Practice overview

Tom has a broad commercial chancery practice, spanning business, trusts and property disputes in the UK and abroad. His practice is evenly split between led and non-led work. Tom regularly appears in a range of domestic courts and tribunals and, increasingly, in courts and tribunals in other jurisdictions. He also undertakes a broad range of advisory and drafting work.

The bulk of Tom’s practice comprises: Commercial and contractual disputes; Contentious trusts, wills and probate; Residential and commercial property; Civil fraud and asset recovery; Corporate and personal insolvency; Professional negligence cases arising from the above areas.

Tom is recognised in the leading directories for his Commercial Chancery, Trusts and Real Estate practices.

Tom’s practice has an increasingly international focus and he has recent experience on substantial disputes (litigation and arbitration) in the Cayman Islands, British Virgin Islands, Jersey, Guernsey, the Dubai International Financial Centre, Hong Kong and Bermuda.

That experience builds upon secondments in the first two of those jurisdictions between 2013 and 2015 with Campbells (Cayman and BVI) and Mourant (Guernsey). He maintains a practicing certificate in the BVI and is a Registered Part II Legal Practitioner in the DIFC Courts. He enjoys, and has considerable experience, working as a part of team of lawyers in different jurisdictions.

Commercial disputes

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. Many of the commercial disputes Tom is involved in are arbitrated rather than litigated, and the majority of his cases have an international aspect.

Recent illustrative cases include:

  • Appearing in the High Court trial of a claim for breach of non-circumvention rights in Heads of Terms relating to the pursuit of a joint-venture tour bus business in Dubai: Mahmood v The Big Bus Co [2021] EWHC 3395 (QB).
  • Acting (with John Wardell KC) in an ongoing dispute between a private individual and a private bank about his substantial investments in offshore investment funds and the operation of those funds: Chia Hsing Wang v Otaibi [2021] EWHC 2896 (Ch). 
  • Acting for a Cypriot company resisting attempts to enforce a bank’s Russian judgment against the Company’s assets in the British Virgin Islands. 
  • Assisting Bermudian counsel in the trial in the Supreme Court of Bermuda of a claim between an outgoing shareholder and the company about the validity and enforceability of a non-compete clause and the shareholder’s entitlement to payment for his share redemption: Koole v HG (Bermuda) Limited [2021] SC (Bda) 84 Com. 
  • Acting (with Lexa Hilliard KC) in the Court of Appeal in the latest round of the ‘Waterfall’ litigation to establish the priority of creditors following the collapse of Lehman Brothers. This appeal concerned the relative ranking of various notes and sub-debt agreements on the proper construction of the instruments: Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc [2021] EWCA Civ 1523.
  • Advising and acting in complex multi-party BVI Commercial Court proceedings concerning the ultimate entitlement to a substantial UK property portfolio held through an offshore structure.
  • Acting and appearing for companies in the Caterpillar group in claims in the DIFC to recover sums due and enforce security under financing arrangements for construction equipment. 
  • Acting (with Tim Penny KC) 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.

Download Commercial disputes CV

  • Quote symbolTom is action-orientated and decisive. He gets stuff done. He likes the rough and tumble of court and is an effective and enthusiastic advocate.

    The Legal 500 2024

  • Quote symbolHe's very personable, approachable, and able to get legal information across in a very client-friendly way. His work is of a very high standard. All in all, an excellent junior.

    Chambers & Partners 2024

  • Quote symbolTom takes a sporting attitude towards litigation and relishes a good fight. Clients quickly trust him, and he never fails to deliver a top-quality service.

    Chambers & Partners 2024

  • Quote symbolIncredibly responsive, very diligent, very able, good on the detail, and someone who comes out with helpful, constructive suggestions.

    Chambers & Partners 2024

  • Quote symbolI was very impressed with Tom. His written and oral advocacy proved highly persuasive and resulted in us achieving an excellent result for our client.

