Tom Gentleman

Areas of Practice

Litigation and advice in the fields of Company Law, Shareholder Disputes, Commercial Litigation, Insolvency, Financial Services and Corporate Fraud.

Company law and Shareholder Disputes

Tom advises and represents shareholders, company directors and companies in relation to shareholder disputes, derivative actions, directors' duties, company constitutional issues and meetings.

He has particular experience in relation to shareholder disputes, including petitions under s. 994 of the Companies Act 2006, petitions for just and equitable winding up, and disputes over access to company information. He has been involved in shareholder litigation, working both on his own and with leading counsel, in this jurisdiction, Bermuda and the Channel Islands.

Commercial Litigation & Financial Services

Tom has acted as a junior in a number of complex commercial cases, both in the High Court and in arbitration. Many of his cases have an international element, raising conflict of laws questions and jurisdiction disputes. Recent experience includes:

• the successful defence of a claim for a multi-million pound introduction fee claimed in relation to a property transaction;
• seeking to establish the jurisdiction of the English courts in relation to a dispute between the shareholders of a leading Ukrainian football club, Dynamo Kiev, appearing on a jurisdiction challenge at first instance and on appeal;
• acting for Standard Life in its claim to recover from its insurance brokers moneys paid out by way of compensation to mortgage endowment customers;
• acting for an investment fund in its claim to establish a stake in a special purpose vehicle for investment in a German wind farm project.
• In addition, he regularly advises and litigates in general contractual disputes, both in the High Court and County Courts, and before arbitral tribunals (recently appearing in a substantial London Metals Exchange arbitration).

He represents both claimants and financial institutions in claims under the financial services legislation, with particular experience in relation to the mis-selling of investment products.

Corporate Insolvency and Bankruptcy

Tom advises and represents both creditors and debtors in relation to disputed winding up and bankruptcy petitions. In addition, he regularly appears on applications to set aside statutory demands and to restrain presentation or advertisement of winding up petitions; applications for validation orders; and he advises and represents administrators, liquidators and trustees in bankruptcy in relation to property in the insolvent estate.

Recent cases

Butler-Creagh v Hersham [2011] EWHC 2525 (QB)
Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd [2009] EWHC 1839 (Ch) and [2010] EWCA Civ 753
Re Realstar Ltd [2007] EWHC 2921 (Ch) / [2008] BPIR 1391
North Principal Investments Fund v Greenoak Renewable Energy [2008] EWHC 2047 (Ch) and [2009] 18 EWHC (Ch)

Academic

MA (Oxon), Modern History
Christ Church, Oxford, Scholar
Diploma in Law (City), Distinction
Lincoln's Inn: Lord Brougham Scholar

Professional

Member of the Commercial Bar Association and Chancery Bar Association