Call: 2011 (Inner Temple)
Education: LL.B (Hons), LL.M (Criminal Law & Criminal Justice)
Associations: Midland Circuit

Practice Areas: Insolvency – Commercial & Chancery – Consumer Credit – Civil

Tom joined chambers following the successful completion of his pupillage. Tom’s practice includes insolvency, commercial litigation, company and property law. He specialises in motoring crime, also taking instructions in respect of general civil matters.

Insolvency

Tom has extensive experience in a wide range of applications under the Insolvency Act and Insolvency Rules, including applications to set aside statutory demands, bankruptcy petitions, annulment of bankruptcy orders, winding up petitions, administration applications and appeals. Tom regularly appears in the County Court and High Court, while also providing advice and drafting work, in respect of these applications.

Tom provides training, as well as seminars, to solicitors and insolvency practitioners on the process of obtaining bankruptcy orders against an individual. He deals with the procedure from statutory demand to obtaining a bankruptcy order, as well as post-bankruptcy matters including; annulment, suspension of discharge and Trustee applications such as search and seizure warrants.

Tom also assists clients through the Direct Access Scheme.

Commercial Litigation

Tom deals with substantial contractual disputes, ranging from assignment of debt claims to large-scale breach of contract and commercial property disputes. Tom advises clients and undertakes drafting in all areas of commercial litigation.

Tom’s commercial practice extends to:

  • Corporate insolvency
  • Commercial contract disputes
  • Company law
  • Consumer law
  • Insurance disputes
  • Property disputes
  • Banking and mortgages

Over the past two years, Tom has been heavily involved in PPI litigation, specifically unfair relationships owing to the payment of undisclosed commission, following the Plevin judgment and 2017 FCA redress scheme. Acting for a number of High Street lenders, Tom has achieved consistent, successful results.

Tom is currently acting for motor finance lenders facing multiple claims based on alleged secret commissions paid to Brokers. Such claims pursue rescission of the finance agreement and compensation for an unfair relationship. With the number of claims ever increasing, Tom and the Halcyon Motor Finance team are at the forefront of this new and evolving litigation.

 

Reported Cases

Promontory (Chestnut) Ltd v Simpson & Anor [2021] EWCA Civ 1682 – Led by Trevor Berriman in the Court of Appeal in a conjoined appeal case that ruled on disclosure obligations of the assignee under s.136 of the Law of Property Act 1925 in litigation. A copy of the judgment can be found here.

Blackshaw v MFS Portfolio [2016] EWHC 3708 (Ch) – Successfully opposed an appeal of the lower Court’s decision to refuse annulment of a bankruptcy order. Click here for official transcript.

 

Notable Cases

Re: A Bankrupt – Obtained an interim and, subsequently, a final injunction against a bankrupt, his solicitors and a third party, to prevent a sale of property at a significant undervalue. This protected the creditors from a shortfall within the bankrupt’s estate and allowed the Trustee to continue with the sale of the property at market value.

Re: A Company – A Company was subject to a Winding Up Petition based upon liability orders obtained by Leicester City Council for unpaid Council Tax. The Petition was adjourned in order for the Company to attempt to set aside those orders. Tom successfully opposed the application based on the three limbed test set out in the case of R (on the application of Brighton & Hove City Council) v Hamden. The Company failed on all three limbs and subsequently paid the liability order sums to avoid Winding Up.

Re: Diamond Exhibitions Ltd (in Liquidation) – Successfully opposed the Liquidators’ application against a Director for misfeasance and breach of fiduciary duty under s.212 of the Insolvency Act 1986.

Re: A Bankrupt – Obtained a search and seizure warrant which resulted in substantial assets being seized to the benefit of the Bankrupt’s creditors.

Re: A Bankrupt – Acting for the Trustee in Bankruptcy, successfully obtained substantial sums for the benefit of the creditors, both at first instance and subsequently at appeal in the High Court.

Re: Morris – Successfully opposed an annulment application where the Bankrupt was asserting a failure of the Petitioning Creditor to serve both the statutory demand and petition.

Re: A Debtor – Obtained the Petitioning Creditor’s costs where the petition had to be dismissed due to full payment being received. The basis of the order was the behaviour of the Debtor in attempting to frustrate proceedings.

 

Recent Articles

To Issue or to Statutory Demand? – Insolvency

Adjournments in Bankruptcy Proceedings – Insolvency