Tom Asquith

“Extremely bright, has a charming manner with clients and is a strong advocate.” – Legal 500, 2020: Banking & Finance

“Technically strong and applies his advice in a practical manner.” – Legal 500, 2020: Financial Services

Tom’s financial services experience includes acting for regulators, regulated firms and customers of those firms in both civil and regulatory spheres. He has appeared successfully for the regulated against the FCA before the RDC. He has been both seconded to and instructed by the FSA/FCA. He also has experience of cases involving FOS and the FSCS.

He has acted in claims involving FOREX traders, insurance brokers, investment managers, mortgage brokers and pension advisers.

He also acts regularly in banking matters, including claims relating to loans, guarantees, mortgages, Consumer Credit legislation and the Payment Services Regulations 2009. In Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP [2017] 6 Costs LO 735 he acted as sole counsel for the banks obtaining an indemnity basis costs order after discontinuance of a claim

Clients include the FCA, Bank of Scotland Plc, Santander UK Plc, Bradford & Bingley Plc, Mortgage Express, Egg Banking Plc, Nationwide Building Society, NatWest, Royal Bank of Scotland, Barclays Bank Plc, Clydesdale Bank Plc as well as individuals and corporates.

Tom’s commercial practice encompasses disputes of all kinds involving domestic and international businesses and property, including claims for breach of contract, warranty and misrepresentation claims, claims in respect of licence agreements, share purchase agreements, joint venture agreements, agency agreements and success fees, director’s liability disputes, unfair prejudice petitions, directors disqualification matters, supply/sale of goods disputes, restitutionary claims, pursuing and resisting injunctions, and pursuing and resisting enforcement actions.

He has appeared as sole counsel in trials in the Chancery Division, Commercial Court and the Queen’s Bench Division, as well as in arbitrations.

Tom is a member of COMBAR.

Cases include:

• Axis Football Investments Ltd v (1) Lee Power (2) Swinton Reds 20 Ltd (3) Seebeck 87 Ltd [2020] EWHC 1171 (Ch). Application for injunction regarding potential sale of football club.
• Michael Standing v Lee Power [2020] EWHC 1173 (Ch). Application for fortification of injunction.
• Beverley Goldman & ors v (1) Zurich Insurance Plc (2) East West Insurance Co Ltd [2020] EWHC 192 (TCC). Application for strike out of fraud claim, led by Jeffrey Chapman QC.
• Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP [2017] 6 Costs LO 735. Sole counsel for banks obtaining indemnity basis costs order after discontinuance of claim.
• Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA Acting for insurers in Commercial Court coverage trial (sole counsel) (Italian law). See also [2017] EWHC 955 (Comm) in same proceedings: resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent.
• Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm). Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapman QC.
• Eyland & Sons Ltd v (1) TSL Turton (2014) Ltd (2) Steven Bond [2015] EWHC 3942 (QB) Defending claim for conversion, causing loss by unlawful means and conspiracy as sole counsel.
• D & G Cars Ltd v Essex Police Authority [2015] EWHC 226 (QB). Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC.
• Re I Fit Global Ltd [2014] 2 B.C.L.C. 116. Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding.
• Makar v Russell Jones & Walker [2012] EWHC 3681 (Comm). Application to strike out professional liability claim.

Tom has significant experience in Civil Fraud matters, including the preparation of freezing injunctions. His caseload has included matters alleging breach of confidence, breach of fiduciary duty, deceit, inducement of breach of contract, conspiracy to injure by unlawful means, corruption, conversion, fraudulent bank transfers, mortgage fraud and transfer of a shareholding without consent.

He has been counsel (led and sole) in several fraud cases which have proceeded to judgment.

Tom is a member of the CFLA.

Cases include:

• Beverley Goldman & ors v (1) Zurich Insurance Plc (2) East West Insurance Co Ltd [2020] EWHC 192 (TCC). Application for strike out of fraud claim, led by Jeffrey Chapman QC.
• Zagora and ors v Zurich Insurance Plc and ors [2019] EWHC 140 (TCC); 182 Con. L.R. 180. The claims against D1 and D3 were in contract and pursuant to insurance policies. The claims against Tom’s client, D2 (a Building Regulations approved inspector), were in deceit. After a four week trial those claims failed as 11 of 12 claimants (leaseholders) could not prove reliance and the remaining claimant (a freeholder) could not show the inspector intended a subsequent purchaser of the freehold two or three years after the certificates were issued to rely upon them.
• Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA [2017] EWHC 955 (Comm). Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian law)
• Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm). Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapman QC
• Eyland & Sons Ltd v (1) TSL Turton (2014) Ltd (2) Steven Bond [2015] EWHC 3942 (QB). Defending claim for conversion, causing loss by unlawful means and conspiracy as sole counsel
• D & G Cars Ltd v Essex Police Authority [2015] EWHC 226 (QB). Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC
• Re I Fit Global Ltd [2014] 2 B.C.L.C. 116. Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding

Tom has experience across a range of company and insolvency issues, including winding up petitions, statutory demands, unfair prejudice petitions, directors disqualification matters, transfer at undervalue allegations, and shareholder rights claims. Cases include:

• Axis Football Investments Ltd v (1) Lee Power (2) Swinton Reds 20 Ltd (3) Seebeck 87 Ltd [2020] EWHC 1171 (Ch). Application for injunction regarding potential sale of football club.
• Michael Standing v Lee Power [2020] EWHC 1173 (Ch). Application for fortification of injunction.
• Re I Fit Global Ltd [2014] 2 B.C.L.C. 116. Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding.

Tom has significant experience of construction disputes, both in litigation and arbitration. He has acted in employer-contractor disputes and in cases involving a variety of construction professionals, particularly engineers and architects.

