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Thomas Robinson

Call: 2003   

+44 (0)20 7306 0102trobinson@wilberforce.co.uk

Company

Thomas has acted as sole and led counsel on company matters including petitions under s.994 of the Companies Act 2006. Thomas has also acted on cases concerning directors’ duties including proceedings under the Company Directors Disqualification Act 1986.

Notable cases:

  • Treetop Investment LLC v Falmouth House Freehold Company Ltd & Ors [2017] EWHC 674 (Ch). Successful resistance of appeal raising questions of issue estoppel and abuse of process in the context of petitions brought under s.994 of the Companies Act 2006. Permission to appeal had been granted on the grounds of (i) whether Henderson v Henderson abuse of process applied to allegations of continuing breaches of duty, and (ii) whether issue estoppel applied where earlier proceedings were struck out for non-compliance with court orders, without consideration of the merits. Neither ground was upheld.
  • Re Desmond & Sons Ltd [2015] Pens LR 1; [2014] FS/2010/0011. Upper Tribunal (Tax and Chancery Chamber) decision concerning obligations of directors to maintain privilege on behalf of company once dissolved.
  • Healthcare Management Services Ltd v Caremark Properties Ltd [2013] BCC 484. Dispute over shareholder creditors’ rights to appoint administrators over their joint venture company.
  • Panayotov v Falmouth House Freehold Company Limited [2012] EWCA Civ 1174. Acted as sole counsel in successful resistance of appeal concerning proper construction of company documentation and agreements.