"A very hard-working, tenacious barrister who is incisive and clear-thinking in his advice." "His brain is working many steps ahead of everyone else in the courtroom."
Silk in both England and South Africa, practising full-time in London since 2010. Heavy commercial trial practice with extensive experience across a wide front. Selected for The Lawyer’s Hot 100 in 2019. Chambers & Partners 2020 notes that “He is very considered, doesn't make silly points and makes the judge feel like they can trust him. He's very bright;" "Very measured and thoughtful in his approach, and has a really good, unruffled style in court" and "He's very approachable, he's so on top of everything that's going on, and he's so well prepared."
Silk in both England and South Africa, practising full-time in London since 2010. Heavy commercial trial practice with extensive experience across a wide front. Selected for The Lawyer’s Hot 100 in 2019. Chambers & Partners 2020 notes that “He is very considered, doesn't make silly points and makes the judge feel like they can trust him. He's very bright;" "Very measured and thoughtful in his approach, and has a really good, unruffled style in court" and "He's very approachable, he's so on top of everything that's going on, and he's so well prepared."
In 2019 he acted in amongst others the appeal against the jurisdiction challenges and discharge of the world-wide freezing injunction in PJSC Bank v Kolomoisky [2019] EWCA Civ 1708, the BVI jurisdiction dispute in Wilton Trustees (IoM) Limited v AFS Trustee Limited and others BVIHC (COM) 2018/154; and in the Accountancy Scheme proceedings in The Executive Counsel of the FRC v Deloitte (arising from the audit of Autonomy plc in 2009 and 2010).
2018 cases included PJSC Bank v Kolomoisky [2018] EWHC 3308 (Ch); the Supreme Court jurisdiction appeal the claims arising from a failed Portuguese Bank in Goldman Sachs International v Novo Banco [2018] UKSC 34; E20’s defence of West Ham United’s claims relating to the rights to use the London Stadium (main proceedings settled on first day of trial) and defending the erstwhile Financial Director of RSM Tenon Inc in proceedings brought by the FRC under the Accountancy Scheme.
2017 cases included the comprehensive defeat of the £130 million damages claims in Holyoake v Candy [2017] EWHC 3397 (Ch); and the exiting shareholder’s fair value claim Signia v Dauriac [2018] EWHC 1040 (Ch).
He appeared in cases listed in The Lawyer’s top 20 for each of 2017, 2015, 2013 and 2011 - Holyoake v Candy (2017, Ch), Cattles Group v PriceWaterhouseCoopers LLP (2015, settled after opening submissions filed), Deutsche Bank AG v Sebastian Holdings Inc [2013] EWHC 3463, British Sky Broadcasting Limited and Others v Office of Communications [2012] CAT 20. He has a breadth of experience across wide ranging commercial fields, from banking and company law to competition, and auditors’ and solicitors’ professional negligence to breach of copyright and confidential information.
He has also been called in the British Virgin Islands.
Recent cases include:
In South Africa he acted in many fields including:
He continues to advise English clients on South African law. He is acting as an expert on South African law in the Netherlands in Vereniging van Effectenbezittes and other Steinhoff Investors v Deloitte Accountants BV and previously acted as an expert witness in proceedings in Jersey in Investec Trust (Switzerland) S.A. v the Philip Gutman Family Trust. In South African, he continues to advise on matters of English law, and acted as an expert witness on English law in arbitration proceedings relating the Qingdao aluminium frauds.
He acts in substantial commercial trials across a wide compass.
In 2019 he acted in the appeal in PJSC Bank v Kolomoisky [2019] EWCA Civ 1708; the seven week trial in the Accountancy Scheme Disciplinary Tribunal of The Executive Counsel of the FRC v Deloitte (arising from the audit of Autonomy plc in 2009 and 2010); as well as Flowgroup Plc v Co-operative Energy Ltd [2019] EWHC 2344 (Comm); and the BVI jurisdiction proceedings in Wilton Trustees (IoM) Limited v AFS Trustee Limited and others BVIHC (COM) 2018/154.
In 2018 he acted in the jurisdiction challenges and applications to discharge the world-wide freezing injunction in [2018] EWHC 3308 (Ch) (and the related application [2018] EWHC 482 (Ch)); the Supreme Court jurisdiction appeal the claims arising from a failed Portuguese Bank in Goldman Sachs International v Novo Banco [2018] UKSC 34; and E20’s defence of West Ham United’s claims relating to the rights to use the London Stadium, [2018] EWHC 2367 (Ch), specific disclosure and redaction - [2018] EWHC 2578 (Ch); and privilege [2018] EWHC 2784 (Ch); with an expedited appeal on the last shortly before the trial, [2018] EWCA Civ 2652 (main proceedings settled on first day of trial)
In 2017 he acted in Holyoake v Candy [2017] EWHC 3397 successfully defending claims for conspiracy and duress of £130 million, in the investment management company dispute Signia Wealth v Vector Trustees Ltd [2018] EWHC 1040 (Ch) and in the successful claim for an indemnity arising out of the catastrophic failure of an industrial printing press in Contact Print and Packaging Ltd v Travelers Insurance Company Limited [2018] EWHC 83 (TCC).
