Year of Call: 1993

Profile

Thomas practises in the commercial chancery, professional negligence, property and art and entertainment fields, as well as being instructed in a wide range of general Chancery litigation. He has particular experience in a heavy multi-party disputes.

In the last year he has been involved in some of the largest and most high profile cases, including the 107 Cheapside litigation (Menolly v Cerep [2009] EWHC 616 (Ch)), IPCO v Nigerian National Petroleum Company (most recently reported at [2009] 1 Lloyds Rep 89), the Skye v Joltid litigation, and the Ritz Hotel fraud claims.

In recent years Thomas has been involved in the Wembley Stadium litigation, the Bank of Tokyo v Ferrero Rocher litigation, the litigation relating to the estate of the artist Francis Bacon, the Halifax plc global mediation relating to its solicitors’ negligence claims, the multi-party Dallow Road litigation. Thomas has a particular interest in the law of confidentiality and recently appeared on behalf of David and Victoria Beckham in their claim for breach of confidence against their former nanny.

He is also a contributor to the second edition of Flenley and Leech on Solicitors’ Negligence and Liability, published in 2008, for which he wrote a chapter on solicitors' duties of confidentiality. He is General Editor of Lenders' Claims (Sweet & Maxwell, 2010) and is currently writing The Law of Confidentiality (forthcoming, OUP). Until recently Thomas was a consulting editor of the Lloyds Law Reports, Professional Negligence. Thomas has previously co-authored two books in the professional negligence and property fields.

Thomas is a member of the Chancery Bar Assocation, the Professional Negligence Bar Association, and COMBAR. He is recommended for commercial chancery, real estate litigation and company in Chambers UK 2009 and is recommended for commercial litigation, defamation and privacy, and property litigation in Legal 500 UK 2009. He was singled out as a “top-rated barrister” in the November 2004 edition of Legal Week.

Recent work includes:

Commercial Chancery Law

• Menolly v Cerep [2009] EWHC 516 (Ch). Appeared (with David Friedman QC and Anthony Trace QC) for the defendant vendor in relation to claim over the £150million sale of 107 Cheapside.

• Recently acted for the claimant in the ongoing IPCO v NNPC litigation, concernng the enforcement of a New York Convention award, most recently reported in the Court of Appeal at [2009] 1 Lloyd's Rep 89 (Led by Michael Lyndon-Standford QC).

• Instructed in the ongoing warranty claim of Reid v Capita [2008] EWHC 2722 (Ch) (led by Anthony Trace QC).

•Appeared (leading Thomas Munby) in Apvodedo v Collins [2008] EHC 775 (Ch), raising issues concerning common law mistake.

•Two week wrongful dismissal/share sale trial in 2008 (leading Alec McCluskey): Shilton Holdings v Knowles.

• Defended £3million directors' breach of fiduciary duty claim (leading Ciaran Keller). Claim abandoned by claimant.

• Appeared (with Anthony Trace QC for the claimant in the Ritz Hotel fraud claim, London Allied Holdings Ltd v Lee [2007] All ER (D) 25 (Sep), raising issues concerning constructive trusts in respect of moneys procured by deceit

• Appeared on behalf of the insurer defendant in Noblebright Ltd v Sirius UK [2007] Lloyds Rep IR 584, [2007] All ER (D) 120 (Apr), concerning alleged waiver of right to disclosure of material information by insurer.

• Instructed by Cleveland Bridge UK Limited in the litigation concerning Wembley Stadium against Multiplex plc. Appeared (with Hugh Tomlinson QC and Simon Hargreaves QC) in four week preliminary issues trial: Multiplex Constructions v Cleveland Bridge (UK) (2006) 98 Con LR 1.

• Appeared in franchise agreement case of CBR (Wakefields) Ltd v Puccino’s Ltd (No 2) [2006] All ER (D) 374 (Nov), where the court was persuaded court to exercise its Barrell jurisdiction to recall an earlier draft judgment.

• Acted for the claimant in substantial four week High Court product liability/sale of goods trial Trac Time Controls v Rowan & Moss [2005] All ER (D) 06 (Jan) (LTL, 26 January 2005). Damages of over £1.5million awarded.