    Chambers & Partners 2024

Commercial disputes insights & events View all thought leadership View all events

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    Events / Webinars

    Wilberforce Guernsey Conference 2023

    Thursday 19th October 2023 | 3.30pm- 6.20pm, followed by a drinks reception
    The Old Government House Hotel & Spa, St Peter Port

    Free to attend | 2.0 CPD

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    Events / Webinars

    Wilberforce Jersey Conference 2023

    Wednesday 18th October 2023 | 3.30pm - 6.20pm, followed by a drinks reception
    Grand Jersey Hotel & Spa, St. Helier

    Free to attend | 2.0 CPD

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    Events / Webinars

    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

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    Events / Webinars

    Wilberforce BVI Conference 2023

    Tuesday 12th September 2023 | 3.30pm - 6.25pm followed by a dinner buffet
    Scrub Island Resort

    Free to attend | 1.5 CPD

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Tom's expertise

Download Insolvency CV

Insolvency

Tom regularly encounters and advises upon insolvency issues in practice, particularly in the context of landlord and tenant disputes and attempts to secure security over real property. He also accepts instructions in pure insolvency cases.

Illustrative examples include:

  • Acting (with Lexa Hilliard KC) in the Court of Appeal in the latest round of the ‘Waterfall’ litigation to establish the priority of creditors following the collapse of Lehman Brothers. This appeal concerned the relative ranking of various notes and sub-debt agreements on the proper construction of the instruments: Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc [2021] EWCA Civ 1523.
  • Acting on behalf of a trustee in bankruptcy in proceedings to challenge a declaration of trust over property as a transaction intended to defraud creditors.
  • Appearing on applications to set aside statutory demands on the basis the debt is contested: Rankin v Dissington Lending Co Ltd [2021] EWHC 172 (Ch).
  • 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 Thomas Lowe KC).

Download Insolvency CV

  • Quote symbolTom is action-orientated and decisive. He gets stuff done. He likes the rough and tumble of court and is an effective and enthusiastic advocate.

    The Legal 500 2024

  • Quote symbolHe's very personable, approachable, and able to get legal information across in a very client-friendly way. His work is of a very high standard. All in all, an excellent junior.

    Chambers & Partners 2024

  • Quote symbolTom takes a sporting attitude towards litigation and relishes a good fight. Clients quickly trust him, and he never fails to deliver a top-quality service.

    Chambers & Partners 2024

  • Quote symbolIncredibly responsive, very diligent, very able, good on the detail, and someone who comes out with helpful, constructive suggestions.

    Chambers & Partners 2024

  • Quote symbolI was very impressed with Tom. His written and oral advocacy proved highly persuasive and resulted in us achieving an excellent result for our client.

    Chambers & Partners 2024

Insolvency insights & events View all thought leadership View all events

  1. Placeholder

    Events / Webinars

    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

    View more
  2. Placeholder

    Events / Webinars

    Wilberforce BVI Conference 2023

    Tuesday 12th September 2023 | 3.30pm - 6.25pm followed by a dinner buffet
    Scrub Island Resort

    Free to attend | 1.5 CPD

    View more
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    Events / Webinars

    WATCH: BVI Conference 2020 – Webinar 2

    Wednesday 18 November 2020 | 1pm - 2.30pm BVI time (5pm - 6.30pm UK time) followed by virtual networking
    Online, Zoom Webinar

    1.5 CPD

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    Events / Webinars

    Wilberforce Cayman Conference & Dinner Party 2019

    Tuesday 17 September 2019 | 4pm - 6.30pm followed by drinks and a dinner buffet
    Kimpton Seafire Resort, 60 Tanager Way, Seven Mile Beach, Grand Cayman,

    2.0 CPD

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International arbitration

Tom has advised upon and acted in a range of domestic and international arbitrations, and arbitration disputes are forming an increasing part of his practice.

Notable recent examples include:

  • Acting (with John Wardell KC) in an ongoing c.$50m dispute between a private service provider and the government of an offshore jurisdiction about the sums due and/or the extent of any historic overcharging under an agreement for the provision of key public services (ICC Rules).
  • Acting (as sole counsel) on a two-day hearing in a DIFC-LCIA arbitration in Dubai for the recovery of a loan advanced for the purchase of petrochemicals.
  • Acting (with Andreas Gledhill) for a purchaser in seven-day arbitration to determine the purchase price of a substantial property portfolio as part of a complex corporate takeover.
  • Acting (as sole counsel) on a two-day arbitration in Doha (under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce) on a multimillion-dollar claim made by a security provider for unpaid invoices following the termination of their security services contract with an oil and gas company.

