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Tom Roscoe

Call: 2010   

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

Commercial

The vast majority of Tom’s cases arise in a commercial context. As well as experience of business disputes between commercial parties, he has particular experience of and interest in commercial fraud and asset tracing.

Illustrative cases include:

  • Appearing (unled) in a two-day arbitration in Doha on behalf of a DIFC based client concerning the provision of security services in the oil and gas industry
  • Acting (with Tim Penny QC) on a claim brought by Hong Kong clients against the vendors of an international armoured car manufacturer for fraudulent breach of warranty and diversion of corporate opportunities
  • Acting, on an appeal in the English High Court, for a DIFC based client seeking to strike out a claim brought by a former prospective joint venture partner under an alleged UAE-law governed agreement
  • Advising former shareholders of a Bermudian company about the validity of non-compete clauses and the construction of a clause concerning deferred payments for their share redemptions
  • Advising on Cayman law aspects of Hong Kong based litigation concerning the ownership of investment fund assets, including whether various of the underlying agreements were shams (with Lexa Hilliard QC)
  • Acting on a claim brought in the BVI Commercial Court to enforce multi-million dollar promissory notes
  • Advising judgment creditors on the enforcement of a multi-million dollar Texan judgment against the assets of Bahamian companies connected with the judgment debtor (with Tim Penny QC)
  • Advising a defendant bank on a £1m claim brought by a customer claiming that certain payments out of its bank account had been procured by fraud, which the bank should have detected, and were otherwise paid in beach of mandate
  • Advising in relation to an anti-suit injunction application to restrain the pursuit of a US $600m fraud claim in Oklahoma in breach of an exclusive jurisdiction clause in favour of the English High Court (acting with Michael Bloch QC and Charles Hollander QC)
  • Appearing in the Dubai World Tribunal for the multi-day trial of a $50m claim bought by an Egyptian labour supply company against a port owner accused of conspiring to cause the labour force to breach their employment contracts with the claimant and transfer to the employment of a state owned entity: Platinum Services Company EJSCv. DP World Ltd DWT 005/2013 [2015] (with Rupert Reed QC)
  • Appearing in the BVI Commercial Court on a contested three day application to stay insolvency proceedings brought by loan note holders in the BVI in favour of a multibillion dollar court supervised restructuring of the OAS group of companies in Brazil (with Tom Lowe QC) Advising upon and drafting proceedings in support of a claim to recover $2m said unlawfully to have been withheld under a misapplied profit-share agreement in connection with FX trading
  • Advising on aspects of Cayman litigation concerning claims against the former custodian and administrator of a Madoff feeder-fund (in liquidation) (2015; while on secondment)