Thomas Grant KC

Commercial disputes

Recent work includes:

• Acted in multiple proceedings in litigation brought by David Rowland against Kevin Stanford, including Norwich Pharmacal application and later contempt application: Rowland v Stanford [2021] EWHC (Ch) 1713; [2021] EWHC 988 (Ch); [2022] EWHC 1436 (Ch); [2022] EWHC 2135 (Ch); [2022] EWHC 2490 (Ch).
• Currently instructed in £6million warranty claim arising from sale of engineering company.
• Recently instructed in $60m claim for breach of fiduciary duty, negligence and dishonest assistance arising out of management of an investment fund in Cayman Islands: Port Fund v Walkers.
• Advising claimants in potential group litigation relating to secret commissions being paid to agents in a particular sector.
• Currently acting in a HKIAC arbitration relating to ownership of certain shareholdings in US listed company; claim worth approximately $200m.
• Appeared in an ICC arbitration arising out of a claim to indemnity in respect of alleged borrower defaults in Hong Kong receivables financing facilities.
• X v Y – very substantial Hong Kong arbitration, ongoing.
• Mars Capital Ltd v Hussain [2021] EWHC2416 (Ch) – trial of action concerning validity of assignment of mortgage portfolio; Cypriot banking issues.
• Digby v Melford Capital Partners [2021] 1 WLR 1553 (CA) – examining what is the proper costs order to make when an interim injunction application succeeds.
• Stokoe Partnership Solicitors v Robinson [2020] EWHC 3312 (QB) – Norwich Pharmacal orders; cross-examination on affidavits; private investigators.
• UK College of Business and Computer Ltd v Bath Spa University [2021] EWHC 2157 (Comm) – interim injunction; force majeure; estoppel.
• Mousavi-Khalkali v Abrischamchi [2020] EWCA Civ 1493 – forum conveniens, risk of injustice in foreign forum.
• Christoforou v Christoforou & Anor [2020] EWHC 1196 (Ch) – order limiting cross-examination at trial; similar fact evidence.
• HML PM Ltd v Canary Riverside Estate Management Ltd & Anor [2019] EWHC 3496 (QB) – breach of confidence and standing to bring claim; interim injunctions; striking out.
• Addlesee v Dentons Europe LLP [2019] 3 WLR 1255 – whether legal professional privilege still persists after dissolution of a company).
• Gwinnutt v George [2019] Ch 471 (CA) – a decision which has attracted considerable attention concerning the question of whether barristers’ expectation of fees is “property” within the meaning of the Insolvency Act.
• Galazi v Christoforou [2019] EWHC 670 (Ch) – the leading decision on what constitutes a partial discontinuance of claims for the purpose of CPR Part 38, indemnity costs.
• Re Dores, 8 February 2019, BVI Commercial Court, fortification of cross-undertaking in damages.
• Cunico Resources v Daskalakis [2019] 1 WLR 2881; [2019] EWHC 57 (Comm); [2019] EWHC 345 (Comm) – multi-jurisdictional dispute, Lugano Convention; leading decision on default judgment.
• Company 1 v Company 2 [2018] 1 Lloyds Rep 115 – Arbitration Act, freezing orders, jurisdiction of the English court to make orders under section 44 in relation to foreign arbitrations.
• Galazi v Christroforou [2017] EWHC 2042 (Ch) – capacity to act/indemnity costs.
• J Toomey Motors Ltd v Chevrolet [2017] EWHC 276 (Comm) – claims by car dealerships for alleged repudiatory breach of distribution agreements: 5 day trial.
• Agents’ Mutual v Moginie James [2016] EWHC 3384 (Ch) and [2016] EWHC B34 (Ch) – misrepresentation, disclaimers, property portals.
• Thomas appeared in the Court of Appeal in Aeroflot v Berezovsky [2014] EWCA Civ 20 (enforcement of foreign judgments), In Re the Estate of Platon Elenin (Aka Boris Berezovsky) [2014] CA (confidential information).
• Appeared at trial for defendant in Everton Football Club v Sail Group [2011] EWHC 126 (QB) in breach of warranty claim concerning a football tournament in South Africa.
• Instructed by Joltid Limited in claim relating to ownership of the Skype source code (led by Mark Vanhegan KC) – Skype v Joltid (2009).
• Acted in Sectorguard plc v Dienne plc [2009] EWHC 2693 (Ch), a successful application to strike out a committal application in the context of a confidential information case.
• Acted for the claimant in the IPCO v NNPC litigation, concerning the enforcement of a New York Convention award [2009] 1 Lloyd’s Rep 89 (led by Michael Lyndon-Standford KC).

