Tom Asquith specialises in commercial litigation and arbitration. He is an experienced trial advocate whose caseload includes issues of jurisdiction and foreign law (e.g. Caribbean, Italian, Middle Eastern and US) across his areas of expertise.

He has been described in Legal 500 as “Commercial, clever, a great advocate, and good at finding persuasive slants”“He is very well prepared, thinks well on his feet and leaves no room for challenge” ;“A junior who is going places; he is hardworking, incisive and good with clients” ; and “He is excellent and has expertise and wisdom beyond his years”. 

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Areas of Expertise

Banking & Financial Services

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Very diligent and focused on achieving the client’s commercial objectives. – Legal 500, 2019: Banking & Finance

Quickly grasps the relevant facts and his attention to detail is second to none.’ – Legal 500, 2019: Financial Services

Tom is recommended by the Legal 500 as a leading junior in both Banking and Finance and 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.

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.

Cases

Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP

Click to read description

[2017] 6 Costs L.O. 735
[2017] 6 Costs L.O. 735
Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP

Sole counsel for banks obtaining indemnity basis costs order after discontinuance of claim

Civil Fraud

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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

Zagora and ors v Zurich Insurance Plc and ors

The claims against D1 and D3 were in contract and pursuant to insurance policies. The claims against Tom’s clie...

[2019] EWHC 140 (TCC)
[2019] EWHC 140 (TCC)
Zagora and ors v Zurich Insurance Plc and ors

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

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian la...

[2017] EWHC 955 (Comm)
[2017] EWHC 955 (Comm)
Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian law)

Rahim v Arch Insurance Co (Europe) Ltd

Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapma...

[2016] All ER (D) 142 (Nov)
[2016] All ER (D) 142 (Nov)
Rahim v Arch Insurance Co (Europe) Ltd

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

Click to read description

[2015] EWHC 3942 (QB)
[2015] EWHC 3942 (QB)
Eyland & Sons Ltd v (1) TSL Turton (2014) Ltd (2) Steven Bond

Defending claim for conversion, causing loss by unlawful means and conspiracy as sole counsel

D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC

[2015] All ER (D) 85 (Mar)
[2015] All ER (D) 85 (Mar)
D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC

Re I Fit Global Ltd

Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding

[2013] All ER (D) 208 (Jul); [2014] 2 B.C.L.C.
[2013] All ER (D) 208 (Jul); [2014] 2 B.C.L.C.
Re I Fit Global Ltd

Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding

Commercial Dispute Resolution

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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 for rectification of contracts and other documents, claims in respect of licence agreements, share purchase agreements, joint venture agreements, agency agreements and success fees, product liability matters, defamation claims, 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

Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP

Click to read description

[2017] 6 Costs L.O. 735
[2017] 6 Costs L.O. 735
Two Right Feet Ltd v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP

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)

[2017] 2 WLUK 510
[2017] 2 WLUK 510
Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Acting for insurers in Commercial Court coverage trial (sole counsel) (Italian law)

Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian la...

[2017] EWHC 955 (Comm)
[2017] EWHC 955 (Comm)
Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian law)

Rahim v Arch Insurance Co (Europe) Ltd

Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapma...

[2016] All ER (D) 142 (Nov)
[2016] All ER (D) 142 (Nov)
Rahim v Arch Insurance Co (Europe) Ltd

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

Click to read description

[2015] EWHC 3942 (QB)
[2015] EWHC 3942 (QB)
Eyland & Sons Ltd v (1) TSL Turton (2014) Ltd (2) Steven Bond

Defending claim for conversion, causing loss by unlawful means and conspiracy as sole counsel

D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC

[2015] All ER (D) 85 (Mar)
[2015] All ER (D) 85 (Mar)
D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force, as junior to Patrick Lawrence QC

Re I Fit Global Ltd

Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding

[2013] All ER (D) 208 (Jul); [2014] 2 B.C.L.C.
[2013] All ER (D) 208 (Jul); [2014] 2 B.C.L.C.
Re I Fit Global Ltd

Pursuing unfair prejudice petition involving purported removal of petitioner’s shareholding

Makar v Russell Jones & Walker

Application to strike out professional liability claim (Commercial Court)

[2012] EWHC 3681 (Comm)
[2012] EWHC 3681 (Comm)
Makar v Russell Jones & Walker

Application to strike out professional liability claim (Commercial Court)

Construction & Engineering

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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. He has particular experience in Building Regulations matters, having acted as sole counsel in a four week trial relating to the same (Zagora).

Cases

Zagora and ors v Zurich Insurance Plc and ors

The claims against D1 and D3 were in contract and pursuant to insurance policies. The claims against Tom’s clie...

[2019] EWHC 140 (TCC)
[2019] EWHC 140 (TCC)
Zagora and ors v Zurich Insurance Plc and ors

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.

Costs

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

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

Insurance & Reinsurance

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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 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.

Tom is a member of BILA.

Cases

Isaac Sarayiah v Royal and Sun Alliance & Ors

An appeal relating to an application for a third party disclosure order against an insurer.

[2018] EWHC 3437 (Ch)
[2018] EWHC 3437 (Ch)
Isaac Sarayiah v Royal and Sun Alliance & Ors

An appeal relating to an application for a third party disclosure order against an insurer.

Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Acting for insurers in Commercial Court coverage trial (sole counsel) (Italian law)

[2017] 2 WLUK 510
[2017] 2 WLUK 510
Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Acting for insurers in Commercial Court coverage trial (sole counsel) (Italian law)

Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian la...

[2017] EWHC 955 (Comm)
[2017] EWHC 955 (Comm)
Pietro Gatto (T/A AG Avvocati Gatto) v Allianz SPA

Resisting application to add a claim of fraudulent misrepresentation against an insurer’s alleged agent (Italian law)

Rahim v Arch Insurance Co (Europe) Ltd

Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapma...

[2016] All ER (D) 142 (Nov)
[2016] All ER (D) 142 (Nov)
Rahim v Arch Insurance Co (Europe) Ltd

Defending allegations of dishonesty made against solicitor by insurer in Commercial Court trial, led by Graham Chapman QC

International Arbitration

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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. He is also experienced in challenging and seeking enforcement of arbitration awards. He is on the arbitral panel of Sport Resolutions.

Tom is a member of YIAG.

Cases

Arbitration between X v Y

Acting in a dispute about responsibility for payment of insurance premiums against Clive Freedman QC at a final heari...

(2015)
(2015)
Arbitration between X v Y

Acting in a dispute about responsibility for payment of insurance premiums against Clive Freedman QC at a final hearing (sole counsel)

International Tennis Federation v Marin Cilic

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2013/A/3335
CAS 2013/A/3335
International Tennis Federation v Marin Cilic

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Marin Cilic v International Tennis Federation

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2013/A/3327
CAS 2013/A/3327
Marin Cilic v International Tennis Federation

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Arbitration between P v Q

Acting in a partnership dispute at a final hearing (sole counsel)

(2012)
(2012)
Arbitration between P v Q

Acting in a partnership dispute at a final hearing (sole counsel)

Piergorgio Bucci v Federation Equestre Internationale (FEI)

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2010/A/2283
CAS 2010/A/2283
Piergorgio Bucci v Federation Equestre Internationale (FEI)

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Professional Liability

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He routinely achieves outcomes which exceed expectations and has something of a knack of having a weak opposition’s case dismissed at an early stage. – Legal 500, 2019: Professional Negligence

Tom is ranked as a Leading Professional Negligence Junior by Legal 500 and 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.

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 B.C.L.C. 116) makes him suitable for professional liability cases with underlying commercial/company law issues (e.g. Seery [2017] P.N.L.R. 14).

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).

Tom is a member of the PNBA.

Cases

Zagora and ors v Zurich Insurance Plc and ors

The claims against D1 and D3 were in contract and pursuant to insurance policies. The claims against Tom’s client, ...

[2019] EWHC 140 (TCC)
[2019] EWHC 140 (TCC)
Zagora and ors v Zurich Insurance Plc and ors

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.

Godfrey Morgan Solicitors (a firm) v Mr Michael Armes

Sole counsel in Court of Appeal; concerning CPR 19.5

[2017] All ER (D) 16 (May); [2017] P.N.L.R. 30
[2017] All ER (D) 16 (May); [2017] P.N.L.R. 30
Godfrey Morgan Solicitors (a firm) v Mr Michael Armes

Sole counsel in Court of Appeal; concerning CPR 19.5

Seery v Leathes Prior (a firm)

Defended firm of solicitors at trial (sole counsel)

[2017] P.N.L.R. 14
[2017] P.N.L.R. 14
Seery v Leathes Prior (a firm)

Defended firm of solicitors at trial (sole counsel)

Makar v Russell Jones & Walker

Application to strike out professional liability claim (Commercial Court)

[2012] EWHC 3681 (Comm)
[2012] EWHC 3681 (Comm)
Makar v Russell Jones & Walker

Application to strike out professional liability claim (Commercial Court)

Public Law & Human Rights

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Tom has acted for and against public authorities and regulators.

Areas of experience include judicial review, public procurement and social security.

Cases

D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force in context of public procurement exercise, as junior ...

[2015] All ER (D) 85 (Mar)
[2015] All ER (D) 85 (Mar)
D & G Cars Ltd v Essex Police Authority

Resisting claims of conspiracy and corruption in a police force in context of public procurement exercise, as junior to Patrick Lawrence QC

Sports Law

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Experience includes:

  • Acting as ad-hoc clerk to Court of Arbitration for Sport
  • Advising British Horseracing Authority in relation to a potential inquiry
  • Acting pro bono in challenge to penalty against British Horseracing Authority

Tom is on the arbitral panel of Sport Resolutions and is a member of the British Association for Sport and Law.

Cases

International Tennis Federation v Marin Cilic

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2013/A/3335
CAS 2013/A/3335
International Tennis Federation v Marin Cilic

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Marin Cilic v International Tennis Federation

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2013/A/3327
CAS 2013/A/3327
Marin Cilic v International Tennis Federation

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Piergorgio Bucci v Federation Equestre Internationale (FEI)

Acting as ad-hoc clerk to the Court of Arbitration for Sport

CAS 2010/A/2283
CAS 2010/A/2283
Piergorgio Bucci v Federation Equestre Internationale (FEI)

Acting as ad-hoc clerk to the Court of Arbitration for Sport

Qualifications & Memberships

BA (Oxon.) (Classics); Lord Mansfield, Lord Brougham, Hardwicke and Hubert Greenland scholarships from Lincoln’s Inn.

 

Publications

VAT registration number: 941138537