Wimbledon champion Simona Halep banned from tennis for four years for doping violation
In this article, Theo Barclay reviews the International Tennis Integrity Agency’s decision…
Theo’s practice encompasses business disputes, sports law, intellectual property and costs law. He appears before domestic and international tribunals, with current and recent cases in the Supreme Court, Court of Appeal, High Court and various arbitral tribunals.
He is recognised as a Leading Junior by the directories in the following areas:
Intellectual Property: “Theo is detail orientated, personable, and a brilliant advocate. He is collaborative and strategic with a firm grip on the legal issues, but he also has a real awareness of the commercial background and client relationships” (Legal 500)
Professional Negligence: “Theo is a slick and accomplished trial advocate, always prepared for every eventuality with an uncanny ability to read the courtroom. He is destined for greatness” (Legal 500)
Sport: “He is phenomenally bright and pays astounding attention to details. He is a very good team player and a skilful advocate” (Chambers & Partners)
Costs: “Theo is incredibly bright and able, and produces high-quality work in a very efficient manner. He is a complete pleasure to work with” (Chambers & Partners)
Theo’s commercial practice is wide-ranging, spanning civil fraud, banking and finance, intellectual property, corporate and professional negligence litigation and arbitration. His sports law practice is similarly broad, including regulatory and disciplinary issues, player/agent disputes, IP disputes and commercial litigation in a sports context. He also specialises in costs law, with a particular focus on litigation funding disputes and solicitor/client matters.
His work is frequently international in nature, including international arbitration and English Court litigation involving foreign law.
He has appeared in leading cases across his areas of expertise, including in the Supreme Court and Court of Appeal:
Further details about Theo’s practice areas are set out below.
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Theo’s practice spans a wide range of commercial disputes in the United Kingdom and abroad, including in the Middle East and Asia.
He has worked on substantial claims involving:
He also has experience acting:
Current and recent cases include:
Theo’s commercial practice focuses on fraud litigation. He has appeared in several recent leading fraud cases, including:
He also has experience of various interlocutory applications in a civil fraud context, including of applications for worldwide freezing orders in support of litigation and arbitration.
Current and recent fraud cases include:
Theo is building a strong domestic and international arbitration practice, with a range of claims under a variety of institutional rules, including ICC, SIAC, LCIA, Swiss Rules and FA Rule K.
He has particular experience:
He also has expertise on the principles of awarding costs of arbitration, having acted in Martin v Harris, a High Court appeal on costs under the Arbitration Act 1994.
Featured arbitration cases:
Theo is ranked as a Leading Junior for costs litigation in Chambers & Partners and the Legal 500 and is described as:
“Theo has a sound knowledge of subject matters and his written work and advocacy skills are exceptional.”
“Theo is incredibly bright, but also very friendly and approachable. He turns things around very quickly and is a joy to work with.”
He recently appeared in Therium Litigation Funding v Bugsby Property LLC and Omni Bridgeway v Bugsby Property LLC, the first post-PACCAR cases in the Commercial Court concerning the enforceability of litigation funding agreements.
His practice covers the whole spectrum of costs law, including:
He is also regularly instructed:
His current and recent instructions include:
Theo’s intellectual property practice is focused on trade mark law, copyright infringement and passing off. He is ranked as Leading Junior by the Legal 500 who describe him as “detail orientated, personable, and a brilliant advocate” as well as “collaborative and strategic with a firm grip on the legal issues” with “a real awareness of the commercial background and client relationships.”
As well as representing clients in IP cases, he is often brought in as a junior on commercial cases with an Intellectual Property aspect.
In 2023 he appeared in the Court of Appeal in Combe v Dr Wolff [2022] EWCA Civ 1562 – the leading case on acquiescence in trade mark law. In January 2024 he will return to the Court of Appeal in Iconix v Dream Pairs, which will be a leading case on contextual assessment and post-sale confusion.
Current and recent instructions include:
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.
He is ranked as a leading junior in professional negligence by Legal 500: “Theo is a slick and accomplished trial advocate, always prepared for every eventuality with an uncanny ability to read the court room. He is destined for greatness.”
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 and barrister 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 and recent cases include:
Theo 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 and recent cases include:
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 experience of 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.
He is also experiences in claims against Property Managers, including:
Theo advises on 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.
Current and recent cases include:
Theo specialises in sports-related commercial litigation and regulatory work.
He is recognised as a Leading Junior in Sports Law in Chambers & Partners and the Legal 500, in which he is described as “….no longer a rookie and is becoming a seasoned pro. A team player of fierce intellect.” and “….phenomenally bright and pays astounding attention to details. He is a very good team player and a skilful advocate.”
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.
He has also advised and acted on matters concerning Formula 1, 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 has 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.
He has experience in coverage disputes between insurers relating to run-off insurance and double insurance scenarios.
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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 at City University, London, placing second in his year group.
Theo has been awarded Hardwicke, Lord Haldane, Lord Denning, Lord Wolfson scholarships by Lincoln’s Inn. In 2017 the Inns of Court awarded Theo a Pegasus Scholarship to undertake a two-month fellowship in the United States to study comparative law.
Theo is a member of COMBAR, the British Association of Sport & Law, the PNBA and the Financial Services Law Association.
Outside of law, Theo’s first book, Fighters and Quitters: Great Political Resignations was published by Biteback in January 2018 (Hardback) and February 2019 (Paperback).
He wrote the chapter on George Canning in The Prime Ministers: Three Hundred Years of Political Leadership (Hodder & Stoughton, November 2020) and the chapter on Henry II in Kings & Queens (Hodder & Stoughton, September 2023).
In this article, Theo Barclay reviews the International Tennis Integrity Agency’s decision…
4 New Square’s commercial litigation networking breakfast provided a useful forum to…
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