Thomas Samuels
"A very talented barrister and a gifted advocate who adopts a great technical approach to his cases"
Chambers UK 2026
- Call
- 2009
Thomas’s practice covers a range of common law, commercial and regulatory matters. He is particularly known for his expertise in consumer and financial services issues (both contentious and non-contentious). He has been described as an ‘expert’ in defending consumer credit matters, known for acting in ‘the more complex consumer finance cases’ by the legal directories, in which he is ranked as a leading practitioner in the areas of Consumer Finance (Band 1), Financial Services Regulation (Band 2), Banking & Finance (Band 3) and Consumer (Band 3). The 2026 editions report him as being ‘formidable in court’, ‘bright, pragmatic and commercial’ and ‘exceptionally easy to deal with.’
Thomas’s clients include lenders, insurers, pensions providers, IFAs, retailers, charities, regulators and high net-worth individuals. He has a pragmatic and down-to-earth approach, and is always happy to provide an early strategic view at the outset of litigation. He is often engaged in cases involving particularly sensitive commercial or personal issues.
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Expertise
Financial Services
Thomas is the author of Consumer Credit Law and Regulation (1st ed), a co-author of Mis-Selling Financial Services (2nd ed) and a contributor to the Encyclopedia of Banking Law.
He is regularly instructed in private and public law claims concerning the FCA authorisation regime, Financial Services and Markets Act 2000 and FCA Handbook, Regulated Activities Order, Consumer Credit Act 1974 and the GDPR. Clients include lenders, insurers, pensions providers, fintech start-ups, IFAs and charities.
Thomas is often engaged – both alone and as part of a wider counsel team – to provide specialist advice and input in matters of particular legal and commercial significance.
Much of Thomas’s work in this area is confidential. However, representative instructions include:
- Acting on behalf of a bank facing significant allegations of breach of mandate
- Advising on consumer credit and related issues in significant (£1bn+) securisation transactions
- Acting in Upper Tribunal proceedings in a challenge to a FCA validation order under s. 28A FSMA
- Advising on the fairness/compliance of consumer insurance contract terms
- Advising on the application of the Financial Promotions Order to AI-generated online advertising
- Advising on application of art 40 RAO (‘safeguarding and administration of assets’)
- Acting for a SPV in litigation concerning the exemption at para 55(2) of Schedule to the Exemptions Order
- Acting in judicial review claims against FOS
- Acting for a HCST lender in FCA enforcement proceedings
- Acting and advising in relation to the regulation and purchase of cryptoassetsAdvising on s. 235 FSMA (‘collective investment schemes’)
- Acting for a policy-holder under an income protection policy in litigation alleging insurer’s breach of ICOBS 8.1.1R
- Acting in private lending claims concerning breaches of the ‘general prohibition’ and unfair relationships Acting for a litigation funder in CCA enforcement proceedings against a high net-worth borrower with capacity issues
Representative cases
grid list-
Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB)
Strike out of abusive and hopeless claims seeking damages in relation to regulated mortgage contracts
-
Creditfix Ltd v Google Ireland Ltd [2022]
Application for quia timet injunction to prevent introduction of defendant’s new policy for advertising of financial services products and services (led by Conall Patton KC)
-
R (Portal Financial Services LLP) v Financial Ombudsman Service Limited [2022] EWHC 710 (Admin)
Application to judicially review 27 decisions of the Financial Ombudsman Service concerning an adviser’s ability to restrict scope of pension transfer advice
-
Avison v White [2022] EWHC 361 (Comm)
private money lending dispute raising allegations of promissory estoppel, contractual interpretation and penalties
-
R (Chadwin & Ors) v Financial Services Compensation Scheme Ltd [2021] EWHC 2325 (Admin)
Judicial Review against FSCS concerning meaning of COBS 10.4.1R (duty to assess ‘appropriateness’)
-
Jackson v Ayles & Ors [2021] EWHC 995 (Ch)
application by trustee-in-bankruptcy for declarations of unenforceability in respect of two legal charges considering key provisions at ss. 22, 26 and 28(5) FSMA
-
Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch)
enforcement claim in relation to secured commercial overdraft agreements; leading decision on burden of proof in unfair relationships
-
R (Berkeley Burke SIPP Administration Ltd) v Financial Ombudsman Service Ltd [2018] EWHC 2878 (Admin)
judicial review against FOS concerning scope and meaning of Principles 2 and 6 (led by Jonathan Kirk KC)
-
Arif & Ors v Berkeley Burke SIPP Administration Ltd [2017] EWHC 3108 (Comm)
group litigation against pension administrator alleging widespread investment mis-selling by unregulated advisors (led by Jonathan Kirk KC)
-
Berkeley Burke SIPP Administration Ltd v Charlton & Anr [2017] EWHC 2396 (Comm)
leading decision considering whether an agreement with FOS to redetermine a complaint constituted an ‘arbitration agreement’ under Arbitration Act 1996 (led by Jonathan Kirk KC)
-
Swift Advances plc v Okokenu [2015] CTLC 305
mortgage possession claim considering the extent to which borrower’s dishonesty impacted on unfair relationship allegations
Consumer
Thomas is regularly instructed to advise and litigate across a range of consumer law issues. Clients include national and international retailers and financial institutions, as well as individuals. He is the author of Consumer Credit Law and Regulation (1st ed), a co-author of Mis-Selling Financial Services (2nd ed) and an editor of the ‘Consumer’ section of the White Book.
