"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."
A highly regarded South African silk who moved to London in 2010. His substantial advocacy experience quickly translated into a practice specialising in large commercial trials across a wide field, laying the basis for his appointment as a QC in 2016 after less than 6 years of London practice. Chambers and Partners describe him in 2018 as 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."
A highly regarded South African silk who moved to London in 2010. His substantial advocacy experience quickly translated into a practice specialising in large commercial trials across a wide field, laying the basis for his appointment as a QC in 2016 after less than 6 years of London practice. Chambers and Partners describe him in 2018 as 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."
He has an extensive commercial litigation practice and appeared in cases listed in The Lawyers’ 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. In 2017 he acted in amongst others Holyoake v Candy, with claims for conspiracy and duress of £130 million; in the investment management company dispute Signia Wealth v Dauriac, as well as a claim for an indemnity arising out of the catastrophic failure of an an industrial printing press in Contact Print and Packaging Ltd v Travelers Insurance Company Limited (on all of which judgments are awaited). He acts for Goldman Sachs in its dispute with Novo Banco over the effect of Portuguese resolution measures applied to a failed bank, which will be heard in the Supreme Court in 2018, and represents the erstwhile Financial Director of RSM Tenon Inc in proceedings brought by the FRC under the Accountancy Scheme. In 2016 he appeared in the Court of Appeal in Novo Banco v Goldman Sachs and acted for Baker Tilly in professional negligence claims brought by Exsus Travel, for some of the shareholders of Omega Group Limited in the trial of unfair prejudice claims brought against the company in the BVI, for Autonomy Corporation Limited in its actions to recover losses from erstwhile directors and others arising from Hewlett Packard's £8bn acquisition of Autonomy and for Ticketus LLP in its attempts to recover the losses suffered on the advance purchase of Rangers’ season tickets following the Club’s liquidation. His breadth of experience equips him to act 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
Recent cases include:
In South Africa he acted in many fields including:
He continues to advise English clients on South African law and acted as an expert witness in proceedings in Jersey in Investec Trust (Swizerland) S.A. v the Philip Gutman Family Trust and in South Africa as an expert witness on English law in arbitration proceedings relating the Qindao aluminium frauds.
He acts in substantial commercial trials across a wide compass.
In 2018 he acted for Goldman Sachs in the appeal to the Supreme Court from the Court of Appeal judgment in Goldman Sachs International v Novo Banco SA [2016] EWCA Civ 1092, in regard to jurisdiction its dispute with Novo Banco over the effect of Portuguese resolution measures applied to a failed bank, and is currently acting for the corporate defendants in the multibillion dollar fraud claims and freezing order disputes in PSJC Commercial Bank Privatbank v Kolomoisky with the main jurisdiction and discharge disputes listed for hearing in July (judgment in the asset disclosure disputes is at [2018] EWHC 482 (Ch)), and for the owner of the erstwhile Olympic stadium in its dispute with Westham Football Club (WH Holding Ltd v E20 Stadium LLP which goes to trial in the autumn
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 misselling 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: 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 liablity for the loss of valuable cargo consigned from South Africa to Europe.
For more than 10 years, Thomas was briefed in most of the big auditing cases for the big four auditing firms in South Africa as both a junior and a silk. Having a first degree in accountancy and economics, he is very well-versed in underlying accounting issues. After commencing practice in London he continued that specialisation. He is currently acting for RSM Tenon (previously Baker Tilly) in the claim brought against it for breach of duty in giving expert accounting evidence by Cayton’s law; and for Grant Thornton in the claims brought by the Aramid Distribution Trust in regard to the values of investments in film productions, and defended the erstwhile Finance Director of RSM Tenon in the FRC proceedings brought against him under the Accountancy Scheme. In recent years he has advised on FRC claims against Grant Thornton; and acted in Exsus Travel Ltd v Baker Tilly [2016] EWHC 2818 (Ch), 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.
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 coporate 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), claims associated with bankruptcy proceedings arising from a venture to exploit currency trading software in Carbone v Castelli; 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.
Signia Wealth v Vector Trustees Ltd [2018] EWHC 1040 (Ch)
PSJC Commercial Bank Privatbank v Kolomoisky [2018] EWHC 482 (Ch)
Contact Print and Packaging Ltd v Travelers Insurance Company Limited [2018] EWHC 83 (TCC)
Holyoake v Candy [2017] EWHC 3397
Holyoake v Candy [2016] EWHC 3065 (Ch);
Goldman Sachs International v Novo Banco SA [2016] EWCA Civ 1092
Exsus Travel Ltd v Baker Tilly [2016] EWHC 2818 (Ch)
CH Trustees v Omega Services Group Ltd (BVI HC 0037/2015)
GB Minerals Holdings Ltd v Short [2015] EWHC 1387 (TCC )
Sarclad Ltd v APT Technology [2014] EWHC 2640 (Ch)
QOGT Inc v IOGT Ltd [2014] EWHC 1628 (Comm)
Cavendish CF LLP v KIMS Propco Ltd [2013] EWHC 722 (Ch) and[2014] EWHC 1282 (Ch)
Deutsche Bank AG v Sebastian Holdings Inc [2014] EWCA Civ 1100
Deutsche Bank AG v Sebastian Holdings Inc [2013] EWHC 3463 (Comm)
Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund[2012] EWHC 1486 (Comm) and[2013] 1 All E.R. (Comm) 973
British Sky Broadcasting Limited and Othersv Office of Communications[2012] CAT 20
Brit Inns Ltd (In Liquidation) v BDW Trading Ltd 145 Con LR 181
Bethell Construction LimitedvDeloitte and Touche [2011] EWCA Civ 1321
Erlson Precision Holdings Ltd v Hampson Industries Plc[2011] EWHC 1137 (Comm)
Everton FootballClub CompanyLimited v Sail Group Limited[2011] EWHC 126 (QB)
L G Blower Specialist Bricklayer Ltd v Reeves and another [2010] 1 W.L.R. 2081 (CA)
Prebble v Costa [2010] EWCA Civ 717
B Com (UCT, cum laude); LLB (Wits, cum laude); BCL (Oxon). Graduated as top LLB student in his year and was awarded a Rhodes Scholarship for South Africa in 1990.
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