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Thomas Braithwaite

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Thomas Braithwaite

Areas of Expertise

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Year of Call: 1998 tbraithwaite@serlecourt.co.uk
Direct Dial: +44 (0)20 7400 7155

Overview

Tom practises in all areas of chancery commercial work, with a particular emphasis on:

● Property Litigation - real property disputes

● Partnership - Professional partnership disputes, LLPs and dissolutions

● Company & Insolvency

● Wills & Trusts, including offshore trusts

● Professional Negligence - in these and other fields

Areas of Expertise and Cases


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Commercial Litigation

Cases include:

Pencil Hill v. Citta di Palermo [2016] LTL 27/1/2006 – Challenge to enforcement of an arbitration award based on public policy and the law of contractual penalties.

Amadeus IT Group v. Lycamobile [2015] EWHC 677 (Comm) – Successful application for summary judgment on claim under on-line advertising contract.

Wych v. Careforce [2014] 1 Costs LR 1 (Comm) – Successful application for relief from sanction under the new CPR 3.9 following breaches of an unless order relating to e-disclosure.

Maersk Oil v. Dresser Rand [2007] EWHC 752 (TCC) – Successful claim on behalf of the Claimant in a 23-day dispute concerning offshore gas compression facilities (led by Peter McMaster).

Regus v. Epcot Solutions [2008] EWCA Civ 361 (CA) – Impact of the availability for damages for diminution in value on the reasonableness of an exclusion clause in an agreement for serviced offices.

O2 v. Dimension Data Network Services [2007] EWCA Civ 1551 (CA) – Entitlement to interim payment in telecoms billing dispute.


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Company

Tom's work in this field includes unfair prejudice petitions, actions against directors and claims in insolvency.

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Re A [2011] (Ch) – Acting for shareholders with respect to allegations against a receiver as to the sale of company property.

Re Lifemarque [2009] (Ch) – Company valuation in unfair prejudice petition, in which the court considered the merits of differing valuation methodologies (led by Victor Joffe QC).

Blue Station v. Kamyab [2007] EWCA Civ 1073 (CA) – Claim against director for recoupment.


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Insolvency

Opus Property Finance v. Vantreen [2015] (Ch) – Successful appeal against order setting aside statutory demand on the basis that the debt was a penalty and liable to be varied under the Consumer Credit Act. 

Ryan v. Tiuta International [2015] BPIR 123 (Ch) – Application to set aside statutory demand against guarantor on the basis of allegations of lawful act economic duress.

Lictor v. Mir Steel [2014] EWHC 3316 (Ch)Successful claim of procuring breach of contract brought against a purchaser of assets from a company in administration, the court rejecting a claim that the defence of justification should be available to the purchaser of assets from a company in administration (with Dan McCourt Fritz).

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Re A [2011] (Ch) – Acting for shareholders with respect to allegations against a receiver as to the sale of company property.

 


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Partnership and LLP

Tom acts in all kind of partnership disputes, and frequently advises solicitors, doctors and other professionals. He is a contributor to Whitaker & Machell, The Law of Limited Liability Partnerships (2016). In addition to acting in a number of confidential  arbitrations and mediations, his cases include:

Hanlon v. Human Capital Investment Group [2013]  (Ch) – dispute concerning the acquisition of a recruitment agency, in which the claimants attempted to assert the existence of a joint venture.

Norbrook v. Robson [2012]  – Questions of ownership of documents held by the secretary of an unincorporated association.

Metrobrook v. Highland [2011] (Ch) – dispute concerning shopping centre developments, in which the claimants attempted to set aside expert determinations and to assert the existence of a joint venture.

Amin v Amin [2009] EWHC 3356 (Ch) – Acting for family and partnership interests in a wide-ranging  dispute, including claims to a constructive trust interest in the family home.


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Professional Negligence

Tom has considerable experience of professional negligence claims, particularly involving solicitors, barristers, accountants and company directors. Recent examples include:

  • Claim against solicitor for alleged breach of trust in payment of sale proceeds.
  • Claim against solicitor for failure to advise as to risk of interim injunction.
  • Alleged negligence in negotiation of complex share buy out.
  • Claims in both England and Jersey against advocates and barrister for alleged mishandling of trusts litigation.

Add section

Property

Tom is a highly regarded practitioner in this area of the law, and acts in all manner of real property disputes. He has a particular interest in more esoteric fields, including manorial and foreshore rights, in respect of which he has frequently been called upon to advise. His cases include:

Loose v Lynn Shellfish [2016] UKSC 14 (Supreme Court): Intervention on behalf of the Crown Estate in a case concerning prescriptive rights over the foreshore and the doctrine of accretion.