Thomas has been involved in all of the major ‘mis-selling’ scandals of the past decade including PPI, green energy, timeshares and SIPPs. He is also regularly instructed on disputes concerning: sale of goods; unfair relationship and technical CCA issues; complex debt and mortgage recoveries; unfair commercial practices; penalties; and unfair terms.
Representative instructions include:
- Acting for a number of lenders in motor finance commission claims (including on appeal)
- Advising on the fairness/compliance of consumer insurance contract terms
- Acting for a number of lenders in PPI ‘top-up’ litigation following Plevin
- Acting for a lender and supplier on a large volume of claims alleging mis-selling of renewable energy products
- Acting for a retail lender on a number of claims alleging mis-selling of timeshare products
- Advising on the fairness of terms in airline and train contracts
- Acting for a consumer in a sale of goods dispute relating to the design and installation of a kitchen
- Acting on behalf of a consumer in relation to the purchase of cryptoassets (NFTs) via a US-based auction platform
- Acting for a lender in enforcement proceedings against deceased borrower’s estate under a regulated hire-purchase agreement and related contempt proceedings
- Acting for a bank in High Court injunctive proceedings against a customer following threats to branch staff
- Acting for a HCST lender in relation to enforcement proceedings threatened by the FCA
Representative cases
grid list-
Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB)
Strike out of abusive and hopeless claims by consumers seeking damages in relation to regulated mortgage contracts
-
Avison v White [2022] EWHC 361 (Comm)
private money lending dispute raising allegations of promissory estoppel, contractual interpretation and penalties
-
Competition & Markets Authority v Bijou Weddings [2020]
widely-publicised enforcement proceedings by the CMA against a wedding services provider arising out of Covid-19 lockdown considering issues of frustration and unfair terms
-
R (Ogunkoya) v Office of the Independent Adjudicator [2018] EWCA Civ 419
application to judicially review decision removing claimant from her PhD programme
-
R (Berkeley Burke SIPP Administration Ltd) v Financial Ombudsman Service Ltd [2018] EWHC 2878 (Admin)
judicial review against FOS concerning scope and meaning of Principles 2 and 6 (led by Jonathan Kirk KC)
-
Arif & Ors v Berkeley Burke SIPP Administration Ltd [2017] EWHC 3108 (Comm)
group litigation against pension administrator alleging widespread investment mis-selling by unregulated advisors (led by Jonathan Kirk KC)
-
Beavis v ParkingEye Ltd [2016] AC 1173
leading Supreme Court decision on the common law of penalties and unfair terms in consumer contracts
-
Swift Advances plc v Okokenu [2015] CTLC 305
mortgage possession claim considering the extent to which borrower’s dishonesty impacted on unfair relationship allegations
-
Parker v Black Horse Ltd & Anr [2011] GCCR 11101
decision concerning creditor’s right to recover small claims track costs from supplier under s. 75(2) CCA
Commercial
Thomas accepts instructions across a range of commercial law issues. Relevant experience includes:
- contractual disputes (including penalties and unfair terms)
- breach of mandate claims
- bribery/fiduciary claims
- conspiracy
- breach of confidence
- unjust enrichment
- sale of goods
- conversion
- guarantees/indemnities
- applications under Cross Border Merger Regulations 2007
- insolvency
- partnership
- IT/technology claims
- interim relief (including applications for injunctions and security for costs)
- proceedings under the Arbitration Act 1996
Representative cases
grid list-
Your Lawyers Ltd v Capital Interchange Ltd & Anr [2024] EWHC 287 (Ch)
Application for reverse summary judgment/strike out of claims for breach of confidence, unlawful means conspiracy and/or unjust enrichment (currently subject to appeal) (led by Henry Warwick KC)
-
Avison v White [2022] EWHC 361 (Comm)
private money lending dispute raising allegations of promissory estoppel, contractual interpretation and penalties
-
Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch)
enforcement claim in relation to secured commercial overdraft agreements; leading decision on burden of proof in unfair relationships
-
Arif & Ors v Berkeley Burke SIPP Administration Ltd [2017] EWHC 3108 (Comm)
group litigation against pension administrator alleging widespread investment mis-selling by unregulated advisors (led by Jonathan Kirk KC)
-
Berkeley Burke SIPP Administration Ltd v Charlton & Anr [2017] EWHC 2396 (Comm)
leading decision considering whether an agreement with FOS to redetermine a complaint constituted an ‘arbitration agreement’ under Arbitration Act 1996 (led by Jonathan Kirk KC)
-
Beavis v Parking Eye Ltd [2016] AC 1173
leading Supreme Court decision on the common law of penalties and unfair terms in consumer contracts (led by Jonathan Kirk KC)
-
Hedley’s Humpers Ltd v HMRC [2013] UKFTT 684 (TC)
application for HMRC to carry out a review out of time of a decision of UK Border Force following failure to obtain a valid CITES permit.
