Thomas Fletcher

Recent Cases

• Viegas v Cutrale [2025] 1 WLR 1467 (2022 – 2025) – Instructed by Linklaters. Thomas successfully argued before the Court of Appeal that hundreds of claims for damages arising from an alleged cartel should be struck out for failure to obtain grants of representation in England to act for the relevant estates. The Court of Appeal’s judgment has been cited in several subsequent judgments for its important commentary on (i) the distinction between administration and succession under English law, and (ii) the requirement to obtain an English grant in relation to an estate where the deceased died domiciled abroad, even where the saisine principle applies under the law of the domicile.
• Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271 – Instructed by Macfarlanes and Mourant. Thomas acted in 10 appeals heard by the Privy Council from Guernsey. The judgment has been one of the most significant decisions in the trusts industry for many years due to the commentary on (i) a new rule of private international law based on the status of a trustee, (ii) the role of causation in breach of trust claims, (iii) the application of the rule in Henderson v Henderson in breach of trust claims and (iv) unjust enrichment.
• Equity Trust (Jersey) Ltd v Halabi / ITG Ltd v Fort Trustees Ltd [2023] AC 877 – Instructed by Macfarlanes. Thomas acted in relation to combined appeals from Jersey and Guernsey heard by the Privy Council. These appeals were the first anywhere in the common law world to consider the order of priorities for an “insolvent” trust. The judgment has been hugely influential for that reason and has been cited in several courts in other jurisdictions, including the High Court of Australia.
• ITG Ltd v Fort Trustees Ltd (2018 to 2024) – Instructed by Macfarlanes. Thomas acted for former trustees in relation to one of the first contested Alhamrani assessments of trustee costs anywhere in the common law. Three judgments were given by the Royal Court of Guernsey ([2020] GRC 020; [2021] GRC 007; [2022] GRC 003) and three judgments by the Court of Appeal of Guernsey ([2023] GCA 004; [2023] GCA 009; [2024] GCA 002).
• In the Matter of the XYZ Trusts (2017 to 2024) – Instructed by Baker McKenzie and Carey Olsen. Thomas acted for trustees in proceedings in Bermuda concerning the restructuring of multiple valuable trusts. Two judgments were given by the Supreme Court of Bermuda in 2017 and 2022 ([2017] SC (Bda) 111 Civ; [2022] SC (Bda) 10 Civ).
• Buchanan v Buchanan (2025) – Instructed by Birketts. Thomas acted for the claimants in proceedings for rectification and construction in relation to a trust deed where the existing drafting produced substantial potential tax liabilities. Thomas successfully argued that the trust deed should be rectified as sought.