Media and Entertainment

Recent work includes:

• Instructed by Valentino Rossi’s manager in claim brought by Mr Rossi concerning termination of the management contract.
• Instructed by Joltid Limited in claim relating to Skype (led by Mark Vanhegan KC) – Skype v Joltid.
• Appeared on behalf David and Victoria Beckham in relation to their claim for breach of confidence against their former nanny, Abbie Gibson.
• Acted for Archbishop of Westminster in relation to application for third party disclosure in the Ivereigh v Associated Newspapers libel case.
• Instructed by the Saatchi Gallery in a claim brought against a well-known painter for breach of contract.
• Instructed by the Marlborough Gallery (led by Michael Briggs KC) in defending a very substantial undue influence and breach of fiduciary duty claim brought by the estate of the artist Francis Bacon: Clarke v Marlborough Fine Art Ltd (No 2) [2002] 1 WLR 1731 and Clarke v Marlborough Fine Art Ltd (No 3) [2002] EWHC 11 (Ch). The claim was settled shortly before a three month trial was due to commence.
• Acted for 118 118 in relation to claim made by the runner David Bedford arising out image rights issues relating to the two 118 118 runners.
• Acted for owners in claims to recover various high value Mesopotamian artefacts.
• Instructed by Glynn Williams in relation to a claim for damage to certain of his sculptures lent to a museum.
• Acted for Mike Nolan in the litigation concerning the pop band “Bucks Fizz”.

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Company law

Recent work includes:

• X v Y – ongoing LCIA arbitration concerning validity of expulsion from an LLP.
• Instructed in very substantial unfair prejudice proceedings Milton v Milton (2017-2019).
• 5 day hearing in July 2017 in Storca Intertrans and others v Norvalo (Overseas) Ltd, BVI Commercial Court.
• Appeared in the appeal in Ashdown v Griffin [2018] EWCA Civ 1793 in which the Court of Appeal considered the allocation of costs after unfair prejudice proceedings had succeeded but had a led to a buy-out order.

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Professional liability

Recent work includes:

• Acted for well-known firm of solicitors in bringing application to strike out claim against it on basis that claimant had failed to mitigate its loss. The application was settled before the hearing on very advantageous terms.
• CNM Estates (Tolworth Tower) Ltd v VeCrREF [2018] EWHC 2838 (Comm) Successfully represented estate agency firm (Knight Frank) in claim for (allegedly) over £16 million arising out of the sale by receivers of an iconic London tower block.
• Recently instructed in £6m+ claim in unlawful means conspiracy against firm of accountants.
• Currently acting for defendant solicitors in claim in negligence arising from alleged mishandling of application to serve out of the jurisdiction in underlying claim against Russian mining company; claim worth £7m. Application to strike out entire claim succeeded: see Harrington Scott v Coupe Bradbury [2022] EWHC 2275 (Ch).
• Acted for leading firm of valuers in relation to alleged overvaluation of high-end London town houses (claim worth approx £20m).
• Addlesee v Dentons Europe LLP [2019] 3 WLR 1255 – whether legal professional privilege still persists after dissolution of a company).
• Acted for claimant in solicitors’ negligence claim arising from alleged mishandling of previous litigation reported at First Tower Trustees Ltd v CDS (Superstores International) Ltd [2018] EWCA Civ 1396.
• Barclays Bank plc v TBS&V Ltd [2016] EWHC 2948 (QB). Valuers’ negligence, relating to complex valuation of a care home (8 day trial).
• Santander v R A Legal [2014] PNLR Court of Appeal, breach of trust by solicitor, section 61 of the Trustee Act).

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Property

Recent work includes:

• South Warwickshire v Littler [2019] L&TR 19 (Landlord and Tenant Act 1954, section 30(1)(f), appeal).
• Folgender v Letraz Properties Ltd [2019] EWHC 2131 (Ch) – specific performance of obligation to grant charge over commercial property.
• UBS v Rose Capital Ventures [2019] 2 BCLC 47 – high value mortgage proceedings; abuse of process; extent to which Braganza principles apply to lenders.
• Fuller v Kitzing [2017] Ch 485; [2016] EWHC 804 (Ch) – shooting rights; injunctive relief.
• Hawk Recovery v Hall [2016] BPIR 169 and (on appeal) [2017] 4 WLR 40 – bare trusts, possession orders, insolvency.
• Skelwith (Leisure) Ltd v Armstrong [2016] 1 Ch 345 – multi-party proceedings concerning mortgagees’ remedies in case relating to alleged sale by mortgagee to an associate.
• Bank of Scotland plc v Forrester [2014] EWHC 2036; [2014] 2 P&CR DG19 (mortgage, implied trusts). 

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