Tom Smith

 

 

Contact details:

3-4 South Square, Gray’s Inn, London WC1R 5HP. 

Telephone +44 (0)20 7696 9900.  Fax +44 (0)20 7696 9911.  LDE 338 (Chancery Lane).
Email tomsmith@southsquare.com.  Web www.southsquare.com

Education:

Inns of Court School of Law – 1998 to 1999 Bar Vocational Course

Clare College, Cambridge – 1997 to 1998 LLM (Masters in law). First class

Clare College, Cambridge – 1994 to 1997 BA (Hons) in Law. First class

Awards & scholarships:

Middle Temple Hardwicke Scholarship – 1998

Middle Temple Hardwicke Entrance Exhibition – 1998

Rebecca Flower Squire Scholarships – 1996, 1997 and 1998

The ECS Wade Prize for Constitutional Law – 1995

Clare College Scholarships – 1995, 1996 and 1997

Clare College Law Prize – 1995, 1996 and 1997

Professional career:

Called to the Bar 27 November 1999 (Middle Temple)

Pupillage: 3/4 South Square – October 1999 to September 2000

 

Areas of practice:

Financial Law - Banking, Corporate Insolvency, Financial Services, Insurance

Company Law

Trusts

Commercial Litigation and Arbitration

Details:

 

Banking

 

British Energy v Credit Suisse [2007] 2 Lloyd's Rep 427 – dispute over permissibility of the sub-participation of option rights in relation to Eggborough Power Station

 

Three Rivers District Council v The Bank of England [2006] EWHC 816 (Comm) – acting for the Bank of England in its successful defence of the claim brought by the liquidators of BCCI for misfeasance in public office

 

National Westminister Bank v Rabobank – acting for NatWest in relation to the claims of fraud brought against it by Rabobank in connection with a banking work-out

 

               


Corporate Insolvency

 

Advising in relation to different aspects of various insolvencies, restructurings and reorganisations – recent cases in 2007/2008 include Eurotunnel, Damovo, Luxfer, Metronet, Northern Rock, Nybron.

 

Re HIH Casualty and General Insurance Ltd [2008] UKHL 21 – the leading case on the relationship between English and foreign liquidations and on the power of an English liquidator to remit assets to foreign office-holders

 

Re Metronet Rail BCV Ltd [2008] 2 All ER 75 – meaning of “other appointee” in relation to transfer scheme under the Greater London Authority Act 1999

 

Re Collins & Aikman Europe SA [2007] 1 BCLC 182 – power of administrators to make distributions and payments to creditors in accordance with foreign law

 

Re Collins & Aikman Group [2006] BCC 606 – power of the English court under the EC Regulation to make administration orders in respect of a group of companies incorporated in England and in other European states

 

Cooper v Official Receiver [2003] BPIR 55 – whether trusts established by failed IVA

 

Re AY Bank Ltd [2002] BPIR 1231 – the power of administrators to make payments to unsecured creditors

 

Re Lifeplayer Limited [2002] BPIR 465 – consideration of the correct approach to be adopted in considering whether a corporate restructuring constitutes a preference within the meaning of Section 239 of the Insolvency Act 1986

 

Re Continental Assurance Company of London plc [2001] BPIR 733 – the leading case on wrongful trading claims under Section 214 of the Insolvency Act 1986

 

Company

 

Re Teighmore Limited – acting in trial and associated proceedings relating to a shareholder dispute and trustee negligence action in respect of the “Shard of Glass” tower development in London

 

Re Transmission and Engineering Services Netherlands BV – acting in relation to investigation proceedings commenced in the Dutch Enterprise Court in respect of the JCB group of companies

 

                Trusts

 

JP Morgan Trust Company (Jersey) Ltd v Al Hamrani [2006] JCA – leading case on the circumstances in which confidential trust documents can be disclosed to a stranger to the trust

 

Re JC Bamford (deceased) – acting in proceedings concerning the disputed will of JC Bamford and in relation to associated actions in Jersey, Switzerland and Bermuda

 

Re Rothfield Investments Ltd [2003] WTLR 593 (Jersey Court of Appeal) – leading case on the circumstances in which a party with a potential claim to trust property must be convened to the hearing of an application by the beneficiary for the transfer of the property

 

                Financial Services

 

Re TransTec plc – appearing for the Executive Counsel of the Joint Disciplinary Scheme in respect of complaints brought against the former auditors of TransTec resulting in a record fine

 

Split Capital Investment Trusts – advising the Jersey Financial Services Commission in relation to the £194m splits capital investment trust settlement signed in December 2004

 

Re Alternate Insurance Services Limited – advising the Financial Services Commission in relation to claims for restitution in respect of the mis-selling of financial services products

 

                Insurance

 

Various insurance schemes of arrangement including: Pan Atlantic Insurance Co Ltd [2003] 2 BCLC 678, City General Insurance Company Ltd, Nichido Fire & Marine Insurance Company Ltd, Municipal General Insurance Co Ltd; Pacific & General Insurance Co Ltd

 

Part VII transfers under the Financial Services and Markets Act 2000

 

                Arbitration

 

                                   Arbitrations under ICC, LCIA, UNCITRAL and ICSID rules

 

General commercial litigation

 

Westacre Investments Limited v The State Owned Company Yugoimport [2008] EWHC 801 (Comm) – effect of expiry of time on application for charging/third party debt order and practice of English court to grant declaratory relief in support of foreign enforcement proceedings

 

Fourie v Le Roux (House of Lords) [2007] 1 All ER 1087 – leading case on grant of freezing orders in support of intended legal proceedings

 

Silvera v Urquhart [2003] All ER (D) 330 – fraud and breach of trust; issues considered included use of unused witness statements and the inferences to be drawn from a failure to call witnesses

 

Three Rivers District Council v The Bank of England [2005] EWCA 889 and [2005] EWCA 993 – leading Court of Appeal authorities on the circumstances in which cross-examination of a witness may be curtailed and on the circumstances in which the court may hear a matter and give judgment in private

 

Publications:

 

Company Directors (OUP, forthcoming)

 

Paget’s Law of Banking (13th ed, 2007)

 

EU Banking and Insurance Insolvency (Oxford University Press) (2006)

 

Halsbury’s Laws of England, Vols 7(3), 7(4) Companies (2004)

 

The EC Regulation on Insolvency Proceedings (Oxford University Press) (2002)

 

Halsbury’s Laws of England, Vol 3(2) Bankruptcy (2002)

 

Cross-Frontier Insolvency of Insurance Companies (Sweet & Maxwell) (2001)

 

“Administration Orders for Insurance and Reinsurance Companies: The New Law” (2005) 18 Insolvency Intelligence 33

 

“Schemes for Insolvent Insurers and Reinsurers – The New Legal Provisions” (2004) 17 Insolvency Intelligence 54

 

“Human Rights: The Practical Impact on Insolvency”, Tolley’s Insolvency Law and Practice, Vol 16 No.15