Brick Court Chambers

Tom Foxton

Tom Foxton

YEAR OF CALL: 2019

  • .(JavaScript must be enabled to view this email address) a
  • View Clerking Team
  • PDF/PRINTc
  • Add To Shortlisth

Tom joined chambers in September 2020, following the successful completion of his pupillage. He is developing a broad practice covering all aspects of commercial litigation and international arbitration. 

Tom accepts instructions in all areas of chambers’ commercial work, including (i) banking and finance litigation; (ii) civil fraud; (iii) competition damages claims; (iv) energy and natural resources disputes; (v) insurance and reinsurance; (vi) international arbitration and related court applications; and (vii) professional negligence.

Tom joined chambers in September 2020, following the successful completion of his pupillage. He is developing a broad practice covering all aspects of commercial litigation and international arbitration. 

Tom accepts instructions in all areas of chambers’ commercial work, including (i) banking and finance litigation; (ii) civil fraud; (iii) competition damages claims; (iv) energy and natural resources disputes; (v) insurance and reinsurance; (vi) international arbitration and related court applications; and (vii) professional negligence.

Current and recent instructions include:

  • PJSC Tatneft v Bogolyubov & Others — advising a Ukranian oligarch on the defence of a $300m fraud claim brought by one of Russia’s largest oil companies (led by Mark Howard QC, Ruth den Besten and Tom Ford).
  • Republic of Mozambique v Credit Suisse International & Others — acting for the 6th to 10th Defendants in a $2 billion claim by Mozambique to have loan guarantees declared void on the ground that they were procured through bribery (with Ben Woolgar and Frederick Wilmot-Smith).
  • A $400m+ LCIA arbitration for a multinational pharmaceutical company (led by Nicholas Saunders QC).
  • The Trucks cartel litigation — acting for a number of claimants in substantial follow-on damages claims arising out of the Europe-wide trucks cartel (led by Marie Demetriou QC, Tristan Jones and Tim Johnston).
  • Inquest into the deaths of Chloe and Jake Ford — acting pro bono for the father of two deceased children in a high-profile inquest into their deaths (unled at the pre-inquest review hearing).

Before coming to the Bar, Tom taught contract and tort law at UCL. 

READ MORE M
Expand All
  • Commercial M

    Tom accepts instructions in all areas of commercial law. In addition to the cases listed in the specialist areas below, Tom’s recent general commercial work includes:

    • Celgard v Shenzhen Senior Technology Material Co — a successful application on behalf of a US lithium-ion battery manufacturer against a Chinese competitor for an interim injunction to restrain an alleged breach of confidence/misuse of trade secrets and permission to serve out of the jurisdiction (assisted Nicholas Saunders QC and Max Schaefer as a pupil).
    • Advising a charity on a £100m+ contractual dispute concerning the proceeds of a licence granted in respect of a patented medical treatment (assisted Nicholas Saunders QC as a pupil).
    • Advising a major retailer in relation to a claim arising from the alleged exercise of a contractual discretion in breach of the Braganza duty (assisted Fionn Pilbrow QC and Joanne Box as a pupil).
    • Advising on a proposed claim to recover funds held in escrow following the conclusion of a share purchase agreement (assisted Fionn Pilbrow QC and Kyle Lawson as a pupil).
    • Advising on a proposed claim arising out of an aircraft finance lease, involving alleged breaches of statutory implied terms and issues of French law (assisted Fionn Pilbrow QC and Jonathan Scott as a pupil).
  • Arbitration M

    Tom accepts instructions in all types of arbitral proceedings and has a particular interest in arbitration related court applications. He has worked on arbitrations conducted under the LCIA and ICC arbitration rules and is familiar with the other leading sets of institutional rules (including those of the SIAC, HKIAC, AIAC/KLRCA, SCAI, SCC, VIAC, and JCAA).

    Current and recent arbitrations include:

    • A $400m+ LCIA arbitration for a multinational pharmaceutical company (led by Nicholas Saunders QC).
    • An ICC arbitration for a major European bank, defending claims in respect of alleged breaches of fiduciary and other equitable duties arising from the conclusion of a loan agreement to fund energy projects in a Central European state (assisted Fionn Pilbrow QC as a pupil).
    • A multi-billion-dollar ICC arbitration concerning the licensing of technology used in smart phones (assisted Nicholas Saunders QC as a pupil).
    • A shipping arbitration involving a claim for the breach of the duty of due despatch and the election of a shipowner to tranship cargo (assisted Fionn Pilbrow QC as a pupil).
  • Banking and finance M

    Tom has a particular interest in banking and financial services disputes. He is familiar with the full range of claims arising under the ISDA Master Agreement, and has experience of jurisdiction challenges founded on choice of court and arbitration clauses in financial instruments. 