• Instructed in development agreement case of Intense Investments v Development Ventures [2005] BLR 478.

• Acted for Bank of Tokyo-Mitsubishi at the jurisdiction hearing of its claim for conspiracy against the Ferrero Rocher companies, reported as Bank of Tokyo Mitsubishi v Baskan Gida [2004] 2 Lloyds Law Rep 395.

• Acted for Lola Cars plc at trial of a conspiracy claim in 2005 arising out of the award of chassis building contract for the American Indie Racing League.

• Acted for HH Maximillian von Habsburg in long-running Commercial Court proceedings flowing from decision in Dyer v Piclux SA [2004] EWHC 1266 (Comm).

• Instructed at the jurisdiction hearing in the case of Network Telecom (Europe) Ltd v Telephone Systems International Inc [2004] 1 All ER (Comm) 418, concerning Afghan telecoms.

• Instructed in the longrunning Westminster Oil and Gas v Bordbar litigation, relating to the sale of helicopters to the Angolan government.

• Instructed in substantial High Court fraud case Frenstorm Ltd v Irvin [2003] EWHC 402 (QB) arising out of purchase of chain of amusement arcades.

• Appeared on behalf of successful appellant in Northern Foods Ltd v Focal Foods Ltd [2001] EWCA (Civ) 1262, involving forward commodity contracts.

• Appeared for claimant in Bolton Group (International) Ltd v Keegan [2001] All ER (D) 96 (May), a case about share sales.

• Frequently instructed in sale of goods cases including the leading case on rejection of goods, Truk v Tokmakidis [2000] 1 Lloyds Rep 543, and a multi-million claim concerning defective caravans. Particular expertise in food-contamination litigation.

• Frequently instructed in warranty and guarantee claims.

• Frequently instructed in cases involving obtaining interim remedies, including freezing orders.

Art and Entertainment Law

• Currently instructed by Joltid Limited in claim relating to Skype (being led by Mark Vanhegan QC).

• Appeared on behalf David and Victoria Beckham in relation to their claim for breach of confidence against their former nanny, Abbie Gibson.

• Acted for Archbishop of Westminster in relation to application for third party disclosure in the Ivereigh v Associated Newspapers libel case.

• Instructed by the Saatchi Gallery in a claim brought against a well-known painter for breach of contract.

• Instructed by the Marlborough Gallery (led by Michael Briggs QC) in defending a very substantial undue influence and breach of fiduciary duty claim brought by the estate of the artist Francis Bacon: Clarke v Marlborough Fine Art Ltd (No 2) [2002] 1 WLR 1731 and Clarke v Marlborough Fine Art Ltd (No 3) [2002] EWHC 11. The claim was settled shortly before a three month trial was due to commence.

• Acted for 118 118 in relation to claim made by the runner David Bedford arising out image rights issues relating to the two 118 118 runners.

• Recently instructed by Viscount Boyle in a claim to recover the Boyle family paintings.

• Recently acted for owners in claims to recover various high value Mesopotamian artefacts.

• Instructed by Glynn Williams in relation to a claim for damage to certain of his sculptures lent to a museum.

• Acted for Mike Nolan in the litigation concerning the pop band “Bucks Fizz”.

• Instructed recently by antiquarian book dealers in relation to contract to catalogue and sell high value collection.

• Instructed by boxing promoter Frank Warren in a solicitors’ negligence claim arising out of this dispute with Don King.

Professional Negligence

• Appeared for the defendant (leading Alexander Winter) in the important Court of Appeal decision in Platform Home Loans v Bank of Scotland [2009] 2 WLR 1016. Moore-Bick LJ described Thomas' submission as "engaging and very able".

• Currently acting for numerous lending institutions in substantial multi-case claims against solicitors and valuers.

• Acted for defendant (leading Alec McCluskey) in a claim (the first of its kind) brought by a barrister suing for fees under a public access agreement. The 3 day strike out hearing is reported at Dunn v Glass Systems (UK) Ltd [2007] Adj.L.R. 07/11.