Tom also has experience of:

  • Expert determination processes, and appeared (with Jonathan Seitler KC) in the Court of Appeal in Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd [2019] EWCA Civ 1683, concerning the extent of an expert valuer’s ability to determine the parameters of their own task in a dispute under a contract for the sale of land.
  • Challenging arbitration awards, e.g. (with Michael Bloch KC) on a claim to set aside a shipping arbitration award on the ground that the award had been procured by fraud: Nestor Maritime SA v Sea Anchor Shipping Co Ltd [2012] EWHC 83 (Comm).

Download International arbitration CV

  • Quote symbolTom is action-orientated and decisive. He gets stuff done. He likes the rough and tumble of court and is an effective and enthusiastic advocate.

    The Legal 500 2024

  • Quote symbolHe's very personable, approachable, and able to get legal information across in a very client-friendly way. His work is of a very high standard. All in all, an excellent junior.

    Chambers & Partners 2024

  • Quote symbolTom takes a sporting attitude towards litigation and relishes a good fight. Clients quickly trust him, and he never fails to deliver a top-quality service.

    Chambers & Partners 2024

  • Quote symbolIncredibly responsive, very diligent, very able, good on the detail, and someone who comes out with helpful, constructive suggestions.

    Chambers & Partners 2024

  • Quote symbolI was very impressed with Tom. His written and oral advocacy proved highly persuasive and resulted in us achieving an excellent result for our client.

    Chambers & Partners 2024

Tom's expertise

Download Property CV

Property

Tom has extensive experience of advising and acting on a wide range of real property and commercial landlord and tenant disputes, as well as on professional negligence cases arising from property transactions. He is a member of the Property Bar Association, and is ranked in both Chambers & Partners and Legal 500 for his property litigation practice.

Tom has a particular experience of and interest in high profile claims involving protestors and squatters, with clients including HS2 and leading energy firms. He acted as sole counsel for Cuadrilla in the important Court of Appeal decision in Cuadrilla Bowland v Persons Unknown [2020] EWCA Civ 9 which upheld committal orders for breach of a ‘persons unknown’ injunction, and has acted in several High Court cases to obtain such injunctions.

Tom’s broader chancery practice means that he is particularly well suited to, and enjoys, cases spanning multiple practice areas including issues of trusts of land, insolvency and contractual disputes arising from sale purchase, overage, joint venture or development agreements.

He has recent experience in the resolution of property disputes in arbitration and by expert determination, including:

  • Acting for a purchaser in seven-day arbitration to determine the purchase price of a substantial property portfolio as part of a complex corporate takeover (led by Andreas Gledhill KC); and
  • Appearing (with Jonathan Seitler KC) in the Court of Appeal in Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd [2019] EWCA Civ 1683, concerning the extent of an expert valuer’s ability to determine the parameters of their own task in a dispute under a contract for the sale of land.

Tom also advises and acts upon property disputes in Caribbean jurisdictions.

Download Property CV

  • Quote symbolTom is action-orientated and decisive. He gets stuff done. He likes the rough and tumble of court and is an effective and enthusiastic advocate. Tom is excellent on complex site-recovery issues.

    The Legal 500 2024

  • Quote symbolHe's very personable, approachable, and able to get legal information across in a very client-friendly way. His work is of a very high standard. All in all, an excellent junior.

    The Legal 500 2024

  • Quote symbolTom takes a sporting attitude towards litigation and relishes a good fight. Clients quickly trust him, and he never fails to deliver a top-quality service.

    Chambers & Partners 2024

  • Quote symbolIncredibly responsive, very diligent, very able, good on the detail, and someone who comes out with helpful, constructive suggestions.

    Chambers & Partners 2024

  • Quote symbolI was very impressed with Tom. His written and oral advocacy proved highly persuasive and resulted in us achieving an excellent result for our client.