    Current and recent work includes:

    • Republic of Mozambique v Credit Suisse International & Others — acting for the 6th to 10th Defendants in a $2 billion claim by Mozambique to have loan guarantees declared void on the ground that they were procured through bribery (with Ben Woolgar and Frederick Wilmot-Smith).
    • Old Mutual International v Leonteq Securities — Advising a structured products arranger on the defence of a £200m mis-selling claim (assisted Tony Singla as a pupil).
    • An ICC arbitration for a major European bank, defending claims in respect of alleged breaches of fiduciary and other equitable duties arising from the conclusion of a loan agreement to fund energy projects in a Central European state (assisted Fionn Pilbrow QC as a pupil).
    • Advising a well-known commercial bank on the rescission of a letter of credit procured by fraud (assisted Richard Lord QC as a pupil).
  • Civil fraud M

    Tom has worked on number of cases involving allegations of fraud, including claims in deceit, conspiracy, knowing receipt, dishonest assistance, proprietary claims, and unjust enrichment. He has a particular interest in the law of tracing and equitable remedies, having studied Advanced Property and Trusts on the BCL (in which he won the subject prize).

    Current and recent work includes:

    • PJSC Tatneft v Bogolyubov & Others — advising a Ukranian oligarch on the defence of a $300m fraud claim in respect of an alleged scheme to siphon money out of a series of Russian and Ukranian oil companies (assisting Mark Howard QC, Ruth den Besten, and Tom Ford).
    • Republic of Mozambique v Credit Suisse International & Others — acting for the 6th to 10th Defendants in a $2 billion claim by Mozambique to have loan guarantees declared void on the ground that they were procured through bribery (with Ben Woolgar and Frederick Wilmot-Smith).
    • Federal Republic of Nigeria v Royal Dutch Shell & Others — advising the corporate vehicle of a Nigerian entrepreneur on the defence of a $1.1bn fraud claim in respect of an alleged scheme to procure the award of oil rights through the payment of bribes (assisted Fionn Pilbrow QC and Ed Harrison as a pupil).
    • Advising a pharmaceuticals manufacturer on a proposed claim against a generics wholesaler in deceit and unjust enrichment (assisted Fionn Pilbrow QC and Joanne Box as a pupil).
  • Competition M

    Tom accepts instructions in competition disputes as an extension of his commercial litigation practice, with a corresponding focus on follow-on and stand-alone damages claims. He is currently acting for a number of claimants in substantial follow-on damages claims arising out of the Trucks cartel (led by Marie Demetriou QC, Tristan Jones and Tim Johnston).

  • Energy and natural resources M

    Current and recent work includes:

    • PJSC Tatneft v Bogolyubov & Others — advising a Ukranian oligarch on the defence of a $300m claim brought by one of Russia’s largest oil companies (led by Mark Howard QC, Ruth den Besten and Tom Ford).
    • Federal Republic of Nigeria v Royal Dutch Shell & Others — advising the corporate vehicle of a Nigerian entrepreneur on the defence of a $1.1bn claim relating to the award of certain Nigerian oil rights (assisted Fionn Pilbrow QC and Ed Harrison as a pupil).
    • Blue Power Group v Eni Norge SA — advising on the defence of a claim in respect of alleged breaches of exclusivity, best endeavours and confidentiality obligations relating to a liquified natural gas transportation project (assisted Fionn Pilbrow QC and Richard Eschwege as a pupil).
    • Apache North Sea v Euroil Exploration — a claim in the Commercial Court concerning the proper construction of a farmout agreement and associated joint operating agreement relating to the sale of a UK continental shelf licence (assisted Alex Haydon QC as a pupil).
    • Minera Las Bambas v Glencore Queensland — a claim in the Commercial Court seeking the payment of sums alleged to be due under tax indemnities following the sale of a copper mine in Peru (assisted Fionn Pilbrow QC and Charlotte Thomas as a pupil).
  • Education & qualifications M

    Qualifications

    • 2018-2019: City University, Bar Professional Training Course (Outstanding)
    • 2017-2018: University of Oxford, Bachelor of Civil Law (Distinction) (Advanced Property and Trusts; Commercial Remedies; Conflict of Laws; Restitution of Unjust Enrichment)
    • 2014-2017: University of Oxford, BA Jurisprudence (First Class)

     

    Prizes

    • 2018: Prince of Wales Scholarship (Gray’s Inn)
    • 2018: BCL Prize for Advanced Property and Trusts (Oxford Law Faculty)
    • 2017: Book Prize for Finals (St Peter’s College, Oxford)
    • 2015 & 2016: Michael Latner Prize for Law (St Peter’s College, Oxford)

     

    Advocacy

    • 2018: Winner, Oxford Shearman & Sterling Moot
    • 2017: Runner-up, Oxford 7KBW Commercial Law Moot
    • 2016: Winner, Oxford Herbert Smith Freehills Disability Law Moot
    • 2016: Winner, Oxford Legal Assistance Public Law Moot
    • 2016: Jessup Moot Team, University of Oxford

     

    Other

    • 2018-2019: Teaching Fellow, UCL Faculty of Laws
  • Publications M

    ‘Second Degree Byrne’ [2019] 78 Cambridge Law Journal 18

    ‘Inaccurate Conception: ACB v Thomson Medical’ (2018) 81 Modern Law Review 337

    ‘Damages in Lieu of Rescission: Salt v Stratstone’ (2016) Lloyd’s Maritime & Commercial Law Quarterly 489