• Instructed in claim against city firm in relation to acquisition of valuable central London lease. Claim settled for £900,000 2 weeks before trial to be heard in October 2007.

• Instructed in claim against a firm of solicitors arising out acquisition of premises to be used as a kitchen for substantial home-delivery company. Claim settled for £750,000 in summer 2007.

• Currently instructed in numerous cases inolving alleged negligence relating to conveyancing transactions.

• Recently acted for the successful defendant in the valuer’s negligence case of Preferred Mortgages Ltd v Countrywide plc [2006] PNLR 9 raising issues of bracket and expert evidence.

• Recently acted for the successful defendant in a solicitors’ negligence case relating to alleged negligent advice where the claimant asserted that he was the victim of undue influence, one of the first such cases: Bowser v Caley and Brooke North (17 February 2006, LTL), a two week Chancery Division trial.

• Appeared for the successful appellant in the Court of Appeal case of Aldi plc v Holmes Building plc [2005] PNLR 9, an appeal in the multi-party Dallow Road litigation, which eventually settled 2 weeks into a three month trial.

• Appeared for the successful appellant in the Court of Appeal case of Sweetman v Nathan [2004] PNLR 7, concerning abuse of process and res judicata questions in high value solicitor’s negligence claim.

• Instructed on behalf of Abbey Life Assurance plc in very substantial valuer’s negligence claim concerning the valuation of 6 nursing homes, settled shortly before trial.

• Acted for successful valuers in trial of Preferred Mortgages v Countrywide plc [2003] All ER (D) 262 (May), raising issues of interest, contributory negligence.

• Instructed on behalf of defendant accountants in 5 day hearing in the Chancery Division involving issues concerning the role of experts and specific disclosure, Stephen Hill Partnership v Supaglazing [2002] All ER (D) 229 (Oct).

• Acted for the successful appellant in the Court of Appeal solicitor’s negligence case of Kenburgh Investments (Northern) Ltd v David Yablon Minton (2001) BCC 648.

• Instructed by Chris Evans in a surveyor’s negligence arising out of the purchase of Hascombe Court.

• Instructed by Bank of Scotland on a fraud claim against a solicitor. Claim settled in April 2006 just before trial, but continued between other parties: St Pauls Travellers v Okporuah [2006] EWHC 2107(Ch).

• Instructed by Bank of Scotland/Halifax in 2006 in a claim against an allegedly fraudulent solicitor in relation to over 10 mortgage applications. Claim worth many £milllions. Ongoing.

• Acted on behalf of Halifax plc in the global mediation of its solicitors’ negligence claims (exceeding 100 separate cases).

• Instructed by numerous banks and building societies in solicitors’ and surveyors’ negligence cases. Especial expertise in negligence claims relating to property transactions with numerous ongoing cases concerning claims concerning defective leases.

Property and Landlord and Tenant

• Appeared in the Lands Tribunal in Clarke v Murphy [2009] 22 EG 118 (CS), whch upheld a claim that certain properties were subject to a building scheme.

• Appeared (leading Alexander Winter) for the successful tenant in the Court of Appeal case of Andre v Robinson [2007] All ER (D) 235 (Dec), considering issues of surrender of leases in Rent Act cases.

• Instructed in case of Hepworht Group Ltd v Stockley concerning proceedings for specific performance of a contract to purchase a hotel, later reported at [2007] 2 All ER (Comm) 82.

• Appeared at trial of Walsh v Alderson, a decision involved consideration of the Court of Appeal judgment in Crest Nicholson Residential (South) Ltd v McAllister [2004] 1 WLR 2409.

• Instructed by Mr Lakshmi Mittal (led by Andrew Hochhauser QC) in defence of claim brought by agent for commission arising out of purchase of what was reported as the world’s most expensive house.

• Appeared for the successful appellant in the Court of Appeal in the leading case of CPL Distribution v Starmark [2002] Ch 306, concerning time of the essence clauses in rent review provisions (led by Kim Lewison QC).

