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Thomas Fletcher

Year of Call: 2009

Portrait of Thomas Fletcher
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    Practice Overview

    Thomas is a trusts and estates specialist. He has extensive experience in high-value, complex trusts and estates matters with a cross-border dimension and has been involved in some of the most legally significant cases in these areas across the common law world. His practice covers the full range of contentious and non-contentious private client work in England and internationally, including trust administration applications, breach of trust claims, contentious probate, family provision, professional negligence and taxation issues affecting the administration of trusts and estates.  He has considerable experience in overseas jurisdictions, including Bermuda, Guernsey, Jersey, Isle of Man, the Bahamas, the Turks & Caicos Islands and the BVI.

    Thomas has appeared as Counsel at every level of the court hierarchy in England and Wales from the High Court to the Supreme Court. He has also appeared twice before the Judicial Committee of the Privy Council and in courts in several offshore jurisdictions.  He is called to the Bar of Bermuda (ad hoc).

    Thomas is the editor of the key practitioner works in trusts and estates, namely Lewin on Trusts, Theobald on Wills and Williams, Mortimer & Sunnucks: Executors, Administrators and Probate.

    Recommended as a Leading Junior in the latest Chambers UK Bar, Global and HNW directories for Chancery: Traditional, Trusts and Offshore, Thomas is described as “literally indispensable. A complete workhorse, he is really one of the team and rolls up his sleeves. He is incredibly bright and very diplomatic.”  He is also ranked in the Legal 500 UK Bar (Private Client: Trusts and Probate) and English Bar Offshore.

    Thomas’s practice also covers the whole range of commercial and chancery work. He has been instructed in several heavy commercial disputes involving trusts or estates elements. He also has a growing practice in charities work, particularly related to the administration of charitable trusts and similar structures.

    • Areas of Expertise
      • Expertise Shortlist Private Client Trusts and Probate

          Recent work includes:

          Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271.  Instructed by Macfarlanes and Mourant.  Thomas acted for the successful parties in 10 appeals heard by the Privy Council from Guernsey. The judgment was hugely important in the trusts industry in articulating for the first time a new rule of private international law based on the status of a trustee.

          Equity Trust (Jersey) Ltd v Halabi / ITG Ltd v Fort Trustees Ltd [2023] 2 WLR 133.  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.

          ITG Ltd v Fort Trustees Ltd (2018 to date).  Instructed by Macfarlanes.  Thomas acts for former trustees in relation to one of the first Alhamrani assessments of trustee costs.  Three judgments have already been given by the Royal Court of Guernsey ([2020] GRC 020, [2021] GRC 007 and [2022] GRC 003) and two judgments by the Court of Appeal of Guernsey ([2023] GCA 004; [2023] GCA 009).

          In the Matter of the XYZ Trusts (2021 to date).  Instructed by Baker McKenzie and Carey Olsen.  Thomas acts for trustees in proceedings in Bermuda concerning the restructuring of multiple valuable trusts.

          Bicester Rugby Union Football Club Ltd v Payne and Malins (2021). Instructed by Richard Buxton. Thomas acted for a sports club in proceedings in England concerning the validity of a trust established in the 1930s in respect of sports grounds.

      • Expertise Shortlist International and Offshore

          Recent work includes:

          Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271.  Instructed by Macfarlanes and Mourant.  Thomas acted for the successful parties in 10 appeals heard by the Privy Council from Guernsey. The judgment was hugely important in the trusts industry in articulating for the first time a new rule of private international law based on the status of a trustee.

          Equity Trust (Jersey) Ltd v Halabi / ITG Ltd v Fort Trustees Ltd [2023] 2 WLR 133.  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.

          ITG Ltd v Fort Trustees Ltd (2018 to date).  Instructed by Macfarlanes.  Thomas acts for former trustees in relation to one of the first Alhamrani assessments of trustee costs.  Three judgments have already been given by the Royal Court of Guernsey ([2020] GRC 020, [2021] GRC 007 and [2022] GRC 003) and two judgments by the Court of Appeal of Guernsey ([2023] GCA 004; [2023] GCA 009).

