Thomas Ogden

Tom has significant arbitration experience (domestic and international). He has acted in a wide range of commercial disputes under various different rules. His experience includes acting in large-scale and long-running arbitrations relating to construction and IT projects and civil fraud claims (including those arising out of Russia and the CIS).   He also has experience of challenging arbitral awards pursuant to the Arbitration Act 1996 (both as sole and junior counsel).

Recent examples of his work include:

• Acting (led by Justin Fenwick QC) in an LCIA arbitration concerning the sale and purchase of Russian/CIS companies.
• Acting in an LCIA arbitration in a dispute between two prominent Russian individuals relating to an alleged conspiracy to misappropriate  assets.
• Acted (between 2014 and 2016) in a claim by a joint venture in relation to a nuclear installation (led by Roger Stewart QC and Anneliese Day QC.
• Acting (as sole counsel) in a challenge to an arbitral award (under the Arbitration Act 1996) made in a dispute concerning the sale and installation of wind turbines.
• Acted (between 2011 and 2014) as junior counsel (led by Roger Stewart QC and Leigh-Ann Mulcahy QC) for the UK Government in an LCIA arbitration concerning a £800 million contract for the design, development, testing and support of a complex IT system. The award was successfully set aside in the important decision of The Secretary of State for the Home Department v Raytheon Systems Limited ([2014] EWHC 4375; [2015] EWHC 211) on the basis of serious irregularity.
• Acting in a claim against a firm of auditors in the Bahrain Chamber for Dispute Resolution (BCDR-AAA).

Tom is a contributor to Lexis PSL on Arbitration.

Tom has experience of advising and drafting in cases involving subrogated claims, mortgage fraud, overriding interests and proprietary estoppel. He also has experience of both commercial and residential landlord and tenant disputes.

Tom has a broad commercial practice (court and arbitral). He is regularly instructed to advise and represent a wide range of clients involved in commercial disputes both as sole and junior counsel. His clients include private companies, wholesale and retail banks, retailers, private individuals and government bodies. A number of his cases have an international dimension and he has experience of disputes in offshore jurisdictions.

He has experience of acting in claims involving general contractual disputes, breaches of trust and fiduciary duty, economic torts, civil fraud, mis-selling, conflict of laws and jurisdiction, asset tracing, sale of goods and the supply of goods and services, banking/financial services disputes, employee bonus claims, breach of the Data Protection Act, breach of confidence, misuse of private information and the Gambling Act.

He also has experience of pre-action and interim relief hearings such as freezing and proprietary injunctions, third party disclosure, security for costs and Norwich and Bankers Trust orders.

Recent examples of his work include:

• Acting (led by Graham Chapman QC) in a conspiracy claim relating to the ownership of a Bulgarian telecommunications business (LIC Telecommunications SARL v VTB Capital Plc and Others [2018] EWHC 169 (Comm)).
• Acting (led by Roger Stewart QC) in the Construction Industry Vetting Information Group Litigation concerning allegations of blacklisting in the construction industry.
• Acting (as sole Counsel) in a TCC dispute arising out of the termination of a contract for the provision of IT services (TNTG v Tokio Marine Kiln).
• Acting (led by Stephen Dennison QC) in a high-value PFI dispute relating to the construction and management of waste disposal facilities.
• Acting (as sole Counsel) for an employer in a claim brought by an employee for a US$11 million bonus following the sale of aircraft parts to the Indonesian Air Force.
• Acting in claims for injunctive relief to prevent the taking, retaining and use of confidential information by former employees and business partners arising out of failed joint ventures, licence agreements and employee theft.
• Acting on behalf of a well-known estate agency group in a fraud claim against former employees.
• Acting (as sole Counsel) in a partnership/joint venture relating to the ownership of an award winning local internet supplier. The claim involved threats to terminate the partnership/joint venture and seize assets.
• Acting (led by Graham Chapman QC) on behalf of one of the ‘Big Four’ in relation to tax schemes.

Tom is regularly instructed by employers, contractors and sub-contractors in a wide range of disputes (including adjudications). He is a TECBAR accredited adjudicator. Between 2014 and 2016 he was a member of the TECBAR Committee.

Recent examples of Tom’s work in this area include:

• Acting (led by Stephen Dennison QC) in a high-value PFI dispute relating to the construction and management of waste disposal facilities.
• Acting (led by Fiona Sinclair QC) in a dispute about the construction of delivery warehouses used by Amazon
• 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.
• Acted (between 2014 and 2016) in a claim by a joint venture in relation to a nuclear installation (led by Roger Stewart QC and Anneliese Day QC).
• 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 (led by Anneliese Day QC) in a £40m dispute concerning a cabling upgrade to London Underground.
• Acting as sole counsel for Lalique S.A. in its claim for €5 million arising out of the design, installation and commissioning of an electric furnace for the production of crystal glass. The claim concerned whether the furnace was fit for purpose and met contractual performance criteria.
• Acting on behalf of a sub-contractor specialising in drainage works in its claim against a main contractor.
• Acting on behalf of a concrete supplier in a claim against a sub-contractor arising out of the sale and use of ready mixed concrete.

Tom has experience of the following disciplinary fora:

• The Accountancy and Actuarial Discipline Board (now the FRC);
• The Solicitors Disciplinary Tribunal;
• The FCA’s Regulatory Decisions Committee.

