Tom is a commercial lawyer and an experienced trial advocate. He specialises in civil fraud, insurance and reinsurance and international commercial litigation and arbitration. He also has considerable experience of professional negligence and construction disputes.

Much of Tom's work has an international dimension. He has particular expertise in the Middle East, where he has provided regular advice to the Registrar of the Court of the Dubai International Financial Centre ("DIFC"). Tom collaborated with Michael Black QC in drafting the Rules of the DIFC Court and was the sole draftsman of the rules of the Dubai World Tribunal, established to deal with the financial difficulties faced by the Dubai World companies. He worked with Judges of the DIFC Court to develop the small claims tribunal, which has been described in the Dubai press as "one of the stand-out features at the DIFC Courts". Tom has been involved in some of the leading cases on the jurisdiction of the DIFC Courts. Recent instructions include Taaleem PJSC v National Bonds Corporation (2010 - ongoing) (with Vernon Flynn QC) a US$65m dispute before the DIFC Court concerning a property transaction, involving allegations of breach of trust, and Corinth Pipeworks v Barclays Bank plc (2010 - ongoing) (with Michael Black QC), a US$26m dispute involving allegations of fraud and conspiracy. Tom is also instructed in a number of claims before the Dubai World Tribunal.

Tom also has experience of litigation in the BVI. Instructions include Kensington International v Montrow International (2008) (with Michael Black QC), a US$100m sovereign debt dispute involving allegations of sham corporate personality and POAH v MIO (2010), a shareholders' dispute relating to the ownership of a telecommunications company.

Current arbitration instructions include (as sole counsel) a US$40m telecommunications arbitration under UNICTRAL Rules, (as sole counsel) a AED 65m dispute relating to a high profile construction project in Dubai and (with Michael Black QC) a AED 1bn dispute relating to property in Dubai. In 2009, Tom acted (with Martin Mann QC) for the operator of a jack-up oil rig in a US$30m LCIA arbitration. The dispute spanned several jurisdictions including England, Cyprus, Cameroon, Panama, the UAE, New York and Texas.

Areas of experience

+ Arbitration
Tom has been involved in a number of high value international arbitrations under a variety of different rules.

Current arbitration instructions include:

- US$40m telecommunications arbitration under UNICTRAL Rules (sole counsel)

- AED65m arbitration arising out of a high profile construction project in Dubai (sole counsel)

- AED1bn dispute concerning property in Dubai, giving rise to arbitrations under DIAC and ICC Rules and proceedings before the Dubai World Tribunal (with Michael Black QC)

Past arbitration instructions include:

- US$30m LCIA arbitration concerning the operation of a jack-up oil rig. The dispute was managed from London but spanned several jurisdictions including England, Cyprus, Cameroon, Panama, the UAE, New York and Texas (with Martin Mann QC).

- US$100m ICC arbitration concerning a joint venture agreement.

- A dispute about the ownership of several cargo vessels in a shipping pool.

- ICC arbitration about the termination of a commercial agency agreement.

+ Civil Fraud, Asset Tracing & Recovery

Much of Tom’s work involves allegations of fraud or impropriety, from employee fraud to claims involving allegations of large-scale corporate conspiracy. He has acted in a large number of insurance disputes involving allegations of fraud on placement or fraudulent claims. Tom has considerable experience of applications for pre-action relief, including freezing injunctions, search orders, disclosure orders and provisional liquidation. He has lectured on asset recovery in both a domestic and international context.

Recent instructions include:

- Corinth Pipeworks v Barclays Bank plc (with Michael Black QC) (2010), a US$26m claim in deceit and conspiracy before the DIFC Court.

- Taaleem PJSC v National Bonds Corporation (2010) (DIFC) (with Vernon Flynn QC), US$65m dispute before the DIFC Court relating to a property transaction, involving allegations of breach of trust and knowing receipt.

- £1m mortgage fraud claim (2009).

- Kensington International v Montrow International (with Michael Black QC) (2008), a US$100 sovereign debt dispute in the BVI, involving allegations of sham corporate personality.

- Numerous insurance disputes involving allegations of fraud on placement and in claims.

