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Corporate

Corporate (contentious)

Recent shareholder disputes on which Tom has been instructed include:

  • LCIA arbitration (London seat): shareholders’ dispute between holders of £1bn family-owned business (with James Potts KC and Chantelle Staynings). Settled before a six-week trial.
  • Confidential dispute between shareholders of a family-owned property business (ongoing, with Nigel Dougherty).
  • Confidential dispute between founders and investors of a telecoms company (ongoing, with Nigel Dougherty).
  • Confidential dispute concerning control of a substantial Jersey-incorporated property business and related claims (ongoing, with Jersey Counsel).

Other recent and ongoing corporate disputes include:

  • Dispute concerning compliance with s. 552 of the Companies Act 2006 (ongoing, with Andrew Thornton KC).
  • Dispute concerning statutory guarantee under s. 479 of the Companies Act 2006 (ongoing, with Andrew Thornton KC).
  • Multiple corporate derivative claim concerning valuable offshore hospitality business (ongoing, with offshore Counsel).
  • Acting for the successful party in an independent adjudication on the scope of a director’s indemnity in respect of multinational data and software company (with James Potts KC).

Corporate advisory

Recent led instructions include advice on:

  • The validity of a complex capital reduction demerger (with James Potts KC)
  • Compliance with the Listing Rules requirements applicable to a premium-listed company (with Andrew Thornton KC)
  • A challenge to a multi-billion-dollar overseas takeover scheme of arrangement (with Andrew Thornton KC)
  • Advice on construction of articles of association for the purposes of an inheritance tax dispute (with Francis Fitzpatrick KC)

Recent unled instructions include:

  • Advice on the validity of a solvency statement reduction of capital.
  • Drafting rule changes to remedy share capital issues affecting a community benefit society.
  • Regular advice on defective corporate registers and corrective steps.
Restructuring & Insolvency

Recent and ongoing led instructions include:

  • Re Northstar Financial Services (Bermuda) Limited and Omnia Ltd: advising joint provisional liquidators on all aspects of the liquidations (with Michael Todd KC and Philip Morrison), including the operation of the statutory segregated accounts regime (2023] SC (Bda) 57 Civ), claims in respect of historical fraudulent activity and the valuation and priority of claims.
  • Successful application for service out of multi-million euro claim by a company in liquidation for the return of unexplained payments.

Recent unled instructions include:

  • Payerise Ltd (in liquidation) v Clements and Howe: acted (unled) for the company in a six-figure claim to recover pre-liquidation payments. Settled before trial for a confidential sum.
  • Re WSC World Sporting Consulting Ltd: successful defence of an application to restrain advertisement of a winding-up petition in respect of a motorsport event organisation.
Arbitration

LCIA arbitration (London seat): shareholders’ dispute between holders of £1bn family-owned business (with James Potts KC and Chantelle Staynings). Settled before a six-week trial.

Schemes of arrangement

Tom has acted on the following matters (with Andrew Thornton KC):

  • Re West African Gas Pipeline Co Ltd [2022] EWHC 296 (Ch): novel members’ scheme of arrangement of a Bermudian company. Convening hearing judgment reported at [2022] BCC 524.
  • Advice on class issues relating to proposed members’ scheme of an offshore telecoms company.
  • Advice on challenge to multi-billion-dollar overseas takeover scheme.
International & Offshore

Recent and ongoing instructions include:

  • Re Northstar Financial Services (Bermuda) Limited and Omnia Ltd: advising joint provisional liquidators on all aspects of the liquidations (with Michael Todd KC and Philip Morrison), including the operation of the statutory segregated accounts regime (2023] SC (Bda) 57 Civ), claims in respect of historical fraudulent activity and the valuation and priority of claims.
  • Confidential dispute concerning control of a substantial Jersey-incorporated property business and related claims (ongoing, with Jersey Counsel).
  • Multiple corporate derivative claim concerning valuable offshore hospitality business (ongoing, with offshore Counsel).
  • Acting for the successful party in an independent adjudication on the scope of a director’s indemnity in respect of multinational data and software company (with James Potts KC).
  • Advising beneficiaries of a substantial family trust for the purpose of litigation on multiple fronts in Bermuda and the Cayman Islands.
  • Drafting expert evidence on BVI law for a confidential arbitration (with David Chivers KC).
Education & Publications

BPTC (City, University of London) – Outstanding

GDL (City, University of London) – Distinction, top in year

MPhil Classics (University of Cambridge) – Distinction

BA Classics (University of Oxford) – First, top in year

Tom is a contributor to the forthcoming edition of Lightman and Moss on the Law of Receivers and Administrators

 

Prizes and Scholarships

Lord Mansfield Scholarship (Lincoln’s Inn) – Inn’s top BPTC scholarship

GDL prizes for best overall performance and highest marks in contract and criminal law (City, University of London)

Lord Haldane Scholarship (Lincoln’s Inn)

BA Classics: first in year; Gibbs Prize for best performance in Greek literature papers; proxime accessit Honour Moderations (University of Oxford)

Webinar

10@12 Series : The “reflective loss” defence: practice, pitfalls and recent developments

 

News

Article – Re: Northstar Financial Services (Bermuda) Ltd and Omnia Ltd [2023] SC BDA 57 (civ)
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