• Instructed in Hart Investments Ltd v Burton Hotels [2002] L&TR 8, involving construction of a commercial lease.

• Appeared in Intense Investments v Development Ventures Limited [2005] BLR 478, concerning development agreements.

• Frequently instructed on restrictive covenant and easement cases.

General Chancery

• Instructed by the Marlborough Gallery in defending a very substantial undue influence and breach of fiduciary duty claim brought by the estate of the artist Francis Bacon: Clarke v Marlborough Fine Art Ltd (No 2) [2002] 1 WLR 1731 and Clarke v Marlborough Fine Art Ltd (No 3) [2002] EWHC 11. The claim was settled shortly before a three month trial was due to commence.

• Acted in case In re Trusts of X Charity [2003] 1 WLR 2751, Beddoe proceedings relating to an action brought in US against an English charity (led by Michael Briggs QC).

• Frequently instructed by banks and building societies on mortgage claims, including issues of undue influence, subrogation and title rectification.

Publications
Lender Claims, General Editor

Notable Cases
Hexstone Holdings Ltd v AHC Westlink Ltd (2010)
Sectorguard PLC v Dienne PLC : Dienne PLC v Legion Group PLC (2009)
Menolly v Cerep Sarl (2009)
Clarke v Murphy (2009)
Platform Funding Ltd v Bank of Scotland PLC (formerly Halifax PLC) [2008]
Apvodedo NV v Terry Collins [2008]
Pierre André v Barbara Robinson [2007]
London Allied Holdings Ltd v Lee [2007]
Harry Barrington Bowser v Valerie Ann Caley & Ors [2006]
Trac Time Control Ltd (Claimant) v Moss Plastic Parts Ltd (T/A Rowan Plastic Parts Centre) & others
The Bank of Tokyo-Mitsubishi Ltd v Baskan Gida Sanayi Ve Pazarlama AS
Aldi Stores Ltd v Holmes Buildings Plc & Ors (2003)
Sweetman v Nathan & ors
Professor Brian Clarke (Executor of the Will of Francis Bacon) v (1) Marlborough Fine Art (London) (Ltd) (2) Marlborough International Fine Art Establishment (2002)
Starmark Enterprises Ltd v CPL Distribution Ltd (2001)

Click here to see all cases.

Memberships
PNBA, Chancery Bar Association, COMBAR

Qualifications
BA (Hons) First Class,
Dip Law, Distinction.

Chambers UK - Chancery commercial
'an excellent, truly passionate advocate’, who is noted for his expertise in complex, multiparty disputes (2010); The “larger than life” Thomas Grant is “much beloved by clients as he is bursting with energy.” “Easy to work with and extremely clever,” his practice is dominated by large commercial chancery disputes and he has recently been involved in a large fraud and conspiracy claim arising out of a loan facility to the largest hazelnut exporters in the world (2009)

Chambers UK - Chancery Traditional
“an extremely incisive mind that cuts through paperwork like a knife through butter.” (2008)

Chambers UK - Company
“A sparky advocate who is a joy to work with” (2010); “an energetic junior who gives his all to his cases.” (2009) "enormous capacity for work and knows the law inside-out.” (2008)

Chambers UK - Real Estate Litigation
“Equally ubiquitous” he is an “enthusiastic, approachable and technically sound counsel. (2010); ”Renowned for “fighting his corner hard,” Thomas Grant has a “more dramatic style of advocacy” than most. This endears him to numerous clients, many of whom seek him out for work concerning restrictive covenants. (2009) “"Brilliantly good," Thomas Grant is instructed by solicitors in a broad sweep of commercial and chancery claims, but attracts particular attention for his knowledge of property and professional negligence." (2008); “fairly formidable” and also “very proactive" in professional negligence matters."

Legal 500 - Commercial Litigation 2008
Thomas Grant is praised for‘ his ability to think outside the box’ (2009) “…has particular experience in heavy multiparty disputes.” (2008)

Legal 500
Defamation and privacy

Legal 500
Property litigation

Legal Week November 2004
Singled out as a "top-rated barrister".