+ Commercial Litigation
Tom has a broad commercial practice. He has been involved in claims involving share sale agreements, sale and purchase agreements, joint venture agreements and international agency contracts. Many of his instructions include allegations of fraud or breach of fiduciary duty. He has considerable experience of asset tracing and recovery measures.

Tom also has experience of insurance disputes, including policy construction, disclosure and breach of warranty issues arising out of a wide range of different covers.

Tom has a particular interest in the Middle East, having drafted (with Michael Black QC) the Rules of the DIFC Court and he is the sole draftsman of the Rules of the Dubai World Tribunal. Tom recently appeared successfully before the DIFC Court and Court of Appeal (with Vernon Flynn QC) in Taaleem v National Bonds Corporation (2010 - ongoing), a landmark decision on the DIFC Court’s jurisdiction.

Recent instructions include:

- US$40 telecommunications arbitration under UNICTRAL Rules (sole counsel) (2011 - ongoing).

- AED65m DIAC arbitration out of a high profile construction project in Dubai (sole counsel) (2011 - ongoing).

- AED1bn dispute relating to property in Dubai, giving rise to ICC and DIAC arbitrations and proceedings before the Dubai World Tribunal (with Michael Black QC) (2011 - ongoing).

- POAH v MIO (2010) (BVI), a shareholders’ dispute relating to a BVI telecommunications company (valued at US$100m).

- Corinth Pipeworks v Barclays Bank plc (2010) (DIFC) (with Michael Black QC), a US$26m claim in deceit and conspiracy before the DIFC Court.

- Taaleem PJSC v National Bonds Corporation (2010) (DIFC) (with Vernon Flynn QC), US$65m dispute before the DIFC Court relating to a property transaction, involving allegations of breach of trust and knowing receipt.

- Advising in a £10m claim concerning bad-faith calls on performance guarantees arising out of sale and purchase agreements (2010).

- Guardian News & Media v Dating Network Limited (Ch. D.) (2010), claim arising out of the use of Guardian Soulmates database.

- Jetlogic v Privatair (2010), claim arising out of the charter of jets for the 2010 World Cup.

- Advising on the legal effect of the transfer of a letter of credit in relation to US$30m oil trade (2010)

- Advising on enforcement in DIFC of rights arising under a guarantee (2010)

- US$30m LCIA arbitration concerning the operation of a jack-up oil rig. The dispute was managed from London but spanned several jurisdictions including England, Cyprus, Cameroon, Panama, the UAE, New York and Texas (2010)

- IPT2 Property v Total (2009) (TCC), £4m claim arising out of the Buncefield explosion.

- Kolmar v Traxpo (2009) (Comm Ct), a US$2.5m dispute relating to a shipment of methanol, including allegations of economic duress.

- Johnson Controls Limited v Rentokil Initial Plc (Comm Ct) (2008 – 2009), £500k claim relating to breach of a security guarding contract.

- Ithmar Capital v 8II (2008) (DIFC), US$6m claim arising out of the sale of land in the DIFC.

- Bowry v Legal & General (Comm Ct) (2008), £500k insurance dispute turning on issues of waiver into cover.

- Akron v Farodoye (2007) (QBD) £300k deceit claim.

- Kensington International v Montrow International (2007) (BVI) (with Michael Black QC), US$100 sovereign debt dispute in the BVI, involving allegations of sham corporate personality.

- Smythe v Jupiter Supplies Limited (2007)(QBD), £1m fraud claim arising out of a sale and purchase agreement.

+ Company

Tom has experience of significant disputes relating to the ownership of companies. He appeared (with Paul Downes QC) for the objector in In re P&O, where he opposed the £4bn scheme of arrangement under which P&O was purchased by Dubai Ports World. In 2010, he was instructed by the successful Claimant in POAH v MIO, a dispute about the ownership of a BVI telecommunications company. Tom acted (with Michael Black QC) in Kensington International v Montrow International, a US$100 sovereign debt dispute in the BVI, involving allegations of sham corporate personality.