He is heavily engaged in financial services disputes. In addition to Goldman Sachs v Novo Banco SA and PSJC Commercial Bank Privatbank v Kolomoisky he has recently acted in mis-selling claims brought by an individual against Barclays Bank and acting for an Australian foreign exchange dealer against Citibank in claims for losses suffered on the 2015 Swiss Franc revaluation; spent most of 2013 and 2014 acting in the $8 billion dispute in Deutsche Bank AG v Sebastian Holdings Inc [2013] EWHC 3463, and its aftermath including the application in the Court of Appeal for security for the judgment [2014] EWCA Civ 1100; and before that in Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund [2013] 1 All E.R. (Comm) 973 and [2012] EWHC 1486 (Comm).
Judgments in other recent commercial cases include: Flowgroup Plc v Co-operative Energy Ltd [2019] EWHC 2344 (Comm) CH Trustees v Omega Services Group Ltd (BVI HC 0037/2015; GB Minerals Holdings Ltd v Short [2015] EWHC 1387 (TCC); QOGT Inc v IOGT Ltd [2014] EWHC 1628 (Comm), and resisting a corporate finance success fee in Cavendish CF LLP v KIMS Propco Ltd [2014] EWHC 1282 (Ch).
He regularly acted in arbitration matters in South Africa, including as the junior silk for Sishen Iron Ore Company in a well-publicised arbitration over long term ore supplies to ArcelorMittal South Africa, in which Sishen defeated ArcelorMittal's claims to be contractually entitled to a substantial portion of the new Kolomela iron ore mine.
Since moving to the UK he has continued to act in both South African and UK arbitration claims, including a current dispute over liability for the loss of valuable cargo consigned from South Africa to Europe.
He acts widely in accountancy cases, having a first degree in accountancy and economics, and Legal 500 2020 records that "He is noted for auditors' negligence claims.".In 2019 he defended Deloitte in the seven week trial in the Accountancy Scheme Disciplinary Tribunal of The Executive Counsel of the FRC v Deloitte (arising from the audits of Autonomy plc in 2009 and 2010). He is acting as an expert witness on South African law in the Netherlands in Vereniging van Effectenbezitters and other Steinhoff Investors v Deloitte Accountants BV; is assisting Deloitte in Hong Kong China Metal Recycling (Holdings) Ltd (in liquidation) v Deloitte Touche Tohmatsu HCA/1517/2016; and is acting in Baker v Grant Thornton UK LLP (2019-Man-000034) which will go to trial in 2020.
In 2018 he acted in The Executive Counsel of the FRC v McBurnie; in Cayton’s Law v RSM Tenon (previously Baker Tilly) in the claim brought against it for breach of duty in giving expert accounting evidence); and Aramid Investments Limited v Grant Thornton in the claims in regard to the values of investments in film productions (all of which were ultimately settled). In recent years he has advised on FRC claims against Grant Thornton and RSM Tenon; and acted in Exsus Travel Ltd v Baker Tilly [2016] EWHC 2818 (Ch); and acted in the £1.6bn claim in Cattles Limited v PriceWaterhouseCoopers LLP which settled after opening submissions were filed in October 2015; in American Leisure Group v Grant Thornton (dismissed for failure to comply with interlocutory orders in April 2015) and in Festive Products v KPMG (settled in 2014). Earlier cases include Bethell Construction Ltd v Deloitte and Touche [2011] EWCA Civ 1321.
In South Africa Thomas acted regularly for the big four auditing firms in South Africa as both a junior and a silk. Significant South African cases included Axiam Holdings Ltd v Deloitte & Touche 2006 (1) SA 237 (SCA)(concerning auditors duties to third parties) and the leading case on auditor's contractual liability, ThoroughbredBreeders Association v Pricewaterhouse 2001(4) SA 551 (SCA). In addition he acted regularly in South Africa for the Independent Regulatory Board for Auditors and SA Institute of Chartered Accountants.
Recent insurance cases include Contact Print and Packaging Ltd v Travelers Insurance Company Limited [2018] EWHC 83 (TCC); and Brit Inns Ltd (In Liquidation) v BDW Trading Ltd 145 Con LR 181. Thomas regularly acted in insurance matters in South Africa. Reported judgments of insurance cases in which he acted include Van Zyl NO v Kiln Non-marine Syndicate No 510 2003 (2) SA 440 (SCA) and David Trust v Aegis Insurance Co Ltd 2000 (3) SA 289 (SCA).
Acting for the corporate defendants in the billion dollar fraud claims PSJC Commercial Bank Privatbank v Kolomoisky and others. Fraud cases in 2017 include the £130 million claim for damages for deceit, duress and intimidation in Holyoake v Candy [2017] EWHC 3397 (Ch); claims under forward ticket sale agreements subject to fraud defences in Ticketus LLP v Rangers Football Club (in liquidation); and claims for deceit and breach of contract on large scale solar power generation schemes in WHEB Solar v Sustain. His expertise in accounting matters (see Professional Negligence) is of particular value in fraud claims.
B Com (UCT, cum laude); LLB (Wits, cum laude); BCL (Oxon).
Graduated as top LLB student in his year; Awarded a Rhodes Scholarship for South Africa in 1990.
Afrikaans (spoken); Dutch and Flemish (read)