Lictor Anstalt v Mir Steel UK [2014] EWHC 3316 (Ch): Successful claim on behalf of the owners of a steel mill who had failed to protect their rights on the land register and lost their title due to the mill's annexation to the land. The court held that the sale of the mill by administrators was a breach of contract, procured by the purchasers, and that such claims survived despite non-registration at HMLR.

Nissan v. Four Square [2013]: Validity and construction of an easement to park.

Faulkner Investments v. Nassif [2012]: Claim concerning the status of occupation of a discretionary beneficiary of an offshore trust.

BOC v. Aeternum Capital [2012] (Comm) – Claim for specific performance under a development agreement.

Amin v Amin [2009] EWHC 3356 (Ch) – Acting for family and minor partnership interests in a wide-ranging partnership dispute, including claims to a constructive trust interest in the family home.

Volta Developments v Waltham Forest Friendly Society [2008] EWHC 1295 (Ch) – Construction of grant of right of way.

Crown Estate v. Roberts [2008] 4 All ER 828 (Ch) – Acting for the Crown Estate to defeat various manorial claims over the foreshore and seabed of Pembrokeshire based upon the supposed ancient rights of the Lord Marchers (led by Frank Hinks QC)

Roberts v. Swangrove Estates & others [2007] 2 P&CR 17 (Ch) and [2008] Ch 439 (CA) – Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession. Upheld on appeal (led by Frank Hinks QC on appeal).


Add section

Trusts & Probate

Tom has acted in both domestic and international trust disputes, in jurisdictions including the Bahamas, Bermuda, Jersey and Hong Kong. Recent cases include:

Re Nina Wang [2014] HKCA 170 (Hong Kong) – proceedings to determine the true construction and effect of a home-made will of the woman who during her lifetime was reputedly the wealthiest woman in Asia (led by Frank Hinks QC).

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Page v West [2012] EWHC 4390 (Ch) – Application for the sale of trust property.

Re A Trust [2012] (Bermuda) – successful application to obtain an anti-suit injunction preventing a disaffected beneficiary from taking proceedings in another jurisdiction relating to a Bermuda Trust (led by Nicholas Le Poidevin QC).

Re Matthews [2011] (Ch) – Claims in misfeasance against executor.

Re the Estate of M [2011] (Bahamas) – acting for the trustees of the estate of a wealthy Bahamian businessman facing adverse claims against the estate.

G v. S [2011] (Bahamas) – acting for defendants facing claims of  breach of trust and dishonest assistance.


All Quotes

"A very heavyweight name to add to any opinion"
"An uncanny ability to provide clear advice on knotty subjects of law"
"A terrific advocate"
"Combines excellent practical advice with approachability and an excellent manner with the lay client"
"His main skill is his incisive analysis of factual issues in the context of a complex area of legal dispute. He is able to present this in a way that makes it sympathetic to the judge"
"Very astute and superb on his feet"
"First class with clients"
"Very gifted and technically able"
"Reliable and persuasive"
"Intellectually very bright"
"An impressive junior who will go a long way"
"Hard-working, analytical and known for working all the angles in a case"

Chambers & Partners

"Sifts through very complex matters with an ease not seen in most barristers"
"Very robust and a very reassuring presence for clients in court"
"An ability to communicate complex legal points to lay clients in conference in a succinct, jargon-free way"
"Authoritative and confident with clients and excellent knowledge of partnership law"
"An excellent advocate and a superb draftsman"
"A mastery of the factual matrix and legal arguments... impressive"
"An uncanny ability to provide clear advice on knotty subjects of law"
"Incredibly good at recalling details on complex matters"
"Superb, businesslike manner with clients"

Legal 500

Recommendations

Partnership (Chambers & Partners)
Real Estate Litigation (Chambers & Partners)
Property Litigation (Legal 500)
Company (Legal 500)
Partnership (Legal 500)
Professional Negligence (Legal 500)

Thomas Braithwaite

Thomas Braithwaite

Year of Call: 1998
Email: tbraithwaite@serlecourt.co.uk

Overview

Tom practises in all areas of chancery commercial work, with a particular emphasis on:

● Property Litigation - real property disputes

● Partnership - Professional partnership disputes, LLPs and dissolutions

● Company & Insolvency

● Wills & Trusts, including offshore trusts

● Professional Negligence - in these and other fields

Areas of expertise

Recommendations

Partnership (Chambers & Partners)
Real Estate Litigation (Chambers & Partners)
Property Litigation (Legal 500)
Company (Legal 500)
Partnership (Legal 500)
Professional Negligence (Legal 500)

