Called: 1994 Silk: 2018
Practice Overview
Tom is a leading commercial barrister specialising in shipping, shipbuilding, energy, international trade, insurance and international arbitration. He is recognised as a leading practitioner by the Legal 500 UK / Asia Pacific in International Arbitration and Shipping, and by Chambers UK / Global in Shipping & Commodities.
In the directories, Tom has been described as "fantastic", "spectacular", "extremely hard-working and clever", "quick on his feet", "brave", "intuitive", "incredibly practical" and "completely unflappable"; and he has won praise for his "spot-on" understanding of the law, his "exceptionally good" command of technical issues, and his "highly persuasive and very effective" advocacy.
Tom represents shipowners, commodity traders, shipyards, underwriters, salvors, oil companies, banks and other commercial clients, in the Business & Property Courts (Commercial Court, Admiralty Court & Chancery Division), the Court of Appeal, and international commercial arbitrations. He is particularly skilled at handling cases involving complex commercial transactions and technical expert issues. He also specialises in emergency applications including freezing and antisuit injunctions.
Chambers UK / Global 2018 says of him: "A highly commended practitioner specialising in wet and dry shipping, international trade and insurance disputes. He has particular strength in emergency applications as well as technical issues related to navigation and seamanship. He is a frequent presence on both the courtroom circuit and in trade arbitrations."
Recently Tom represented the owners and P&I insurers of The "Atlantik Confidence" in Kairos Shipping v AXA [2016] EWHC 2412 (Admlty), one of The Lawyer Magazine's top 10 cases of 2016.
Tom is a contributing editor of Marsden & Gault on Collisions at Sea 2016 and the editor of Atkin’s Court Forms: Arbitration 1998-2016. He is admitted as an attorney in New York.
‘Very detailed and technicaly strong, he can absorb highly technical documents and add great value.’
(Legal 500 Asia Pacific, 2019)‘He is fantastic to work with.’
(Legal 500 2019)‘Gives well-researched advice on very complicated legal issues.’
(Legal 500 2019)‘Highly recommended for his ability to give well-researched advice on complicated legal issues, as well as his approachability and promptness.’
(Legal 500 2019)"Very user-friendly. He grasps difficult technical detail and has impressed me on multi-jurisdictional work. He really rolls his sleeves up to get to grips with foreign law issues."
(Chambers UK 2019)"He was spectacular. The judge was impressed by his knowledge of technical matters.
(Chambers UK, 2018)"Very detail-oriented and very quick to get to grips with the legal principles."
(Chambers UK, 2018)"His written advocacy is highly persuasive and very effective."
(Legal 500 UK, 2017)"He is very hardworking, intuitive and quick on his feet."
(Legal 500 UK, 2017)"Exceptionally good with the technical aspects."
(Chambers UK/Global, 2017)"His understanding of the maritime and commercial law was spot-on and he is able to direct a case to the right issues. He was completely unflappable, he kept his head no matter what was thrown our way."
(Chambers UK/Global, 2017)“A very friendly and amiable junior with a good understanding of the law and client needs.”
(Legal 500 Asia Pacific, 2017)"He is everything that a client would want to see and everything an opponent would not want to see."
(Legal 500 UK, 2016)"Thorough, reliable and someone with a great understanding of the technical elements of the trade."
(Chambers UK/Global, 2016)"He knows how to expertly handle all aspects of a case."
(Chambers UK/Global, 2016)"Brave, intuitive and supportive."
(Legal 500 UK, 2015)"A dogged and persistent advocate who leaves no stone unturned for his client."
(Chambers Global, 2015)"Incredibly practical and very astute."
(Legal 500 UK, 2014)"Extremely hard-working and clever - a very intelligent chap."
(Chambers UK, 2014)Tom has extensive experience of all types of shipping work, including charterparty disputes, cargo claims, collisions, salvage and GA. He is noted in the directories for his great understanding of the technical elements of the trade, and has a strong grasp of navigation, seamanship and engineering principles. He is a contributing editor of Marsden & Gault on Collisions at Sea, 14th Ed (2016).
Illustrative "dry" shipping cases include:
Illustrative "wet" shipping cases include:
Tom has acted in a wide variety of commodities disputes, in the Commercial Court in relation to freight derivatives and the sale of coal and fuel oil, in commercial arbitrations under the aegis of the LCIA and LMAA, and in trade arbitrations (GAFTA, FOSFA, RSA, LME).
Illustrative cases include:
Much of Tom's practice involves LMAA, LCIA and Lloyd's salvage arbitrations. He also acts in ad hoc arbitrations and trade arbitrations under the aegis of GAFTA, FOSFA, RSA and LME. Invariably, these are international disputes between international parties.
