Thomas receives instructions in disputes arising out of breach of contract and has considerable experience concerning guarantees, the supply of goods and services, unfair terms in consumer contracts, misrepresentation and fraud. He also provides advice, drafts pleadings and argues at trial across a range of tortious disputes.

Thomas is also regularly asked to advice upon issues of civil procedure and has recently argued applications concerning, non-party costs orders, pre-action disclosure of commercially sensitive documents, cost sanctions and ADR, conflict of laws and litigation privilege.

Recent contractual cases have concerned

• Drafting commercial loan and security agreements
• Guarantees of commercial loans (defended on grounds of alleged misrepresentation and undue influence)
• Defending London auction house in claim for breach of contract
• Frustration of private sector education contracts
• Misrepresentation by solar water heating company
• Misrepresentation by timeshare company
• Fraudulent expenses claims by employee
• Breach of commercial contract to supply broadband internet
• Breach of commercial contract to supply secure Blackberry encryption software
• Applicability of choice of jurisdiction clause
• Non-payment of professional trustee fees
• Non-payment of recruitment agency fees
• Injunctive relief (restrictive covenants in contracts of employment)
• Rectification of declarations of trust

Recent tortious cases have concerned

• Harassment by large financial institution
• Professional negligence of overseas solicitor
• Malicious falsehood (defence to alleged repudiatory breach of commercial telecommunications agreement)
• Money laundering and the Proceeds of Crime Act 2002
• Conversion (towing of vehicle without authority)
• Accidents at work
• Road traffic accidents
• Legality of parking fines
• False imprisonment (claim by prisoners against Ministry of Justice)

Representative cases

• Megaprinter.co.uk v Baldreed Digitec Limited &or (QBD): hire of copying equipment; alleged breach of maintenance agreement; liability of finance company; application to strike out claim; quantification of damages

• HSBC Bank PLC v Ertan (Bromley County Court): guarantees given by company director and secured on property; chain of guarantees linking group collective net overdraft facility to guarantor; allegations of misrepresentation

• In re Smart Energy: numerous claims against solar water heating company; alleged misrepresentation concerning efficiency and monetary savings; liability in dispute; issues as to rescission and quantification of alleged loss

• Cairns v Capital One: alleged harassment by financial institution by sending of correspondence to third party who formerly resided at Claimant’s address; claim dismissed

• Santander Cards UK Ltd v Greaves and Momentum Networks Ltd (10 January 2011, Birmingham County Court): non-party costs order made against claims management company Credit Card Killer - control by claims management company of client's defence to debt claim - attempt to profit from litigation - application to adjourn due to concurrent criminal proceedings refused. Read more...

• O v B (parties confidential): failure of encryption software supplied for use with Blackberry mobile devices; loss of profit

• O v Z (parties confidential): provision of SDSL broadband services with inadequate access line speeds for secure video conferencing; loss of profit
  

With a commercial and consumer finance practice, Thomas recently gave a talk withdrawal from regulated agreements following the implementation of the Consumer Credit Directive.

As a barrister familiar with the intricacies of the Consumer Credit Act 1974 and its subsidiary regulations, Thomas receives regular instructions on behalf of banks and other large financial institutions.  He acts on behalf of lenders in claims arising out of asset finance agreements (predominently concerning vehicles, photocopiers and industrial equipment) and guarantees (often given by company directors) in which allegations of misrepresentation are raised.

Thomas regularly appears in the County Courts, settles statements of case and advises on both contentious and non-contentious matters.

Having built up a broad experience, Thomas is regularly instructed to strike-out or defend allegations of:

• Mis-selling of payment protection insurance (including breach of GISC, ICOB and ICOBS, unfair relationships and secret commission).  Recent PPI cases include Golbourne v Capital One; Richards v HSBC; Kwiatec v Capital One; Lewis v Ocean Money; Wilson v Capital One; Dinnie v Capital One (see below)

• Unfair terms in consumer contracts / penalty clauses

• Misrepresentation by timeshare companies

• Improper execution of credit agreements

• Non-compliance with section 78 requests

• Various claims brought against creditors under section 75 of the Consumer Credit Act 1974

Thomas also regularly resists applications for pre-action disclosure of commercially sensitive documents and has been successful in applying for enforcement orders in cases of improper execution.