Quotes

"A very heavyweight name to add to any opinion"
"An uncanny ability to provide clear advice on knotty subjects of law"
"A terrific advocate"
"Combines excellent practical advice with approachability and an excellent manner with the lay client"
"His main skill is his incisive analysis of factual issues in the context of a complex area of legal dispute. He is able to present this in a way that makes it sympathetic to the judge"
"Very astute and superb on his feet"
"First class with clients"
"Very gifted and technically able"
"Reliable and persuasive"
"Intellectually very bright"
"An impressive junior who will go a long way"
"Hard-working, analytical and known for working all the angles in a case"

Chambers & Partners

"Sifts through very complex matters with an ease not seen in most barristers"
"Very robust and a very reassuring presence for clients in court"
"An ability to communicate complex legal points to lay clients in conference in a succinct, jargon-free way"
"Authoritative and confident with clients and excellent knowledge of partnership law"
"An excellent advocate and a superb draftsman"
"A mastery of the factual matrix and legal arguments... impressive"
"An uncanny ability to provide clear advice on knotty subjects of law"
"Incredibly good at recalling details on complex matters"
"Superb, businesslike manner with clients"

Legal 500

Commercial Litigation

Cases include:

Pencil Hill v. Citta di Palermo [2016] LTL 27/1/2006 – Challenge to enforcement of an arbitration award based on public policy and the law of contractual penalties.

Amadeus IT Group v. Lycamobile [2015] EWHC 677 (Comm) – Successful application for summary judgment on claim under on-line advertising contract.

Wych v. Careforce [2014] 1 Costs LR 1 (Comm) – Successful application for relief from sanction under the new CPR 3.9 following breaches of an unless order relating to e-disclosure.

Maersk Oil v. Dresser Rand [2007] EWHC 752 (TCC) – Successful claim on behalf of the Claimant in a 23-day dispute concerning offshore gas compression facilities (led by Peter McMaster).

Regus v. Epcot Solutions [2008] EWCA Civ 361 (CA) – Impact of the availability for damages for diminution in value on the reasonableness of an exclusion clause in an agreement for serviced offices.

O2 v. Dimension Data Network Services [2007] EWCA Civ 1551 (CA) – Entitlement to interim payment in telecoms billing dispute.

Company

Tom's work in this field includes unfair prejudice petitions, actions against directors and claims in insolvency.

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Re A [2011] (Ch) – Acting for shareholders with respect to allegations against a receiver as to the sale of company property.

Re Lifemarque [2009] (Ch) – Company valuation in unfair prejudice petition, in which the court considered the merits of differing valuation methodologies (led by Victor Joffe QC).

Blue Station v. Kamyab [2007] EWCA Civ 1073 (CA) – Claim against director for recoupment.

Insolvency

Opus Property Finance v. Vantreen [2015] (Ch) – Successful appeal against order setting aside statutory demand on the basis that the debt was a penalty and liable to be varied under the Consumer Credit Act. 

Ryan v. Tiuta International [2015] BPIR 123 (Ch) – Application to set aside statutory demand against guarantor on the basis of allegations of lawful act economic duress.

Lictor v. Mir Steel [2014] EWHC 3316 (Ch)Successful claim of procuring breach of contract brought against a purchaser of assets from a company in administration, the court rejecting a claim that the defence of justification should be available to the purchaser of assets from a company in administration (with Dan McCourt Fritz).

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Re A [2011] (Ch) – Acting for shareholders with respect to allegations against a receiver as to the sale of company property.

 

Partnership and LLP

Tom acts in all kind of partnership disputes, and frequently advises solicitors, doctors and other professionals. He is a contributor to Whitaker & Machell, The Law of Limited Liability Partnerships (2016). In addition to acting in a number of confidential  arbitrations and mediations, his cases include:

Hanlon v. Human Capital Investment Group [2013]  (Ch) – dispute concerning the acquisition of a recruitment agency, in which the claimants attempted to assert the existence of a joint venture.

Norbrook v. Robson [2012]  – Questions of ownership of documents held by the secretary of an unincorporated association.

Metrobrook v. Highland [2011] (Ch) – dispute concerning shopping centre developments, in which the claimants attempted to set aside expert determinations and to assert the existence of a joint venture.

Amin v Amin [2009] EWHC 3356 (Ch) – Acting for family and partnership interests in a wide-ranging  dispute, including claims to a constructive trust interest in the family home.