Tom has experience of a broad range of applications to the High Court under the Arbitration Act 1996, including stay applications under section 9 and applications to extend time under section 12. He has also acted in a number of challenges to awards on jurisdictional grounds under section 67 and serious irregularity under section 68, and appeals on points of law under section 69.
Tom has particular experience of applications for freezing injunctions, other interim relief under section 44 of the 1996 Act, and anti-suit injunctions to restrain proceedings brought in breach of arbitration agreements or which interfere with arbitral proceedings.
Illustrative cases include:
Tom has edited the arbitration volume of Atkin's Court Forms since 1996.
Tom has wide experience of marine insurance disputes. He has also acted in a number of non-marine insurance cases, including disputes relating to insurance / reinsurance of credit risk; international customs liabilities; goods in transit; and commercial and domestic buildings.
Illustrative cases include:
Tom acted as as junior counsel to the Names in Henderson v Merrett Syndicates [1996] 5 Re LR 279, [1996] PNLR 32, [1997] LRLR 265, and several other high profile cases within the Lloyd's litigation, concerning the negligent writing of stop-loss reinsurance, whole account run-off and RITC, and related professional negligence claims against members agents, auditors and actuaries. He has also represented insurance brokers in Lloyd's disciplinary proceedings. He is a former editor of Atkin's Court Forms: Insurance.
Tom's practice encompasses disputes relating to derivatives, asset finance and trade finance. He has also acted in a number of disputes involving letters of credit, bills of exchange, guarantees and letters of indemnity.
Illustrative cases include:
Tom's commercial litigation practice covers commercial contract disputes, share sale disputes, claims arising out of supply and distributorship agreements, and disputes between partners and joint venturers. Illustrative cases include:
Tom is frequently instructed in disputes involving allegations of fraud, forgery and misrepresentation. His forensic skills and attention to detail make him a particularly effective advocate in this type of case. Illustrative cases include:
Tom has substantial experience in energy and natural resources. He has acted in a number of disputes involving petroleum production, transportation and refining; ocean towage, heavylift transportation and salvage of semi-submersible platforms and jack-ups; construction and operation of offshore supply vessels; and the carriage and sale of crude oil, petroleum products and coal.
Illustrative cases include:
Tom is currently instructed in a dispute between a major shipowner and a leading shipbuilder in relation to a series of contractual options to purchase a number of large containerships at a total cost of US$ 3/4 billion. The dispute centres on delivery dates and the buyer's right to choose between various NOx tier III emissions solutions.
Other significant cases include:
Many of Tom's cases feature jurisdictional issues and conflicts of law. Notable cases include:
Tom is regularly instructed to obtain freezing injunctions, antisuit injunctions and other forms of interlocutory relief, such as Vasso / Cienvic orders and interim orders for the sale of perishable cargo, often on an emergency basis. He has particular experience of applying for freezing injunctions against parties against whom the applicant has no substantive cause of action, under the Court's Chabra / Cardile jurisdiction. Notable examples include:
"He was spectacular. The judge was impressed by his knowledge of technical matters. ... Very detail-oriented and very quick to get to grips with the legal principles."
(Chambers UK / Global, 2018)"He is very hardworking, intuitive and quick on his feet. ... His written advocacy is highly persuasive and very effective."
(Legal 500 UK, 2017)Academic
MA (Cantab)
LLM (Cantab)
LLM (Cornell)
Awards
Stonyhurst Major Scholarship,
Lizette Bentwich Law Prize,
Ver Heyden de Lancey Prize,
Trinity College Cambridge Graduate Studentship,
Henry Hollond Travelling Scholarship,
Cornell International Law Journal
Other Qualifications
Attorney & Counselor at Law, New York,
Middle Temple Advocacy Faculty
Languages
French (working knowledge)
German (basic)
Publications
Marsden & Gault on Collisions at Sea, 14th Ed (2016)
Atkin’s Court Forms: Arbitration (1998-2016)
Butterworth's Commercial Court & Arbitration Pleadings (2005)
Atkin’s Court Forms: Insurance (1996)
Monarch Airlines & the EU Slots Regulation, Int’l Corporate Rescue Vol 15(4) (2016)
OTC Forward Freight Agreements, Shipping & Transport Int’l Vol 9(2) (2012)
Presentations
The impact of Brexit on London as a shipping dispute resolution centre; constituting limitation funds; Chabra / Cardile freezing injunctions; carriage of goods by sea; time charters; voyage charters; liability for marine casualties
Memberships
COMBAR, LCLCBA, NYSBA
Personal
Married with 4 children; lives in Dulwich
Interests
Music, sport and reading