Profile: Commercial Disputes
Experience and Expertise
Tom regularly acts in commercial disputes and he is particularly experienced in matters that include allegations of fraud. His cases frequently involve an international element with clients coming from all over the world and assets being held in different jurisdictions. Cases often involve the need for interim relief such as freezing orders and other injunctions.
Cases and Work of Note
- Kotecha v Kotecha  Judgment is awaited. Issues involved: constructive trusts, proprietary estoppel and partnership law.
- Palazzo v Palazzo 
- successfully obtaining a worldwide freezing order following the failure of the Respondents to comply with terms settling an international arbitration award involving mining opportunities in Africa;
- representing the claimant company in an on-going civil fraud claim involving a large portfolio of properties in London. The claim is brought in deceit and negligent misstatement as well as for breach of contract;
- acting for a company in a claim brought by a commercial agent based in Guinea for unpaid commission;
- acting on behalf of a company whose confidential data had been obtained by a competitor. Advising on suitable steps to constrain the other party’s ability to profit from the data including the obtaining of interim injunctions;
- representing the purchasers in a dispute over the value of a healthcare business which underperformed in the first year post-acquisition;
- acting for the manufacturer of laser hair-removal beauty products in dispute with service provider. Matter settled at mediation;
- acting in a dispute concerning errors by an advising bank in relation to a letter of credit and goods shipped to Israel by a company. Without payment, the company was unable to trade and defaulted on a multi-million pound loan facility which was guaranteed by the sole shareholder/director;
- acting for two shareholders in quasi-partnership where third shareholder was suspected of embezzling funds and making false entries in the accounts;
- instructed by both the Revenue and Customs Prosecution Office and the Receiver in Re May  EWHC 1826 (QB) in the defence of third party claims made in confiscation enforcement proceedings involving various assets held by a number of offshore entities;
- Clearview International Ltd & Ors v PWH.Com Ltd & Ors  EWHC 1494 (Ch) (27 June 2008). Issues included: freezing orders; formation and construction of a contract; commercial opportunities; database rights; joint ventures; economic torts; breach of confidentiality; company law matters, including: directors’ duties, derivative actions, meetings and resolutions.