          In the Matter of the XYZ Trusts (2021 to date).  Instructed by Baker McKenzie and Carey Olsen.  Thomas acts for trustees in proceedings in Bermuda concerning the restructuring of multiple valuable trusts.

          Campbell v Campbell [2017] JRC 018.  Instructed by Dickinson Gleeson.  Proceedings in Jersey in respect of a long-running dispute arising out of a family partnership concerning the beneficial ownership of shares in a Jersey company owned by the partnership. Judgment held for the first time in Jersey that the principles of common intention constructive trusts could apply outside a real property context and also included some of the first discussion of claims in unjust enrichment in Jersey.

      • Expertise Shortlist Charities

          Thomas has a strong interest in charities work and his trusts and estates practice regularly involves elements of charities law. His recent work includes advising unincorporated associations (e.g. sports and social clubs) on their trust arrangements and rules of membership and advising on potential claims against charitable trustees for breach of trust.

          His estates work also regularly involves advising on will disputes and administration issues involving gifts to charities. He is also one of the editors of Theobald on Wills including the chapter on charitable gifts.

      • Expertise Shortlist Civil Fraud

          Recent work includes:

          Maroil Trading Inc v Cally Shipholdings Inc ([2020] EWHC 3062 (Comm)). Applications for security for costs in the context of proceedings in England concerning breach of a settlement agreement and separate breaches of duty of confidence. The applications produced two judgments, including an important judgment on the principles for security for the costs of an additional claim ([2020] Costs LR 1697).

          Acting on an LCIA arbitration concerning a contractual interpretation dispute.

          Acting in relation to a summary judgment application concerning a claim by financial advisers for success fees under various engagement agreements concerning M&A transactions and IPOs.

          Advising on a potential claim for wrongful termination of contract in relation to the supply of tyres to mines in East Africa worth approximately $30 million.

          Advising a multi-national bank on potential claims against them by personal representatives arising from wrongful payments out of accounts, including potential claims under the Payment Services Regulations 2009.

          Advising franchisees on potential claims against a high-profile company acting as franchisor for fraudulent and negligent misrepresentation in relation to franchise agreements.

          Advising trustees and personal representatives in relation to potential and actual claims against financial advisers for breaches of the Financial Services and Markets Act 2000 and the FCA Handbook.

      • Expertise Shortlist Company

          Re GHD Group Holdings Ltd (2011 to 2012). Instructed by Fort & Warren.  Thomas appeared in a three-month trial of an unfair prejudice petition concerning a very high-profile beauty company (GHD) between one of the founders of the company and members of a private equity firm, who were the majority shareholders.

          Skelwith (Leisure) Ltd v Armstrong [2016] Ch 345. Instructed by Harrowells.  Thomas acted in proceedings in England for one of the partners in a partnership in respect of a claim concerning the validity of contracts for the sale of a property. Two judgments were given by the High Court, including a reported decision ([2016] Ch 345) on important issues as to the interpretation of the Land Registration Act 2002 and mortgagees’ remedies and a further decision on late amendments ([2015] EWHC 3487 (Ch)).

          Campbell v Campbell [2017] JRC 018.  Instructed by Dickinson Gleeson.  Proceedings in Jersey in respect of a long-running dispute arising out of a family partnership concerning the beneficial ownership of shares in a Jersey company owned by the partnership. Judgment held for the first time in Jersey that the principles of common intention constructive trusts could apply outside a real property context and also included some of the first discussion of claims in unjust enrichment in Jersey.

      • Expertise Shortlist Property

          R (on the application of Trail Riders’ Fellowship) v Dorset County Council [2015] 1 WLR 1406. Instructed by Instructed by Brain Chase Coles. Thomas acted for the successful respondents in an appeal to the Supreme Court on the requirements for an application under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement.

