Tom Nixon

Called: 2017

Practice Overview

Tom has developed a practice that matches the breadth of Chambers’ practice areas, including international commercial disputes, shipping, conflicts of laws, commodities, aviation, commercial chancery and company work. He has acted, both as sole counsel and as a junior, on claims varying in value from hundreds of pounds to multiple billions. He enjoys difficult cases, and prides himself on being responsive and easy to work with.

Highlights include appearing for the Respondent, led by Joseph Sullivan, in the Supreme Court in Takhar v Gracefield Developments Ltd, in which a seven-Judge panel decided the test for setting aside a judgment on the basis that it was procured by fraud. This raised a wide variety of issues, involving the fundamental principles of res judicata, the public policies surrounding fraud, and a detailed examination of the powers that courts have to manage the conduct of litigation generally. The Judgment of the Supreme Court can be found here.

  • Shipping & Maritime K View More

    Tom has developed a wide experience of claims under bills of lading and charterparties, including for damage to cargo and vessels, speed and performance claims, and demurrage, raising issues of expert evidence, quantum, mitigation and unjust enrichment. Further examples include:

    • Applications for pre-action disclosure and specific disclosure in support of cargo claims under the new Disclosure Pilot
    • Claiming under a marine insurance policy for loss suffered consequent upon a main engine breakdown, worth US$1.2m.
    • Acting as a junior in respect of a salvage claim worth around £40m, involving fundamental principles of international law.
    • Challenges and appeals arbitration awards, under LMAA Rules and otherwise, pursuant to s67, 68 and 69 of the Arbitration Act 1996.
    • An application for summary judgment in a debt recovery claim in the Admiralty Court under a loan agreement secured by a mortgage over a registered yacht, involving a dispute as to the method used by the mortgagee to procure a sale.
    • Advising in relation to the maintenance costs of the HMS President, an aging World War I decoy vessel.
  • Commercial Dispute Resolution K View More

    Tom has experience in a wide variety of disputes that cover all aspects of commercial law and practice, ranging from contractual disputes, shareholder disputes, fraud, the sale and carriage of goods, and insolvency. Examples include:

    • Challenging jurisdiction in a claim by a company against a shareholder worth €36 million on the basis of res judicata by merger (led by Robert-Jan Temmink QC)
    • Appearing as a junior in a multi-billion dollar dispute between a Southeast Asian government and a sovereign wealth fund.
    • Acting in relation to a complex dispute between shareholders of a private company, involving freezing injunctions, allegations of fraud and the principles of agency, unjust enrichment, winding up and unfair prejudice.
    • Advising in relation to sale of goods contracts and web services agreements.
    • Advising and pleading on behalf of a hotel who refused  to pay consultancy fees following a failure to obtain planning permission for a series of proposed developments.
    • Advising in relation to the damage caused to the stock when a warehouse was flooded by extreme weather, raising issues of act of god, force majeure and the fundamental principles of bailment.
    • Pleading and advising in respect of claims pertaining to carriage of goods by road, under the RHA terms, BIFA terms and the CMR.
  • Aviation & Travel K View More

    Tom has experience in respect of a wide variety of aviation matters, including “extraordinary circumstances” under Regulation 261/04, and personal injury and baggage claims under the Montreal Convention.

  • International Trade & Commodities K View More

    Tom has argued multiple claims for detention in FOSFA Arbitration, including issues concerning construction of the FOSFA Rules.

  • Insolvency & Restructuring K View More

    Tom has appeared in respect of various small insolvency matters, including obtaining validation orders, company restoration orders, and in the winding-up court.


Academic


BA Jurisprudence (University of Oxford), 1st Class (placing 5th in year out of over 200)

LLM (University College London), Distinction (placing 2nd in year out of over 400)

BPTC (BPP), Outstanding

Awards


Lord Mansfield Scholarship, Lincoln’s Inn (2016)

Hardwicke Scholarship, Lincoln’s Inn (2016)

Excellence Award, BPP Law School (2016)

Master of the Rolls Scholarship, University College London (2015)

Gibbs Book Prize, University of Oxford (2015)

FHS Prize for Comparative Private Law, University of Oxford (2015)

Demyship, Magdalen College (2012-15)

Return to Barristers

Our barristers section has a Shortlist feature. You can use this to gather together the profiles of members that are of interest to you. Look out for the Ksymbol and click this to add to your shortlist. If you see this symbol next to a part of a profile you can click this to add just that part.

To view your shortlist please click the button above.