Tom has a particular experience in financial services regulatory work. Before coming to the Bar Tom worked in the Credit Exotics and Hybrids Operations Division at JP Morgan Chase, dealing with credit derivatives and interest rate swap. He has also completed a secondment in the Enforcement Division of the Financial Conduct Authority.

Examples of Tom’s work in this area include:

• Appeared on behalf of the Financial Conduct Authority in an appeal to the Upper Tribunal by an applicant which had been refused permission under Part 4A of the Financial Services and Markets Act 2000 to carry on a range of regulated activities. Abi Fol Consulting Ltd v The Financial Conduct Authority [2016] UKUT 49 (TCC).
• Instructed by a number of SMEs and individuals in relation to the mis-selling of interest rate swaps.
• Instructed by The Accountancy and Actuarial Discipline Board (AADB) in relation to its investigation into a Big Four firm arising out of the collapse of Lehman Brothers.
• Acting on behalf of a defendant against a Provisional Decision of the Financial Ombudsman.
• Advising a Saudi Arabian wholesale bank on its rights and remedies under a Revolving Short Term Loan Agreement and related securities.
• Instructed with Nicholas Davidson QC in a claim by a private company against a major retail bank in respect of the withdrawal of its business funding facility.
• 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 and the conduct of mortgage lenders. He advised on various aspects of the Financial Services and Markets Act 2000 and the FSA Handbook, conducted interviews of witnesses, drafted warning notices and helped prepare cases for the Regulatory Decisions Committee.

Tom is a member of the FSLA.

Tom has experience of acting in matters involving material non-disclosure, inducement, incorporation of terms, waiver and notification under the terms of a professional indemnity policy. He acts for both Claimants and Defendants.

Examples of Tom’s work include:

• Advising on coverage issues following fire damage to a sports hall
• Acting in claim arising out of the destruction of goods in the course of an international employee relocation;
• Acting for the claimant following fire damage caused by a fire in adjacent premises

‘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.

Further information can be found by following the links in respect of individuals professions.

Tom is an editor of Jackson & Powell on Professional Liability (7^th and 8^th Editions) and is a member of the PNBA.

Tom is ranked as a Leading Junior for IT and Telecoms in Legal 500, described as “very hardworking, knowledgeable and provides sound advice” (2019), “well respected for high-value IT arbitrations”, “an astute and insightful junior” with a “wonderful drafting style and superb attention to detail.” 

Tom is the editor of the chapter on Information Technology Professional in Jackson & Powell on Professional Liability (8^th Edition, forthcoming).

Examples of his recent work in this area include:

• Acting (led by Graham Chapman QC) in a conspiracy claim relating to the ownership of a Bulgarian telecommunications business (LIC Telecommunications SARL v VTB Capital Plc and Others [2018] EWHC 169 (Comm)).
• Acting (as sole counsel) for the Claimant (a network and broadband specialist) in its claim for damages arising out of the Welsh Government’s public sector broadband initiative.
• Acting (as sole Counsel) in a claim brought by Microsoft alleging the wrongful use of licensed products.
• Acting (as sole counsel) for the Claimant in a  claim arising out of the termination for non-performance and delay of a contract to deliver a disaster recovery system to a global insurance firm (TNTG v Tokio Marine Kiln).
• Acting in a dispute between business partners about the ownership of an award winning local internet service provider. The concerned the ownership of assets and the termination  of the business arrangement.
• Acting for a fibre broadband provider in relation to a dispute about the provision of broadband to a firm of patent attorneys
• Acted (between 2011 and 2014) as junior counsel (led by Roger Stewart QC and Leigh-Ann Mulcahy QC) for the UK Government in its claim arising out of the termination of an £800 million contract for the design, development, testing and support of a complex IT system. The award was successfully set aside in the important decision of The Secretary of State for the Home Department v Raytheon Systems Limited ([2014] EWHC 4375; [2015] EWHC 211) on the basis of serious irregularity.
• Advising a leading UK retailer on its rights under a contract for the design, supply and support of an IT system.
• Acting as sole counsel in relation to a dispute between a German publishing company and a U.S developer in relation to a license agreement for the development and sale of an online game.
• Involved in Mercantile Court proceedings on behalf of a UK software developer and supplier in respect of claims made by a European IT integration company arising out of onward sales of software to a North African Government pursuant to a reseller agreement.

Tom is a member of the Society for Computers and Law and TECBAR.

Tom has acted for and against private individuals, companies and local authorities in claims in which property damage has been caused by fire, flooding, explosions, subsidence, tree roots and construction and repair work. Many of these claims are subrogated claims. Tom’s work in this area overlaps with his insurance, construction and professional liability work. Examples of his work include:

• Acting in  a claim against a highway authority and a sewerage authority following flood damage said to have been caused by a failure to maintain a local sewer system adequately;
• Acting for a firm of insurance brokers (led by Ben Hubble QC) in a claim arising out of property damage alleged to have been caused by tree roots. A central issue in the case was when damage occurred for the purpose of various insurance policies in light of the recent case law on tree root subsidence.
• Acting for a private individual whose house suffered severe damage as a result of a fire caused by his neighbour’s stove.
• Acting in a claim against a repair company after a fire which started in an appliance repaired by the company caused damage to the claimant’s house.