat cross-examination” of the Claimant’s key witness.
- Ariel v HMRC  EWHC 1674 (Ch): acting for a trustee in bankruptcy on an application under s.303 relating to the service by HMRC of a third party information notice under Sch 36 Finance Act 2008.
- Acting for the FCA on a claim involving a purported forex trading company/scheme. Obtaining urgent freezing and other interim relief.
- Breckons & Ors v Powerscourt Services Ltd & Ors  EWHC 1330 (Ch). Acting for the Defendants to an ongoing claim alleging fraud and deceit in relation to an investment in farmland in Argentina and on D1’s successful applications to strike out the Claim and discharge a freezing order on the ground of material non-disclosure.
Commercial Dispute Resolution
Tom’s practice covers all aspects of commercial litigation. He has recently acted as junior counsel in several high-value pieces of litigation but also has considerable experience of trial advocacy on his own account.
Tom has an established civil fraud practice. He has considerable experience of obtaining (and defending applications for) urgent freezing injunctions, search orders and related interim measures.
Tom is regularly instructed in claims for and against a wide range of professionals. He has experience of actions involving auditors, accountants, investment advisors, pension administrators, insolvency practitioners, solicitors, IT professionals, a provider of medico-legal services and trademark / patent attorneys.
Tom is frequently instructed in high-value, contentious insolvency matters, often with elements of fraud. He has experience of winding-up petitions, administrations, CVAs, injunctions to restrain presentation and advertisement of winding-up petitions, applications to set aside statutory demands, validation orders, rescission orders and disputes involving transactions at an undervalue and preferences.