Theo’s practice is focused on commercial litigation. He appears before domestic and international tribunals, with current and recent cases in the Supreme Court, Court of Appeal, High Court, LCIA and SIAC tribunals.
He has been recognised by the directories:
Current and recent cases include:
In addition to his practice, Theo has lectured on commercial law at City University and on international law at King’s College, London. He is a regular contributor to legal journals.
Theo has written about British politics for, among others, the Times, the Daily Telegraph, the Independent and the Spectator.
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Theo is regarded as one of the up-and-coming juniors at the Commercial Bar, having been ranked by Legal 500 as a rising star in commercial litigation.
A large proportion of Theo’s work is in the Commercial Court. He has experience across the whole range of commercial litigation, including banking, civil fraud, company and insolvency, breach of confidence, economic torts, energy and natural resources, all forms of injunctions, restitution, Sale of Goods, trusts, jurisdiction points and conflict of laws.
Featured Commercial Litigation cases
Much of Theo’s commercial law work is advisory. Recent clients include:
Articles
Theo specialises in sports-related commercial litigation and regulatory work. He is recognised as a Leading Junior in Sports Law in the Legal 500, in which he is described as “…like having a Mercedes in the garage: quick; reliable; nothing ever goes wrong.”
In the last two years he has appeared for Liverpool Football Club in two of the largest football-related claims in the English courts and worked on disputes relating to the ownership of Sheffield United FC and Rangers FC.
He acts on behalf of and against other Premier League football clubs and sporting institutions, advising on contractual issues between clubs and players, sponsorship disputes, negotiations with governing bodies, litigation with suppliers, and intellectual property issues.
Outside of football, he has advised on matters concerning golf, cricket, boxing, athletics and horse racing.
Featured Sports cases
In his advisory practice, Theo has provided assistance to several major sporting venues and institutions on the contractual problems caused by the Covid-19 pandemic, including advising:
Theo is a regular contributor to:
Theo’s intellectual property practice is focussed on “soft IP”: trademarks, copyright infringement, design rights and passing off. He is often brought in as junior on commercial cases with an Intellectual Property aspect.
Current instructions
Past experience
In September 2019 he completed Oxford University’s Intellectual Property Law Residential Programme.
Theo has a wealth of experience in professional liability claims, having advised and acted in claims involving tax advisors, solicitors, auditors, accountants, surveyors, construction project managers and engineers.
In his professional liability practice, he acts for both claimants and defendants in cases in the county courts and the High Court.
Featured Professional Liability cases
Theo is very experienced in advising and acting in professional liability claims against legal professionals. He acts for both Claimants and Defendants.
He has experience in the full range of solicitor liability claims, including lost litigation, under settlement, Limitation Act claims, domestic and international conveyancing negligence and claims arising out of personal injury litigation. He has also acted in claims against solicitors relating to non-contentious transactions that have failed, such as business sales and wills claims.
Current and recent instructions include:
Theo has extensive experience of claims involving accountants and auditors, which has included the following:
Current cases include:
Theo’s has experience acting in claims involving auditors, brokers, actuaries, IFAs and tax advisors.
He has a strong background in investment advice work, having worked for three years on behalf of the Financial Conduct Authority as a ‘skilled person’ under s.166 FSMA, reviewing compensation claims made by SMEs that had been miss-sold Interest Rate Hedging Products.
He also has experience of claims made against mortgage brokers and financial advisors for negligently recommending Interest Only mortgages.
Theo’s has experience acting in claims involving auditors, brokers, actuaries, IFAs and tax advisors.
He has a strong background in investment advice work, having worked for three years on behalf of the Financial Conduct Authority as a ‘skilled person’ under s.166 FSMA, reviewing compensation claims made by SMEs that had been miss-sold Interest Rate Hedging Products.
He also has experience of claims made against mortgage brokers and financial advisors for negligently recommending Interest Only mortgages.
Current cases:
Theo has experience in broker’s negligence claims – an area he is well placed to advise due to his practice in Insurance Law. His experience includes acting and advising on:
Theo has advised on cases involving surveyors. He is able to assist on claims involving a broad range of surveys (from regular residential property surveys to damp and asbestos surveys).
His experience covers a spread of issues, from subsidence to damp, advice on value and the quantum of rectification works.
Theo has experience of advising in multi million pound claims against tax advisors, solicitors and accountants arising out of failed tax mitigation schemes, including employee benefit schemes and Enterprise Investment Scheme investments.
He has worked on these cases as sole counsel and as part of a wider team.
Theo is listed as a Leading Junior for costs litigation in Legal 500 and is described as: “Incredibly bright, with excellent judgment. Very hard-working and responsive. A real pleasure to work with.”
He frequently acts on costs matters in major commercial litigation:
His expertise also includes:
Examples of his current and recent cases include the following:
Solicitor/client costs
Budgeting issues
Detailed assessment
Other
Legal articles
Theo has written the following legal articles about costs:
Theo has considerable experience in insurance litigation, having acted for and against insurers. Recently, he has advised and acted in a number of business interruption matters arising out of the Covid-19 pandemic.
He has acted in cases covering the full range of liability insurance, including D&O, employers, public, product and professional indemnity. He has also appeared in a number of insurance fraud and misrepresentation matters, including the pursuit of fraudulent claimants.
Theo has acted in arbitrations between insures under the PIA, and has particular experience in coverage disputes between insurers relating to run-off insurance and double insurance scenarios.
Theo is building up a strong arbitration practice, with a range of claims under a variety of institutional rules, including ICC, SIAC and LCIA. He also has experience working on arbitrations between insurers in relation to coverage disputes.
He also has expertise on the principles of awarding costs of arbitration, and is currently acting (led by Michael Jones QC) on a case concerned with the circumstances that can underpin a costs order.
Featured International Arbitration cases
4 New Square Chambers’ Theo Barclay has acted for leading footwear manufacturer Dream…
On 30 November 2022 the Court of Appeal handed down judgment in…
4 New Square Chambers’ Roger Mallalieu KC and Theo Barclay will be…
legal 500“Having Theo on your side is like having a Mercedes in the garage: quick; reliable; nothing ever goes wrong.”
legal 500“Incredibly bright, with excellent judgment. Very hard-working and responsive. A real pleasure to work with.”
Legal 500“Outstanding. Smart, diligent, hard-working.”
Theo studied Modern History at Brasenose College, Oxford, where he was an academic exhibitioner.
He then achieved a Distinction in the Graduate Diploma in Law, placing second in his year group.
Between 2010 and 2014 he was awarded Hardwicke, Lord Haldane, Lord Denning and Lord Wolfson scholarships by Lincoln’s Inn.
In 2017 the Inns of Court awarded Theo the Pegasus Scholarship to undertake a two-month fellowship in the United States to study comparative law. The placement included working in the Supreme Court, Senate and House of Representatives, as well as marshalling federal and state judges in Florida, California, Delaware and Virginia.
Theo is a member of COMBAR, the British Association of Sport & Law, the PNBA and the Financial Services Law Association.
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