Business & Commercial Law
Tom’s commercial practice encompasses both advisory work and advocacy on all tracks. Tom is frequently instructed in cases arising from:
- The Sale of Goods Act, consequently also often the Unfair Contract Terms Act;
- Insolvency litigation, ranging from statutory demands and bankruptcy petitions to matters of company insolvency and creditor’s entitlements;
- Debt recovery, representing ‘Big Six’ energy suppliers, local authorities and landlords at trial.
Tom’s additional expertise in employment law means that he is ideally placed to act in employee disputes, including allegations of breach of restrictive covenants, breach of contract & payment claims and TUPE.
Recent Cases include:
- Successfully resisting an application to set aside a statutory demand - complicated by a tactical partial payment of the debt at the door of the court so as to invoke r.6.5(4)(a) of the Insolvency Rules. Costs were recovered in addition to preserving the statutory demand.
- A successful quantum meruit defence at trial on a construction dispute;
- A successful argument against repayment of an interim payment made during litigation on the basis of failure of terms;
- Representing a recruitment agency in recovering fees owed despite an unsuccessful candidate placement;
- A multi-track case concerning alleged novation of a debt.
- Advising a high end clothing manufacturer in the aftermath of supply of faulty elastic;
- Advising a retailer on repudiatory breach and misrepresentation concerning supply of an ATM machine;
- Drafting pleadings and advising a manufacturer in a matter concerning supply of more than 100 tonnes of defective raw materials;
- Drafting particulars and advising upon seeking an injunction so as to recover industrial machinery subject to a potential lien defence.