Public Law and Judicial Review
Thomas is regularly instructed on behalf of both claimants and defendants in public law claims, often involving a financial or consumer issue.
He appreciates that for commercial clients in particular, judicial review can be an unfamiliar jurisdiction. He is therefore always happy to provide early advice on the merits of any potential challenge, as well as on matters of procedure and strategy.
Representative cases
grid list-
R (Portal Financial Services LLP) v Financial Ombudsman Service Limited [2022] EWHC 710 (Admin)
Application to judicially review 27 decisions of the Financial Ombudsman Service concerning an adviser’s ability to restrict scope of pension transfer advice
-
R (Chadwin & Ors) v Financial Services Compensation Scheme Ltd [2021] EWHC 2325 (Admin)
judicial review against FSCS concerning meaning of COBS 10.4.1R (duty to assess ‘appropriateness’) and s.31(2A) of Senior Courts Act 1981
-
R (Ogunkoya) v Office of the Independent Adjudicator [2018] EWCA Civ 419
application for judicial review decision removing claimant from her PhD programme
-
R (Berkeley Burke SIPP Administration Ltd) v Financial Ombudsman Service Ltd [2018] EWHC 2878 (Admin)
judicial review against FOS concerning scope and meaning of Principles 2 and 6 (led by Jonathan Kirk KC)
Group Litigation
In conjunction with his financial services and consumer expertise, Thomas has significant experience of collective case management issues (group litigation orders, omnibus claims, etc) arising in connect with large-scale ‘mis-selling’ issues across a range of products from pensions to solar panels. He is able to assist with the often complex procedural issues which arise in group litigation concerning disclosure, expert evidence and selection of test claims. He has been described as ‘very good on strategy in group litigation situations’ (Chambers & Partners, 2025).
Representative cases
grid list-
Re Payment Protection Insurance
Instructed on behalf of a non-respondent defendant in the proposed ‘Abernethy’ group action alleging historic mis-sale of PPI
-
Arif & Ors v Berkeley Burke SIPP Administration Ltd [2017] EWHC 3108 (Comm)
group litigation against pension administrator alleging widespread investment mis-selling by unregulated advisors (led by Jonathan Kirk KC)
What the directories say
"Thomas Samuels is an experienced junior who regularly advises on consumer finance cases. He has experience of appearing in the Supreme Court and is the lead author of "Consumer Credit Law and Regulation", a textbook on the Consumer Credit Act 1974."
Chambers UK 2026
"Thomas Samuels has a thriving regulatory and consumer law practice and is known for his expertise in financial services, unfair terms and sale of goods matters. He acts for large corporates and individuals, as well as third-sector clients."
Chambers UK 2026
"Thomas is very bright and exceptionally easy to deal with."
Chambers UK 2026
"Bright, pragmatic, and commercial."
Legal 500 2026
"He is formidable in court and very well prepared. He always develops a good rapport with the judge."
Legal 500 2026
News and articles
Chambers UK 2026 – Top Band Rankings for...
Legal 500 2026 Guide – Top Tier Rankings for...
Thomas Samuels appointed as Deputy District Judge
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- Deputy District Judge (2025)
- Author of “Consumer Credit Law and Regulation”
- Author of “Mis-Selling Financial Services”
- Contributor to “Encyclopedia of Banking Law”
- Author of “The Financial Ombudsman Service: a matter of principle” [2020] 170 NLJ 13
- Author of “Are loans involving family members, friends or trusts caught by the consumer credit regime?” (PLC maintained practice note)
- Financial Services Lawyers Association
- Advocate
- M.A. (Jurisprudence), Oxon (2004-07)
- Hardwicke Entrance Award, Lincoln’s Inn (2008)
- Denning Scholarship, Lincoln’s Inn (2008)
All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.
For more information about the way barristers at Henderson Chambers work, including our fee transparency statement and our complaints process, please click here.
Bar Council Number: 55565
VAT Registration Number: 101371569
Legal Status: Barrister
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Regulated by the Bar Standards Board.