He has particular experience in Building Regulations matters, having acted as sole counsel in a four week trial defending an approved inspector (Zagora and ors v Zurich Insurance Plc and ors [2019] EWHC 140 (TCC); 182 Con LR 180). Other recent TCC work includes Beverley Goldman & ors v (1) Zurich Insurance Plc (2) East West Insurance Co Ltd [2020] EWHC 192 (TCC) (led by Jeffrey Chapman QC).

Tom has considerable experience across a range of costs work. Cases include:

• Chudley v Clydesdale Bank Plc [2019] EWCA Civ 344 (assisted with costs issues after appeal)
• Zagora Management Ltd v Zurich Insurance Plc [2019] EWHC 257 (TCC) (costs order after trial)
• Ansell v AT & T (GB) Holdings Ltd [2017] 12 WLUK 408 (appeal relating to CPR 36.20 and CPR 45.24)
• Conibear v Humphries Kirk Solicitors, SCCO [2017] WLUK 492 (invoices/final statute bills)
• Two Right Feet v National Westminster Bank and others [2017] 6 Costs L.O. 735 (indemnity costs order after trial)
• Cadwallader v Akzo Nobel UK [2014] 6 WLUK 447 (appeal relating to default costs certificates)

Tom has experience of acting as both Counsel and as a paper arbitrator in coverage matters. He acts for both policyholders and insurers. He is particularly familiar with reinsurance, professional indemnity and property policies. He has completed a secondment in Mayer Brown LLP’s insurance department, helping him to understand insurance cases from an instructing solicitor’s perspective. He has also spent time at Lloyd’s shadowing underwriters.

Cases include:

• Beverley Goldman & ors v (1) Zurich Insurance Plc (2) East West Insurance Co Ltd [2020] EWHC 192 (TCC). Application for strike out of fraud claim relating to cover notes, led by Jeffrey Chapman QC.
• Isaac Sarayiah v Royal and Sun Alliance & Ors [2018] EWHC 3437 (Ch) (appeal relating to an application for a third party disclosure order against an insurer).
• Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA (Commercial Court coverage trial (sole counsel) (Italian law))
• Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA [2017] EWHC 955 (Comm) (Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian law))
• Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm) (Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapman QC)

Tom has broad experience of International Arbitration as junior counsel, sole counsel and tribunal secretary (to the Court of Arbitration for Sport). He has acted as sole counsel at several final hearings, including against leading counsel. He is also experienced in challenging and seeking enforcement of arbitration awards. He is on the arbitral panel of Sport Resolutions.

“He commands a lethal mix of being on top of the detail and great at strategy. He’s very good in court and his cross-examination was particularly good.” “He’s a tenacious advocate and is exceptionally easy to work with.” – Chambers & Partners 2020: Professional Negligence

“He gets involved in the detail yet retains the ability to work on strategic issues taking a commercial view.” – Legal 500, 2020: Professional Negligence

Tom is instructed by both claimants and defendants across a wide range of professions.

Tom is able to use his specialist financial services experience (which has included two secondments at what was the Financial Services Authority) to assist with claims against financial services professionals. He also has considerable experience of claims involving allegedly negligent tax advice. He also been instructed in a number of cases relating to auditing.

Tom is well placed to deal with lender claims and undue influence/Etridge claims, due to his experience in banking work. He has acted in a range of such cases for claimants and defendants in the professional liability context and otherwise.

His experience of commercial/company law (e.g. Re I Fit Global Ltd [2014] 2 BCLC 116) makes him suitable for professional liability cases with underlying commercial/company law issues (e.g. Seery [2017] PNLR 14). A large amount of his solicitors cases relate to transactions which have, or are perceived to have, gone wrong.

He has significant experience of claims against construction professionals, including acting as sole counsel in a four week trial against a Building Regulations approved inspector (Zagora and ors v Zurich Insurance Plc and ors [2019] EWHC 140 (TCC)). Engineers and architects are also frequently involved in his cases.

Other professionals for whom Tom has acted for/against include insurance brokers, surveyors and insolvency professionals.

Limitation is an area in which he has significant experience and he has been counsel in two limitation appeals:  Godfrey Morgan Solicitors (a firm) v Mr Michael Armes [2017] PNLR 30 and Trainer v Cramer Pelmont (a firm) [2020] PNLR 3.

He has been involved in numerous strike out applications in the professional liability field, e.g. Makar v Russell Jones & Walker [2012] EWHC 3681 (Comm).

He is also frequently involved in fraud cases, such as Zagora [2019] EWHC 140 (TCC).

He has significant experience in professional liability insurance issues and has acted in two trials in this area, Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA [2017] EWHC 955 (Comm) and Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm)

Tom is a member of the PNBA.

Tom has acted for and against public authorities and regulators. Areas of experience include the powers of regulators, judicial review, public procurement and social security.

In D & G Cars Ltd v Essex Police Authority [2015] EWHC 226 (QB), he resisted claims of conspiracy and corruption in a police force in context of public procurement exercise, as junior to Patrick Lawrence QC

Cases include:

• Axis Football Investments Ltd v (1) Lee Power (2) Swinton Reds 20 Ltd (3) Seebeck 87 Ltd [2020] EWHC 1171 (Ch). Application for injunction regarding potential sale of football club.
• Michael Standing v Lee Power [2020] EWHC 1173 (Ch). Application for fortification of injunction.
• Advising British Horseracing Authority in relation to a potential inquiry
• Acting pro bono in challenge to penalty against British Horseracing Authority
• Acting for rugby player in dispute with former agent

Tom is on the arbitral panel of Sport Resolutions. He also has significant experience of acting as ad-hoc clerk to the Court of Arbitration for Sport.