          R (on the application of Trail Riders’ Fellowship) v Devon County Council [2013] EWHC 2104 (Admin). Instructed by Brain Chase Coles.  Thomas acted for the claimants in judicial review proceedings challenging the imposition of a Traffic Regulation Order under the Road Traffic Regulation Act 1984.

          Skelwith (Leisure) Ltd v Armstrong [2016] Ch 345. Instructed by Harrowells.  Thomas acted in proceedings in England for one of the partners in a partnership in respect of a claim concerning the validity of contracts for the sale of a property. Two judgments were given by the High Court, including a reported decision ([2016] Ch 345) on important issues as to the interpretation of the Land Registration Act 2002 and mortgagees’ remedies and a further decision on late amendments ([2015] EWHC 3487 (Ch)).

          Advising a local authority on its powers in connection with the organisation of a major national annual event.

    • Recommendations

        Chancery: Traditional (Chambers High Net Worth 2023)

    • What the directories say

        "Thomas is probably the most academically gifted junior I have ever worked with. He is a walking encyclopedia, but also an incredibly normal bloke and easy to deal with." Chambers & Partners, 2026

        "Thomas Fletcher is very incisive. He covers the right points but doesn't pad things out. He has good strategic insight." Chambers & Partners, 2026

        "Thomas Fletcher is very, very good technically. He also has a good manner with clients. He is responsive and he is aware of all the twists and turns in a case." Chambers & Partners, 2026

        "He definitely knows his way around this area and is great to work with. If I had issues with probate and succession, he is definitely someone I would go to." Chambers & Partners, 2026

        "Thomas Fletcher's drafting is reliable and sensible. Everyone is pleased to be working with him." Chambers & Partners, 2026

        "Thomas Fletcher is one of the best trust juniors there is out there. He is so versatile, incredibly knowledgeable and emotionally intelligent. " Chambers & Partners, 2026

        "Thomas Fletcher has to be the strongest chancery junior draughtsman at the bar. He writes beautifully and is familiar with trust laws of all offshore jurisdictions." Chambers & Partners, 2026

        "I find Thomas very down to earth, accessible and commercial in his advice. He can distil the necessary legal principles and apply them very effectively to the commercial context of the case." Chambers & Partners, 2026

        "Thomas Fletcher has amazing brain power and has been a great resource for us when we've been faced with difficult questions. He has an incredibly in-depth understanding of the world of trusts." Chambers & Partners, 2026

        "Thomas Fletcher is very good technically. He has a good manner with clients, is highly responsive and is aware of all the twists and turns in a case." Chambers & Partners, 2026

        "Thomas is a walking encyclopaedia, but he's also an incredibly normal person, who is easy to deal with. He is incredibly intelligent and great at dealing with knotty trust problems." Chambers & Partners, 2026

        "He definitely knows his way around this area and is great to work with. If I have issues with probate and succession, he is definitely someone I would go to." Chambers and Partners High Net Worth: Chancery: Traditional (2025)

        "Thomas Fletcher's drafting is reliable and sensible, and everyone is pleased working with him." Chambers and Partners High Net Worth: Chancery: Traditional (2025)

        "Thomas Fletcher is very, very good technically. He also has a good manner with clients, is responsive and aware of all twists and turns in a case." Chambers and Partners High Net Worth: Chancery: Traditional (2025)

        "Thomas is a joy to work with. You can always be confident that no stone is left unturned and that all eventualities, even in the most high pressured and complex of cases, have been considered." Chambers & Partners Chancery: Traditional (2025)

        "Thomas offers calm, pragmatic advice, even in the midst of extreme pressure. He is incredibly hard-working, and constantly makes our lives easier through his provision of very high-quality advice." Chambers & Partners Chancery: Traditional (2025)

        "Thomas is an excellent junior with good insight and commercial acumen. He's also a strong draftsperson." Chambers & Partners Chancery: Traditional (2025)

        "Tom is an able junior who done some very big offshore cases. He is great - tremendously hard-working, knows his way around the area well and a pleasure to work with." Chambers & Partners Offshore (2025)