    Chambers & Partners 2024

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    Events / Webinars

    Leeds Property Seminar & Drinks Event 2023

    Thursday 15th June 2023 | 3.15pm - 6pm, followed by drinks and pool at Pinnacle
    Leeds Marriott

    Free to attend | 1.75 CPD

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    Events / Webinars

    Manchester Property Seminar & Drinks Event 2023

    Wednesday 14th June 2023 | 3.15pm - 6pm, followed by drinks and shuffleboard at Box Deansgate
    The Edwardian Manchester (A Radisson Collection Hotel)

    Free to attend | 1.75 CPD

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    Articles

    Valuing property in accordance with contract (Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd)

    By Tom Roscoe
    Tuesday 22 October 2019

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    Events / Webinars

    Wilberforce RICS Cayman Seminar: Beach access rights

    Monday 16 September 2019 | 5pm - 6pm followed by drinks
    Kimpton Seafire Resort 60 Tanager Way, Seven Mile Beach, Grand Cayman,

    1.0 CPD

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Trusts, probate and estates: contentious

Tom has a broad range of experience of private client disputes, which span the range from very modest domestic trusts and estates to offshore structures worth hundreds of millions of dollars. Tom acts for clients including professional and lay trustees and executors, beneficiaries and parties appointed to represent minor and unborn beneficiaries.

As a complement to his property practice, Tom also frequently advises and appears on disputes concerning trusts of property.

Ongoing or recent illustrative cases include:

  • Advising a beneficiary of a substantial Guernsey trust in connection with a contested application by the trustee for the ‘blessing’ of a proposal to separate the interests of various beneficiaries into new trusts (with Jonathan Hilliard KC).
  • Advising the professional trustee of a Jersey trust in parallel administrative and hostile proceedings concerning a proprietary claim to the entirety of the trust fund by a non-beneficiary (with Robert Ham KC).
  • Assisting the Jersey Advocate appointed to act for minor and unborn beneficiaries in complex proceedings concerning the validity or rationality of the trustee’s proposals to divide the fund in the face of competing claims to particular shares in the fund by some adult beneficiaries. 
  • Advising as to the equitable ownership of property in Grenada in the context of a probate dispute.
  • Assisting the Guernsey Advocate appointed to act for minor and unborn beneficiaries in proceedings before the Guernsey Court of Appeal concerning the construction of a clause in the trust deed requiring the partition of the fund in the event of the death of a beneficiary.

Download Trusts, probate and estates: contentious CV

  • Quote symbolTom is action-orientated and decisive. He gets stuff done. He likes the rough and tumble of court and is an effective and enthusiastic advocate.

    The Legal 500 2024

  • Quote symbolHe's very personable, approachable, and able to get legal information across in a very client-friendly way. His work is of a very high standard. All in all, an excellent junior.

    Chambers & Partners 2024

  • Quote symbolTom takes a sporting attitude towards litigation and relishes a good fight. Clients quickly trust him, and he never fails to deliver a top-quality service.

    Chambers & Partners 2024

  • Quote symbolIncredibly responsive, very diligent, very able, good on the detail, and someone who comes out with helpful, constructive suggestions.

    Chambers & Partners 2024

  • Quote symbolI was very impressed with Tom. His written and oral advocacy proved highly persuasive and resulted in us achieving an excellent result for our client.

    Chambers & Partners 2024

Trusts, probate and estates: contentious insights & events View all thought leadership View all events

  1. Placeholder

    Events / Webinars

    Wilberforce Guernsey Conference 2023

    Thursday 19th October 2023 | 3.30pm- 6.20pm, followed by a drinks reception
    The Old Government House Hotel & Spa, St Peter Port

    Free to attend | 2.0 CPD

    View more
  2. Placeholder

    Events / Webinars

    Wilberforce Jersey Conference 2023

    Wednesday 18th October 2023 | 3.30pm - 6.20pm, followed by a drinks reception
    Grand Jersey Hotel & Spa, St. Helier

    Free to attend | 2.0 CPD

    View more
  3. Placeholder

    Events / Webinars

    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

    View more
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    Events / Webinars

    Wilberforce BVI Conference 2023

    Tuesday 12th September 2023 | 3.30pm - 6.25pm followed by a dinner buffet
    Scrub Island Resort

    Free to attend | 1.5 CPD

    View more

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Tom's Details

BSB/VAT information

Registered name: Mr Thomas Henry Roscoe
VAT number: 119562701

Privacy Notice pdf

Qualifications and Appointments

  • BA (Hons) (1st Class) – Philosophy, Politics and Economics – Brasenose College, Oxford
  • GDL – City University, London
  • BVC – City University, London (graded outstanding)
  • BVI practicing certificate

Memberships

  • Chancery Bar Association
  • Combar

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