Paul Toms

Paul has been instructed by several airlines in respect of claims under the Montreal Convention and its predecessors and the Denied Boarding Regulations. 

Recent instructions include acting as junior counsel on behalf of the Respondent to a Commercial Court application for costs against a non-party following unsuccessful litigation brought against hull and liability all risk reinsurers of a commercial aircraft: Grecoir Inc v Tilling [2009] EWHC 115 (QB).

Paul also acted as junior to Michael McParland on a heavy Commercial Court application for mandatory interim injunctive relief arising out of a share purchase agreement in respect of an African based aviation company: Lonrho Africa (Holdings) Limited v Norse Air Limited [2008] All ER (D) 190 (Mar).  Paul was also instructed on a multi-million dollar claim for breach of warranty arising out of the same agreement.

In the travel arena, Paul has acted on behalf of package holiday operators and travel agents, including claims under the Package Travel, Package Holidays and Package Tours Regulations 1992.

Paul is regularly instructed to advise, settle Statements of Case and appear in Court in respect of claims by major banks and other financial institutions. He has particular expertise in unjust enrichment and guarantee claims.

Paul has also acted in cases concerning swaps, especially forward freight swaps agreements, letters of credit and factoring agreements. He has also advised a finance management company in respect of their entitlement to commission for introducing investors to a hedge fund vehicle. Recent instructions include a jurisdiction dispute arising out of a forward freight swap agreement: Brave Bulk Transport v Spot on Shipping (2009) 2 Lloyd's Rep 115.

Paul's practice embraces the full range of sea carriage disputes arising under bills of lading, charterparties, towage contracts and the like. He has extensive experience in cargo damage and misdelivery claims. In respect of charterparties, his experience includes off-hire, demurrage, dangerous cargo, unsafe port and speed and consumption disputes. Recent instructions include advising on a number of cases where loss of charter damages are sought following withdrawal for non-payment of hire and arbitration proceedings relating to the safety of an Iraqi port. Paul was junior counsel to Nigel Jacobs QC in Ease Faith Limited v Leonis Marine Management (2006) 1 Lloyd's Rep 673 (breach of towage contract).

Paul also has significant experience in international sale and supply contracts, including cases on CIF/FOB/FOSFA terms.

In the transport field, Paul has vast experience in domestic and international carriage by road cases, with a particular expertise in the CMR, including jurisdictional disputes. He appeared on behalf of the successful Appellant before the Court of Appeal in Hatzl v XL Insurance Company Limited [2010] 1 WLR 470. He also has acted on a number of disputes involving freight forwarders including Rohlig (UK) Ltd v Rock Unique Ltd [2011] EWCA Civ 18.

Paul's practice includes shipbuilding disputes, including the construction of yachts and super-yachts. He is presently instructed in a number of shipbuilding arbitrations.

Paul was instructed as junior counsel on behalf of a company carrying out oil and gas drilling work in Uzbekistan in respect of a multi-million dollar insurance claim arising out of a blow out of a well.

Paul has been instructed by a major national house builder in respect of claims arising from a new-build flat development.

Paul has extensive experience across a wide range of commercial disputes including: IT and computer disputes, claims for breach of warranty/misrepresentation arising out of share sale agreements, claims by introductory agents for commission, advertising and events' management disputes, claims for breach of commercial storage agreements, including a recent dispute about the storage of fine wines, and claims for breach of confidence and other economic torts.  He is presently instructed with Stephen Cogley on an unjust enrichment claim for substantial sums paid by way of landfill tax, which is due to be heard by the Commercial Court later this year.

Cases include Primlake Ltd v Matthews Associates (2007) 1 BCLC 666 (breach of fiduciary/directors' duties), Crystal Palace (2000) Ltd v Iain Dowie (2007) IRLR 682 (misrepresentation), Lonrho Africa Holdings Limited v Norse Air Limited [2008] All ER (D) 190 (Mar) (application for interim mandatory injunctive relief in respect of a share sale agreement) and M & J Marine Engineering Services v Shipshore Ltd [2009] EWHC 2031 (Comm) (contract to supply wheel rollers to be installed in a slipway).

Paul also has significant experience in all aspects of private international law, in particular the Judgments Regulation and its interaction with other international conventions. Cases include Brave Bulk Transport v Spot on Shipping (2009) 2 Lloyd's Rep 115 and Hatzl v XL Insurance Company Limited [2010] 1 WLR 470.

Paul has appeared at, and drafted submissions for, a number of commercial arbitrations with an international dimension.

Paul has extensive experience in insurance matters both marine and non-marine, including coverage disputes raising non-disclosure and misrepresentation defences, and the fraudulent presentation of claims.

Past instructions include: on behalf of insurers in Commercial Court proceedings in respect of a multi-million dollar claim concerning damage to a pipe-lying barge and on behalf of a company carrying out oil and gas drilling work in Uzbekistan in respect of the blow out of a well.

Recent instructions include advising on a business interruption dispute following the ram-raid of a jewellery store, a claim for sums due under binding authorities, advising on the apportionment of responsibility for an insured loss under two liability policies and a claim under a policy for the loss of goods at the Jordan/Iraqi border.

Paul has also advised reinsurers in respect of their entitlement to refuse cover on the basis of non-payment of premium.

Paul has experience at appearing at Mediations and preparing Mediation statements.

Paul has experience of arrests and general average disputes, including a dispute that is due for trial in the Commercial Court later this year.

Paul acted for Iain Dowie, the football manager, at trial in a claim brought against him by Crystal Palace Football Club (Crystal Palace (2000) Ltd v Iain Dowie (2007) IRLR 682). He has also been instructed on behalf of the Amateur Boxing Association of England in respect of a medal incentive scheme for the Olympic Games.

Paul has experience in chancery, company law and insolvency (both personal and corporate) matters.  These include a claim for breach of directors’/fiduciary duties which raised questions of knowing receipt, dishonest assistance, subrogation, tracing and unjust enrichment (Primlake Ltd v Matthews Associates (2007) 1 BCLC 666), an application concerning Schedule B1, paragraph 43 of the Insolvency Act 1986 which raises the important question of whether a Court can grant retrospective leave for the commencement of proceedings against companies in liquidation or administration and which settled shortly before a leap-frog appeal to the Court of Appeal, and an application concerning sections 216 and 217 of the Insolvency Act 1986 dealing with phoenix companies.

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