He has dealt with several matters arising out of the attempt by consumers to “assign” their liabilities to “debt-purchase” firms. Of note, he recently secured a third-party costs order against one such organisation – Momentum Networks Ltd (t/a Credit Card Killer) – having resisted their application to adjourn due to concurrent criminal proceedings.

A recent appeal case which Thomas argued concerned the application of section 90 of the Consumer Credit Act (protected goods) where a vehicle taken under hire purchase was in the custody of HMRC.

Recently, Thomas defended a financial institution against a claim of harassment alleged to have been caused by correspondence.

Recent cases

• Golbourne v Capital One (Europe) PLC: broad allegations concerning alleged unfair relationship; after 40 minutes of cross-examining the Claimant, the claim was discontinued

• FGA Capital v Hipwood: meaning of "possession" in section 90 Consumer Credit Act 1974; vehicle seized by HMRC but hiree attempting to recover; whether vehicle was in hiree's possession

• Honda Finance Europe Limited v Erivona: voluntary termination of hire purchase agreement; duty of hirer to return vehicle; definition of “control”; effect of injunction preventing hirer from accessing vehicle

• Santander Cards UK Ltd v Greaves and Momentum Networks Ltd: non-party costs order made against claims management company Credit Card Killer; control by claims management company of client's defence to debt claim; attempt to profit from litigation; application to adjourn due to concurrent criminal proceedings refused. Read more...

In addition to his contentious work, Thomas receives regular instructions to advise a number of City institutions on non-contentious matters which have recently included the following:

• Drafting regulated conditional sale agreement and pre-contract information;

• Licensing under the Part I of the Consumer Credit Act 1974;

• Extra-territorial effect of the consumer protection provisions of the CCA;

• The effect of the Consumer Credit Directive on the high net worth exemption (section 16A);

• The rules on withdrawal from regulated agreements (section 66A);

• The definition of credit (section 9); and

• Reviewing specific terms of regulated agreements and advising of compliance with the Consumer Credit (Agreements) Regulations 1983.

He has also over the last year drafted non-regulated commercial loan agreements as well as security agreements.

Thomas’ practise encompasses commercial disputes arising out of IT contracts.  He has recently advised and drafted pleadings in two cases of interest:

• O v B (parties confidential): failure of encryption software supplied for use with Blackberry mobile devices; loss of profit
• O v Z (parties confidential): provision of SDSL broadband services with inadequate access line speeds for secure video conferencing; loss of profit

Thomas regularly advises businesses and local authorities on disputed issues of liability to pay non-domestic rates.

Recent cases

• Mr Sam Dias v London Borough of Havering [2011] EWHC 172 (Ch): Thomas succeeded at first instance and on appeal in arguing that the debtor was liable for non-domestic rates (and that the Court could not in any event consider that liability)

• Preview v London Borough of Hounslow: application to set aside liability order for non-domestic rates successful four years after being made

Thomas regularly appears in both the Companies Court and in the County Courts at the setting aside, petitioning and annulment stages.  He regularly advises financial institutions on a broad range of insolvency issues.

Recent cases

• Mr Sam Dias v London Borough of Havering [2011] EWHC 172 (Ch): Thomas represented the London Borough of Havering (at first instance and on appeal to the High Court) and successfully argued that the scope of the Court in Bankruptcy’s jurisdiction to go behind liability orders made in the Magistrates’ Court was limited to the usual exceptions of fraud, collusion or a miscarriage of justice

• In re William Cole (ChD): advised and drafted pleadings in appeal to the High Court (hearing pending): a debtor made an offer of payment at Court which was refused, following which the petition was dismissed; the appeal concerns the definition of "unreasonableness" in IA s271(3)

• In re Michael Cooper: Thomas advised an asset finance company on amending its proof of debt pursuant to IR r6.116 following the inadvertent failure to give particulars of security.  Having drafted the application, the relief sought was granted

• In re Henley Interiors Limited (in liquidation): advised on the application of the rule against double proof.  The liquidators sought repayment of a director’s loan but the director sought to offset against any such liability the indemnity owed to her by the company in respect of a guarantee she had given to a third party creditor (which liability she denied and had not satisfied)

• In re Ali: advised mortgagee on the scope of IA s339 and s342, the power of the Court to set aside transactions at an undervalue and, in particular, the protection afforded to third parties acting in good faith

Thomas has provided opinions for insurers in the following product liability matters:

• Factory fire caused by defective gas burner
  
• Car fire caused by defective wiring
  
• The regulatory framework concerning product recall

Thomas has experience of drafting Defence Case Statements (notably in the case of a fatal construction incident) and has assisted in the preparation of Defences to a number of health and safety prosecutions.  He co-authored the article “The Health and Safety (Offences) Act 2008 – A Guide to the New Act”.

