“He is a clear and organised barrister, and can turn his hand to all aspects of litigation. He’s everything I want when I introduce counsel to client.” “A reassuringly calm demeanour and the ability to rise to a challenge. His attention to detail is superb.” – Chambers & Partners, 2022
“He consistently manages to pick out the key points from a complex dispute quickly and efficiently.” – Legal 500, 2021
“An astute judge of where the strengths and weaknesses of a case lie.” – Legal 500, 2020
“He is deft at distilling obscure legal and technical issues into clear strategic advice, and really is an excellent team player.” – Legal 500, 2019
Tom has wide experience in the field of professional liability. His experience includes claims involving, amongst others, accountants, auditors, tax advisors, valuers, financial services professionals, construction professionals and insurance brokers. He also has experience of defending wasted costs orders.
Tom has experience of claims involving professions in other jurisdictions including Bahrain, Bermuda, BVI and Hong Kong.
Further information can be found by following the links in respect of individuals professions.
Tom is an editor of Jackson & Powell on Professional Liability (7th and 8th Editions) and is a member of the PNBA.
Accountants, Auditors & Actuaries
Tom has wide experience of acting both for and against accountants and auditors in civil disputes. He also has experience of regulatory proceedings.
His current and past cases include:
- Acting in a claim against PwC concerning tax planning arrangements: Necessity Supplies Ltd v PricewaterhouseCoopers LLP [2021] EWHC 1479 (Ch)
- Acting (as sole Counsel) in a claim against accountants and auditors arising out of the collapse of a restaurant business.
- Acting (led by Graham Chapman QC) for the defendant firm in a claim brought by a high-profile football manager in relation to various tax schemes.
- Acting in a claim by a Bank against a leading firm of auditors in the Bahrain Chamber for Dispute Resolution following the collapse of the Bank (BCDR-AAA).
- Acting for the former CFO of a PLC under investigation by the Financial Reporting Council.
- Acting (with David Turner QC) in a claim against a firm of accountants arising out of a CGT roll-over relief scheme.
- Acting in a claim against a firm of accountants arising out of an AIM listing and EIS/VCT relief.
- Defending a claim brought by a QC against a firm of accountants arising out of the preparation and filing of the QC’s income tax and VAT returns.
- Acting (with Fiona Sinclair QC) in a claim against a firm of tax advisors arising out of tax planning advice given in relation to the restructure and disposal of a family business.
- Instructed by The Accountancy and Actuarial Discipline Board (as it then was) in relation to its investigation into a Big Four firm arising out of the auditing of Lehman Brothers prior to its collapse.
Construction Professionals
Tom has experience both of pure construction disputes and disputes against construction professional. His current and past cases include:
- Acting as sole Counsel in a dispute concerning floating oil and gas production and storage vessels located off the coast of Brazil
- Acting as sole Counsel in dispute concerning power plants in South Asia.
- Acting (led by Fiona Sinclair QC) in a dispute about the construction of delivery warehouses used by Amazon.
- Acting on behalf of the Defendant architect in a claim relating to the design and construction of a swimming pool outhouse and cinema room. (Freeborn v da Almeida Marcal [2017] EWHC 3046 (TCC)))
- Acting (led by Anneliese Day QC) in a claim brought by Barnsley College against its professional advisors and main contractors arising out of the construction of a new campus building. The substance of the claim related to the installation of a heating and cooling system (which was said to be defective) and the quantum of the remedial works.
- Acting in a claim against M&E engineers arising out of the refurbishment of a health and fitness centre.
- Acted (led by Roger Stewart QC) in an ongoing dispute over a £20m restoration of a Grade II listed country house. The dispute concerns defective performance and delay.
- Acted (led by Anneliese Day QC) on behalf of the main-contractor in a claim against a firm of civil and structural engineers arising out of the construction of a supermarket. The claim concerned allegations of professional negligence against a firm of engineers in relation to its consideration of ground conditions and the appropriateness of the subsequent foundations.
- Acting on behalf of a firm of architects in relation to their role as project managers of a residential redevelopment.
Financial Services Professionals
Tom has a particular interest in claims involving financial services professionals and has first-hand experience of the financial sector having worked in the Credit Exotics and Hybrids Operations Division at JP Morgan Chase, dealing with credit derivatives and interest rate swaps, before coming to the Bar.
Tom has also undertaken a secondment in the Enforcement Division at the FSA (as then was). During the secondment Tom worked on FSA investigations into the promotion and sale of Unregulated Collective Investment Schemes (UCIS) by IFAs.
Tom’s current and past cases include:
- Acting with Graham Chapman QC in a claim arising out various tax planning schemes.
- Acting as sole counsel in a claim against an IFA in relation to self-invested personal pension schemes
Insurance Brokers & Agents
Tom’s current and past cases include:
- Acting with Ben Hubble QC on behalf of a firm of insurance brokers in a claim arising out of a fire at a casino in Blackpool.
- Acting with Ben Hubble QC and Muhammed Haque QC in a claim against a firm of insurance brokers arising out of damage to a golf club caused by tree roots.
- Acting with Ben Hubble QC on behalf of a firm of insurance brokers in a claim arising out of a fire at commercial premises.
Tom’s current and past cases include:
- Acting (led by Roger Stewart QC) in a claim by a renewable energy company against a firm of City solicitors concerning the drafting of a joint venture agreement.
- Acting (with Justin Fenwick QC) in a claim concerning the sale of distressed assets in the CIS region.
- Acting in relation to claim arising out of an alleged failure to serve proceedings prior to the expiry of the limitation period.
- Acting in a claim arising out of negligent advice in respect of a loan agreement.
- Acting (with Graeme McPherson QC) for the defendant firm of solicitors in a claim brought by a lender against valuers and solicitors arising out of the valuation and mortgage of a Grade II listed building.
- Acting on behalf of a firm of solicitors in a lost litigation claim concerning the limitation period applicable to a claim for breach of a banking mandate
Tom edited the chapter on Patent Attorneys and Trade Mark Attorneys in Jackson & Powell on Professional Liability (7th Edition).
Tom has acted in a large number of valuation disputes including:
- Acting in a claim arising out of the valuations of premium London residential property.
- Acting in a claim arising out of the valuation of a consultancy company.
- Acting with Ben Hubble QC in a claim arising out of the valuation of commercial land and buildings (including an aerodrome) in the north of England.
- Acting with Ben Patten QC in claims arising out of the valuation of residential and retail sites in North London.
- Acting as sole counsel in a claim arising out of the valuation of a farm and surrounding land in the south of England.
- Acting with Ben Hubble QC in a claim arising out of the purchase and development of a technology park.
- Acting with Graeme McPherson QC in a claim arising out of the valuation and mortgaging of Grade II listed country house.