        "Responsive, collaborative and tactically sound." Chambers & Partners Trusts (2025)

        "Thomas is incredibly diligent, thorough and a joy to deal with. He is extremely knowledgeable, commercial and pragmatic and can see the wood for the trees." Legal 500 UK Private Client: Trusts and Probate (2025)

        "Thomas is a joy to work with. You can always be confident that no stone is left unturned and that all eventualities, even in the most high-pressure and complex of cases, have been considered." Chambers and Partners High Net Worth: Chancery: Traditional (2024)

        "He offers calm, pragmatic advice even in the midst of extreme pressure. He is incredibly hard-working, constantly making our lives easier and producing very high-quality advice." Chambers and Partners High Net Worth: Chancery: Traditional (2024)

        "Thomas is an excellent junior with good insight and commercial acumen. He's a strong draftsperson." Chambers and Partners High Net Worth: Chancery: Traditional (2024)

        "Thomas is a really hard-working, clear-minded, strong draftsman and a nice guy to work with." Chambers and Partners High Net Worth: Chancery: Traditional (2023)

        "If I ever had a case where I needed someone to give a well-balanced opinion on something, I would go to him." Chambers and Partners High Net Worth: Chancery: Traditional (2023)

        "In terms of drafting, Thomas is very responsive and phrases his answers in a very positive and easy-to-read way." Chambers and Partners High Net Worth: Chancery: Traditional (2023)

        “He is literally indispensable. A complete workhorse, he is really one of the team and rolls up his sleeves. He is incredibly bright and very diplomatic." Chambers UK Chancery: Traditional (2023)

        “He is absolutely outstanding. He navigates issues extremely well, he's highly pragmatic and he's really knowledgeable about trust law.” Chambers UK Chancery: Traditional (2022)

        “Excellent to work with." "He has a really good balance of being technically excellent but also practical and commercial." "He's a real force for good.” Chambers UK Chancery: Traditional (2021)

        “Tom Fletcher is a brilliant lawyer. He is incredibly quick, incredibly clever, insightful, and able to deal with difficult clients. I have no doubt he will become one of the new great talents at the Chancery Bar." "Enormously hard-working and very easy to work with.” Chambers UK Chancery: Traditional (2020)

         

        “He is has a formidable intellect and is excellent at getting to the nub of tactical issues. Thomas Fletcher is great to work with and very talented indeed.” Chambers UK Offshore (2023)

        “I have been very impressed by his organisation and hard work." "He is a tremendously able junior who is very technically minded and good with clients.”  Chambers UK Offshore (2022)

        “Full of common sense, he is a good barrister and very popular with clients.” Chambers UK Offshore (2021)

        “He is able to be very commercial while being technically excellent." "An extremely good team player and very good at working through what the best angle is.” Chambers UK Offshore (2020)

         

        “Thomas has an excellent grasp of detail and is able to get to the heart of very complex legal issues.” Chambers UK Trusts (2023)

        “Incredibly reliable. He has incredible recall of detail and is good with the bigger picture.” Chambers UK Trusts (2022)

        “A very intelligent trusts specialist, whose advice is often more sage than that of those with greater experience than him.”  Chambers UK Trusts (2021)

        “He applies the law in an emotionally intelligent way. He's courageous, to the point, no-nonsense and effective." "The reason I like him is that he's still able to distil complicated concepts into clear and digestible advice for clients.”  Chambers UK Trusts (2020)

        “Tom Fletcher is a brilliant lawyer. He is incredibly quick, incredibly clever, insightful, and able to deal with difficult clients. I have no doubt he will become one of the new great talents at the Chancery Bar." "Enormously hard-working and very easy to work with.” Chambers High Net Worth London (Bar) - Chancery: Traditional (2020)

        “A barrister who will genuinely go very far in our industry.”  Chambers High Net Worth London (Bar) - Chancery: Traditional (2017)

        “He has a panoramic view of trust and probate law. He is very good at dealing with difficult clients and always struck the right tone when giving advice.” Chambers High Net Worth London (Bar) - Chancery: Traditional (2017)