Professional Negligence

Tom has considerable experience of professional negligence claims, particularly involving solicitors, barristers, accountants and company directors. Recent examples include:

  • Claim against solicitor for alleged breach of trust in payment of sale proceeds.
  • Claim against solicitor for failure to advise as to risk of interim injunction.
  • Alleged negligence in negotiation of complex share buy out.
  • Claims in both England and Jersey against advocates and barrister for alleged mishandling of trusts litigation.

Property

Tom is a highly regarded practitioner in this area of the law, and acts in all manner of real property disputes. He has a particular interest in more esoteric fields, including manorial and foreshore rights, in respect of which he has frequently been called upon to advise. His cases include:

Loose v Lynn Shellfish [2016] UKSC 14 (Supreme Court): Intervention on behalf of the Crown Estate in a case concerning prescriptive rights over the foreshore and the doctrine of accretion.

Lictor Anstalt v Mir Steel UK [2014] EWHC 3316 (Ch): Successful claim on behalf of the owners of a steel mill who had failed to protect their rights on the land register and lost their title due to the mill's annexation to the land. The court held that the sale of the mill by administrators was a breach of contract, procured by the purchasers, and that such claims survived despite non-registration at HMLR.

Nissan v. Four Square [2013]: Validity and construction of an easement to park.

Faulkner Investments v. Nassif [2012]: Claim concerning the status of occupation of a discretionary beneficiary of an offshore trust.

BOC v. Aeternum Capital [2012] (Comm) – Claim for specific performance under a development agreement.

Amin v Amin [2009] EWHC 3356 (Ch) – Acting for family and minor partnership interests in a wide-ranging partnership dispute, including claims to a constructive trust interest in the family home.

Volta Developments v Waltham Forest Friendly Society [2008] EWHC 1295 (Ch) – Construction of grant of right of way.

Crown Estate v. Roberts [2008] 4 All ER 828 (Ch) – Acting for the Crown Estate to defeat various manorial claims over the foreshore and seabed of Pembrokeshire based upon the supposed ancient rights of the Lord Marchers (led by Frank Hinks QC)

Roberts v. Swangrove Estates & others [2007] 2 P&CR 17 (Ch) and [2008] Ch 439 (CA) – Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession. Upheld on appeal (led by Frank Hinks QC on appeal).

Trusts & Probate

Tom has acted in both domestic and international trust disputes, in jurisdictions including the Bahamas, Bermuda, Jersey and Hong Kong. Recent cases include:

Re Nina Wang [2014] HKCA 170 (Hong Kong) – proceedings to determine the true construction and effect of a home-made will of the woman who during her lifetime was reputedly the wealthiest woman in Asia (led by Frank Hinks QC).

H v. O [2012] (Ch) – Acting for Isle of Man trustees with respect to claims by liquidator under the Insolvency Act to recover company property.

Page v West [2012] EWHC 4390 (Ch) – Application for the sale of trust property.

Re A Trust [2012] (Bermuda) – successful application to obtain an anti-suit injunction preventing a disaffected beneficiary from taking proceedings in another jurisdiction relating to a Bermuda Trust (led by Nicholas Le Poidevin QC).

Re Matthews [2011] (Ch) – Claims in misfeasance against executor.

Re the Estate of M [2011] (Bahamas) – acting for the trustees of the estate of a wealthy Bahamian businessman facing adverse claims against the estate.

G v. S [2011] (Bahamas) – acting for defendants facing claims of  breach of trust and dishonest assistance.

Qualifications

Jesus College, Cambridge - BA (Double First Class)

George Long prize for Roman Law, Cambridge University

CJ Hansom prize for Obligations, Cambridge University

Kennedy Scholar, Lincoln's Inn

Thomas More Bursar, Lincoln's Inn

 

Memberships

Property Bar Association

Chancery Bar Association

Commercial Bar Association

Publications

Rentcharges: The Land that Time Forgot? [2016] Conv. 466

The Personal Touch (2015) 165 NLJ 7

Squatters' Rights (2009) NLJ Supp. 27 Feb

The Rule in Pearson v Spencer - Selecting the route of a right of way [2009] Conv. 93

Still Unsettled - Disclosure of Part 36 offers to the trial judge (2007) 151 SJ 882

Mine! Ownership of the client file (2006) 150 SJ 182

Cause and Effect: Relying on your own wrong (2004) 148 SJ 964

Chance Calculations: Damages for loss of a chance (2004) 148 SJ 838


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