Of recent note, Thomas has advised on disputes arising out of waste drainage issues across neighbouring residential land and breach of NHBC warranties.  He has appeared on behalf of several claimants in both residential and commercial construction disputes, including in the Technology and Construction Court, and has drafted pleadings in case concerning reconstruction of shared services following flood damage.

Thomas regularly appears in the County Courts in contested actions for possession, and in matters arising out of compliance with Tenancy Deposit Schemes. He also appears before the Leasehold Valuation Tribunal in service charge disputes.

Recent cases

• Rajval Construction Limited v Bestville Properties Limited (Technology and Construction Court): long-running construction dispute; service of particulars of claim; judgment in default set-aside

• Latif v Judge and others: claim for non-payment of arrears by student tenants and damages for loss of future rent.  Defended on basis that loss of future rent is irrecoverable post repossession by landlord; arrears off-set by claim for restitution of payment made in respect of property during non-occupation over summer vacation

• LKB Investments Ltd v Valley Consolidated Ltd: efficacy of s146 notice; whether judgment in default in respect of service charges constituted a "final determination" within the meaning of s81 of the HA 1988.

Court of Appeal and High Court

• Mr Sam Dias v London Borough of Havering [2011] EWHC 172 (Ch): bankruptcy - non-domestic rates - local government finance - jurisdiction of the Court to look behind orders - whether Magistrates' liability orders for rates are orders for the purposes of the rule in ex parte Kibble - definition of order for appellate jurisdiction (Re Mathew).  Read more...

• In re William Cole (ChD): advised and drafted pleadings in appeal to the High Court (hearing pending): a debtor made an offer of payment at Court which was refused, following which the petition was dismissed; the appeal concerns the definition of "unreasonableness" in IA s271(3)

• Rajval Construction Limited v Bestville Properties Limited (Technology and Construction Court): long-running construction dispute; service of particulars of claim; judgment in default set-aside

• Megaprinter.co.uk v Baldreed Digitec Limited &or (QBD): hire of copying equipment; alleged breach of maintenance agreement; liability of finance company; application to strike out claim; quantification of damages

County Courts

• HSBC Bank PLC v Ertan (Bromley County Court): guarantees given by company director and secured on property; chain of guarantees linking group collective net overdraft facility to guarantor; allegations of misrepresentation

• In re Smart Energy: numerous claims against solar water heating company; alleged misrepresentation concerning efficiency and monetary savings; liability in dispute; issues as to rescission and quantification of alleged loss

• Golbourne v Capital One (Europe) PLC (Cambridge County Court): broad allegations concerning alleged unfair relationship; after 40 minutes of cross-examining the Claimant, the claim was discontinued

• Preview v London Borough of Hounslow (Brentford Magistrates' Court): application to set aside liability order for non-domestic rates successful four years after being made

• FGA Capital v Hipwood (Brentford County Court): meaning of "possession" in section 90 of the Consumer Credit Act 1974; vehicle seized by HMRC but hirer attempting to recover; whether vehicle was in hirer's possession for purposes of the Act

• Honda Finance Europe Limited v Erivona (Uxbridge County Court): voluntary termination of hire purchase agreement; duty of hirer to return vehicle; definition of “control”; effect of injunction preventing hirer from accessing vehicle

• Latif v Judge and others (Mayor's and City of London Court): claim for non-payment of arrears by student tenants and damages for loss of future rent.  Defended on basis that loss of future rent is irrecoverable post repossession by landlord; arrears off-set by claim for restitution of payment made in respect of property during non-occupation over summer vacation

• Santander Cards UK Ltd v Greaves and Momentum Networks Ltd (10 January 2011, Birmingham County Court): non-party costs order made against claims management company Credit Card Killer - control by claims management company of client's defence to debt claim - attempt to profit from litigation - application to adjourn due to concurrent criminal proceedings refused.  Read more...

• O v B (parties confidential): failure of encryption software supplied for use with Blackberry mobile devices; loss of profit

• O v Z (parties confidential): provision of SDSL broadband services with inadequate access line speeds for secure video conferencing; loss of profit