        “An extremely knowledgeable, conscientious and intelligent junior whose command of his area of expertise is always apparent from the clear and focussed advice that he gives.” Legal 500 UK Offshore (2022)

        “A standout junior who works in a collaborative manner.”  Legal 500 UK Offshore (2021)

        “Adept at navigating complicated trust issues.” Legal 500 UK Offshore (2020)

        “Thomas is incisive and analytical. He works exceptionally hard and has an excellent eye for detail. He is able to explain concepts and views clearly and concisely, but in a way that conveys both authority and underlying substance.” Legal 500 London Bar Private Client: Trusts and Probate (2023)

        “Really superb technically with fantastic knowledge of the area, very user-friendly and adaptable and always gives great advice. Always an asset on any matter.” Legal 500 UK Private Client: Trusts and Probate (2022)

        “A hardworking junior.” Legal 500 UK Private Client: Trusts and Probate (2021)

    • Publications

        Lewin on Trusts (19th Edition) (plus First to Third Supplements) (2015-2018)

        Theobald on Wills (18th Edition) (2016)

        Williams, Mortimer & Sunnucks (21st Edition) (2018)

        Lewin on Trusts (20th Edition) (2020)

        Theobald on Wills (19th Edition) (2019)

        Lewin on Trusts (Supplement to 20th Edition) (2023)

    News & Events

    • News

      Serle Court Achieves Outstanding Results in The Legal 500 UK Bar 2026

      We are delighted to announce another year of outstanding rankings and testimonials in The Legal 500 UK Bar 2026. Serle Court has... Read More

      News

      Thomas Fletcher Shortlisted at 2025 Citywealth Future Leaders Awards

      Serle Court is proud to announce that Thomas Fletcher has been shortlisted for 'Barrister of the Year' at the 2025... Read More

    • Events

      Cambridge Forum on International Wealth Disputes (2nd Generation)

      Location: Barcelona, Spain
      Read More

      Events

      Transcontinental Trusts: Bermuda - 11th Annual Conference | 14-16 May 2025

      Location: Hamilton Princess Hotel & Beach Club, Bermuda
      Read More

    View all news & events

    • "Thomas Fletcher has amazing brain power and has been a great resource for us when we've been faced with difficult questions. He has an incredibly in-depth understanding of the world of trusts."

      Chambers & Partners, 2026

    • "Thomas offers calm, pragmatic advice, even in the midst of extreme pressure. He is incredibly hard-working, and constantly makes our lives easier through his provision of very high-quality advice."

      Chambers & Partners, 2025

    • "Tom is an able junior who done some very big offshore cases. He is great - tremendously hard-working, knows his way around the area well and a pleasure to work with."

      Chambers & Partners, 2025

    • "Thomas is incredibly diligent, thorough and a joy to deal with. He is extremely knowledgeable, commercial and pragmatic and can see the wood for the trees."

      The Legal 500, 2025

    Education & Qualifications

    MA (Cantab) First Class
    LLM (Queen Mary, University of London) Distinction

    Appointments

    Deputy District Judge (Civil), South Eastern Circuit

    Memberships

    Chancery Bar Association
    COMBAR

    News & Events

    • News

      Serle Court Achieves Outstanding Results in The Legal 500 UK Bar 2026

      We are delighted to announce another year of outstanding rankings and testimonials in The Legal 500 UK Bar 2026. Serle Court has... Read More

      News

      Thomas Fletcher Shortlisted at 2025 Citywealth Future Leaders Awards

      Serle Court is proud to announce that Thomas Fletcher has been shortlisted for 'Barrister of the Year' at the 2025... Read More

    • Events

      Cambridge Forum on International Wealth Disputes (2nd Generation)

      Location: Barcelona, Spain Read More

      Events

      Transcontinental Trusts: Bermuda - 11th Annual Conference | 14-16 May 2025

      Location: Hamilton Princess Hotel & Beach Club, Bermuda Read More

    View all related news & events