+ Construction & Projects

Tom has extensive experience of construction related disputes in arbitration, adjudication and the TCC. His practice has an emphasis on energy, oil and gas. He also has considerable experience of fire claims.

Recent instructions include:

- US$40m arbitration under UNICTRAL Rules (2011 - ongoing) (sole counsel) relating to the construction of a telecommunications network in the Middle East.

- AED 65m DIAC arbitration arising out of a high profile construction project in Dubai (2011 - ongoing) (sole counsel).

- Obsession v Hi-Lite (TCC) (2010) (with Philip Shepherd QC), £4m claim for business interruption losses arising out of a fire at commercial premises.

- Exactaform Cutting Tools v Vollmer UK (2010) (TCC), claim arising out of a fire in a precision cutting machine.

- US$30m LCIA arbitration (2009) (with Martin Mann QC) relating to the operation of an oil rig.

- IPT2 Property v Total (2009) (TCC), £4m claim arising out of the Buncefield explosion.

 
+ Energy, Oil & Gas

Tom has acted in a variety of energy related matters:

- US$30m LCIA arbitration relating to the operation of an oil rig

- Corinth Pipeworks v Barclays Bank plc (2010) (DIFC) (with Michael Black QC), US$26m dispute in Dubai related to the supply of gas pipeline.

- Advising liquidators in BVI in relation to a US$30m oil trade (2010)

- IPT2 Property v Total (2009) (TCC), £4m claim arising out of the Buncefield explosion

- Kolmar v Traxpo (2009) (Comm Ct), US$2.5m claim relating to a shipment of methanol.

- Kensington International v Montrow International (2008) US$100m BVI vulture fund dispute relating to the ownership of a corporate structure whose ultimate asset was an oilfield.

+ Professional Negligence

Tom has acted in claims against solicitors, barristers, accountants, financial advisors, insurance brokers, surveyors and construction professionals. He also has experience of solicitors’ partnership disputes, particularly those involving allegations of fraud.

Recent instructions include:

- Brampton Insurance v AHJ (Comm Ct) (2010 - ongoing), claim against reinsurance brokers for failure to notify claims.

- Barrister’s negligence claim relating to tax planning advice (2010).

- Lewis v Kyriacou (2009), solicitors’ negligence claim arising out of a conveyance.

- Surveyor’s negligence claim arising out of the sale of a block of flats.

- Claim against insurance brokers following a fire at commercial premises.

 

 

+ Real Estate Litigation
Tom has acted in claims arising out of property transactions, including disputes relating to fire damage to property .

Recent instructions include:

- Taaleem PJSC v National Bonds Corporation (2010 - ongoing) (DIFC) (with Vernon Flynn QC), US$65m dispute before the DIFC Court relating to a property transaction, involving allegations of breach of trust and knowing receipt.

- Advising and acting in relation to various disputes relating to the sale of off-plan property in the DIFC.

- Limitless v Al Jahani and ors (2011 - ongoing) (Dubai World Tribunal), dispute relating to various gifts of land made by the Ruler of Dubai.

- Obsession v Hi-Lite (TCC) (2010) (with Philip Shepherd QC), £4m claim for business interruption losses arising out of a fire at commercial premises.

- Ithmar Capital v 8II (2008) (DIFC), US$5m claim arising out of the sale of land in the DIFC.

Full detail on selected areas will be included in the downloadable PDF.

Related events

XXIV Dubai Conference 2012
29 Apr 2012

Private Law Aspects of Regime Change
17 Nov 2011

Tom Montagu Smith

Call 2001
tms@xxiv.co.uk
Clerks 020 7691 2424

Professional memberships

Bar of the Dubai International Financial Centre

Academic history

  • 2001 BVC Prize, Lincoln's Inn (2nd in year)
  • 2000 Hardewicke Scholarship, Lincoln's Inn
  • 2000 PgDL, College of Law: Distinction (top 5 in year)
  • 1999 BA in Politics, Philosophy and Economics
  • 1998 Exhibition scholarship to Lincoln College, Oxford

Languages

French

Business details

VAT number: 798942645
Registered name: Thomas Montagu Smith

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