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Professional Liability

Tom is instructed on professional liability claims including against insolvency practitioners, solicitors and trustees of pension schemes, as well as other professionals engaged in his practice areas of pensions, insolvency and commercial litigation.

He was recently instructed on a claim against pension scheme trustees and their advisers in relation to the treatment of a debt under section 75 of the Pensions Act 1995.

He was led by Lexa Hilliard QC and Elspeth Talbot-Rice QC in the case of Stanford Bank v Nigel Hamilton Smith, Peter Wastel & Anr, acting on behalf of the former joint liquidators of Stanford Bank, Antigua, in connection with a negligence claim that has been issued against them in Antigua by the Bank, acting by the current joint liquidators. The matter included an anti-suit injunction hearing in London ([2016] EWHC 1115 (Ch)) and hearings in Antigua.

He has acted for and against administrators facing claims of misfeasance, including for decisions to trade during administration.

He has also acted in relation to claims against pension scheme trustees for breach of duty, including claims seeking their removal under the Pensions Act 1995 and claims under s.16 of the Pensions Act 2004 alleging misuse and misapplication of scheme assets.