Thomas SamuelsCalled 2009 | firstname.lastname@example.org
Thom has a busy practice across the breadth of Chambers’ areas of work. He regularly appears at trials and interim hearings in the county and higher courts, as well as having also appeared before the Coroner’s Court and the First Tier Tribunal.
Thom has particular experience in regulated lending, financial services, regulatory and general commercial work, acting primarily for lenders, credit intermediaries, insurers and other commercial entities. For example:
- Claims under the Consumer Credit Act 1974, e.g. unfair relationships, section 75 claims and allegations of unenforceability;
- Claims under Financial Services and Markets Act 2000 for breach of FCA Handbook;
- Consumer Protection from Unfair Trading Regulations 2008 (both criminal and new civil law rights);
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
- Consumer Rights Act 2015;
- Mortgage Credit Directive Order 2015 (including amendments to FCA’s MCOB rules);
- Complex mortgage repossessions (including allegations of fraud);
- Sale of goods and “satisfactory quality” disputes;
- Conversion claims under Torts (Interference with Goods) Act 1977;
- Directors’ guarantees and indemnities; and
As well as oral and written advocacy, Thom advises on a range of regulatory and commercial matters. He is experienced in drafting regulated credit and mortgage (MCD) documentation and has been instructed by Magic Circle firms to provide specialist advice on substantial securitisations. For example, during the latter half of 2014, he was engaged on a long-running advisory project for a merchant bank considering various consumer credit and regulatory issues.
- Beavis v ParkingEye Ltd  UKSC 67: leading decision on penalty clauses, re-examining the scope of the common law doctrine and decision in Dunlop, and considering proper approach to challenges to allegedly unfair terms in consumer contracts. Instructed on behalf of the respondent for appeal to the Supreme Court (led by Jonathan Kirk QC);
- Clough v Welcome Financial Services Ltd  (QBD): instructed on behalf of respondent in appeal before Haddon-Cave J., considering the effect and proper application of the decision in Saville v Central Capital plc, in particular as to causation of loss under s.138D of Financial Services and Markets Act 2000.
- Swift Advances plc v Okokenu  C.T.L.C. 302: acted for creditor in unfair relationship application heard over two days before HHJ Hand QC. Successfully argued that creditor’s responsible lending obligations did not extend to discovering deliberately inaccurate information provided by or on behalf of the borrower during the application process.
- Conlon v Black Horse Ltd  (UKSC): instructed on behalf of respondent for appeal to Supreme Court on interpretation of ss140A-D of the Consumer Credit Act 1974 in relation to non-disclosure of commission received for sale of payment protection insurance policy; settled on confidential terms three days before hearing (junior with Ruth Bala);
- Hedley’s Humpers Ltd v The Commissioners for Her Majesty’s Revenue & Customs  UKFTT 684 (TC): instructed by applicant for hearing under s14A of Finance Act 1994 for Tribunal to require HMRC to carry out a review out of time of a decision of UK Border Force refusing restoration of twelve nineteenth century Japanese inro;
- Parker v Black Horse Ltd & Anr  GCCR 11101: acting on behalf of the creditor, established that it was entitled to recover from the supplier its reasonable costs of defending proceedings under s75(1) of the Consumer Credit Act 1974 even where the debtor failed in his claim against the supplier. Further, the indemnity under s75(2) is not affected by the usual rule as to costs on the small claims track.
- Encyclopaedia of Banking Law: editor of Division A (Regulation of Banking)
- Consumer and Trading Standards: Law & Practice (‘the Pink Book’), Jordan 4th ed (2015): contributing editor of Chapter 6: ‘Unfair Trading’
- 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
At university, Thom was awarded a Jesus College Open Exhibition (2006-7) for his academic performance. Prior to coming to the Bar he undertook a four month Reprieve internship at the Gulf Region Advocacy Center in Houston, Texas, conducting mitigation on behalf of indigent clients facing the death penalty.
Outside work Thom is a keen guitarist, part-time long distance runner and full-time Arsenal season ticket holder.
Bar Pro Bono Unit
Thomas is authorised to accept Direct Access instructions and will act on this basis for businesses and professionals.
VAT number: 101371569