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Thom practises across the spectrum of Chambers’ work. He is recognised as a leading practitioner by Chambers & Partners. Please see below for more detail.

Thom regularly advises and acts for a range of entities in their dealings with the FCA relating to enforcement and authorisation issues under the Financial Services and Markets Act 2000 (“FSMA”) and the FCA Handbook. In addition, Thom has expertise in retail lending and compliance with the technical requirements of the Consumer Credit Act 1974 and its subordinate regulations. He has also been instructed in judicial review challenges to decisions of the Financial Ombudsman Service made under Part XVI of FSMA.

He is currently instructed to defend a multi-million pound pensions mis-selling claim involving allegations of joint enterprise, breach of COBS and claims under s.27 of FSMA.

Thom also has a substantial non-contentious advisory practice in the financial services sector. He regularly advises on compliance in relation to novel products and schemes, and undertakes due diligence reviews for securitisations and debt-sale transactions.

Notable cases

R (Berkeley Burke SIPP Administration Ltd) v Financial Ombudsman Service & Ors [2018] EWHC 2878 (Admin): Judicial review challenge to a FOS decision concerning duties of self-invested personal pension (SIPP) administrators to investigate the appropriateness of investments. Mr Justice Jacobs considered the duty of “due diligence” owed by SIPP administrators in light of the scope and application of Principles 2 and 6 and the meaning of COBS 11.2.19R (led by Jonathan Kirk QC).

Arif & Ors v Berkeley Burke SIPP Administration Ltd [2017] EWHC 3108 (Comm): Application for group litigation order under CPR 19.10, and first case considering the effect of Lord Justice Briggs’ “Civil Courts Structure Review” in relation to transfer of proceedings.

Berkeley Burke SIPP Administration Ltd v Charlton & Anor [2017] EWHC 2396 (Comm): whether a redetermination of a ‘final and binding’ decision by FOS constituted an arbitration for the purposes of s.69 of the Arbitration Act 1996 (led by Jonathan Kirk QC).

Berkeley Burke SIPP Administration ltd v Charlton & Anor [2017] (unrep.): recovery of intervener’s costs following conclusion of private-law proceedings in the Commercial Court.

Clough v Welcome Financial Services Ltd [2015] (unrep.): consideration of Saville v Central Capital plc and causation of loss under s.138D of FSMA.

Swift Advances plc v Okokenu [2015] CTLC 302: whether a creditor’s responsible lending obligations extended to discovering deliberately inaccurate information provided by or on behalf of the borrower during the application process.

Conlon v Black Horse Ltd [2014]: appeal to Supreme Court on non-disclosure of commission received for sale of payment protection insurance policy; settled on confidential terms three days before hearing (with Ruth Bala).

Thom deals with a range of private and regulatory consumer law matters both for major retail clients and (where appropriate) individuals. These include unfair terms, misleading actions and omissions, rights of withdrawal and cancellation, data protection and sale of goods matters governed by Consumer Rights Act 2015, Consumer Credit Act 1974 and Consumer Protection from Unfair Trading Regulations 2008. In addition, Thom is regularly instructed in complex mortgage repossession claims.

Notable cases

Beavis v ParkingEye Ltd [2016] AC 1172: leading Supreme Court authority on penalty clauses, re-examining the common law doctrine and considering the proper approach to unfair terms challenges by consumers (led by Jonathan Kirk QC).

Swift Advances plc v Okokenu [2015] CTLC 302: whether a creditor’s responsible lending obligations extended to discovering deliberately inaccurate information provided by or on behalf of the borrower during the application process.

Parker v Black Horse Ltd & Anr [2011] GCCR 11101: whether a creditor was entitled to recover from the supplier its reasonable costs of defending proceedings under s.75 of the Consumer Credit Act 1974 even where the debtor failed in his claim against the supplier.

Thom is the author of the ‘Travel’ chapter of the Pink Book. He has expertise on the various international and European conventions and regulations which underpin this complex area. For example, the Montreal Convention, Rome I and II, Regulation 261/2004, and the application of the Consumer Rights Act 2015 to contracts of carriage.

Thom has been instructed by regulators and consumer enforcement organisations to advise upon the fairness of terms in aviation and rail contracts, choice of law and jurisdiction.

 

In addition, Thom’s practice encompasses a range of more general commercial matters in a variety of contexts from the antiques trade to stem cell storage companies. For example, disputes relating to loans between high net-worth individuals, agency agreements, insolvency, guarantees and fraud.

Notable cases

Berkeley Burke SIPP Administration ltd v Charlton & Anor [2017] (unrep.): recovery of intervener’s costs following conclusion of private-law proceedings in the Commercial Court.

 Bapchild Motoring World (Kent) Ltd v Advantage Finance Ltd [2016] (unrep.): dispute between a major car retailer and finance company in relation to the funding of a vehicle with an allegedly defective engine.

 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 refusing restoration of twelve nineteenth century Japanese ‘inro’ following failure to obtain a valid CITES permit.

  • An editor of The Encyclopedia of Financial Services Law
  • Encyclopaedia of Banking Law: editor of Division A (Regulation of Banking)
  • Consumer and Trading Standards: Law & Practice (‘the Pink Book’), Jordan  6th ed (2018): contributing editor of Chapter 15: ‘Travel’
  • Practical Law Company: regular contributor to monthly Consumer Credit column
  • Atkins Court Forms (2014 Ed.): contributor to Volume 24(2)
  • Various articles for Chambers’ Journal of Financial Law
  • Various Westlaw Insight articles: author of ‘Product Liability: Overview’; ‘Product Liability: Toys’; and ‘Consumer Credit agreements: matters arising during

“A standout candidate… very responsive and commercial, and clients love him.” Chambers & Partners 2019

“He has a very charming manner in court and puts across his arguments very well… Very smart and insightful.” Chambers & Partners 2018

Bar Pro Bono Unit

Thomas is authorised to accept Direct Access instructions and will act on this basis for businesses and professionals.

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VAT number: 101371569