Tom is a Partner in the Commercial Litigation department with significant experience of high value, multi-jurisdictional, complex commercial disputes across a broad range of sectors, including telecoms, banking & finance, oil & gas, media and technology and sport.
His practice encompasses both claimant and defendant work, and primarily involves breach of contract, negligence, fraud and/or breach of fiduciary duty claims. Tom has acted for high net worth individuals, sovereign wealth funds and investment banks, in addition to a variety of FTSE 100 and 250 companies and financial institutions. He also has experience of working on funded and ATE insured cases for large numbers of individual claimants.
Tom has a wealth of experience in acting on high profile, long running and hard-fought litigation, including most recently for Ocado in its claims against T0day and Jonathan Faiman and for Telefonica against the administrators of Phones 4u Limited.
In addition to commercial dispute work, Tom has significant experience of injunctive relief work and has acted for and against parties who have either obtained or been subject to freezing orders and various types of search orders, including those which also encompass preservation, imaging and delivery up.
Legal 500 states: "Tom Roberts is very clever and has an excellent eye for detail. He is also completely unflappable – no matter what happens in the case he remains calm and always has constructive suggestions for the way forward."
Key Experience
- Acting for Telefonica UK Limited against Phones 4u Limited (in administration) in a collusion claim against the three major UK mobile network operators and their parent companies. Phones 4u Limited (in administration) v EE Limited & Others (Ch.D)
- Acting for Ocado Group PLC against founder Jonathan Faiman, former employee Jonathan Hillary and their start-up grocery delivery services business 'T0day' for breach of confidence, unlawful means conspiracy and breaches of contractual and fiduciary duties owed by Mr Hillary. Ocado Group PLC and Ocado Central Services Limited v Jonathan Faiman, Project Today Holdings Limited and Jonathan Hillary (Ch.D)
- Acting for Ocado Group PLC against Raymond McKeeve in committal proceedings for contempt of court arising from interference with the administration of justice as a result of Mr McKeeve's permanent destruction of documents on being informed of a Search Order made against his client. Ocado Group PLC and Ocado Central Services Limited v Raymond McKeeve (Ch.D)
- Acting for Standard & Poor's against Fortescue Metals Group Ltd and Chichester Metals Pty Ltd successfully opposing and overturning an injunction prohibiting the publication of metal prices by S&P Global Platts (now known as S&P Global Commodity Insights). Fortescue Metals Group Ltd and Chichester Metals Pty Ltd v Argus Media Limited and S&P Global Inc. (Ch.D)
- Acting for Standard & Poor's against 19 banks and other institutional investors in a claim against the rating agency for c. US $200 million, regarding CPDOs sold by ABN-Amro. McGraw-Hill International (UK) Ltd v Deutsche Apotheker-Und Artzebank EG & Others (Comm.)
- Acting for 115 individual claimants against Patrick McKenna and the Ingenious Group in claims for c.£40 million in relation to several failed film investment schemes. Thomas Aherne & Others v Patrick McKenna & Others (Ch.d)
- Acting for the Libyan Investment Authority in its c. US $1 billion claim against Goldman Sachs International in relation to disputed synthetic trades placed in 2008. The Libyan Investment Authority v Goldman Sachs International (Ch.D)
- Acting for the directors and former directors of Liverpool Football Club in breach of fiduciary duty claims for c. £200 million brought against them by the former owners of the club, Tom Hicks and George Gillett. Sir Martin Broughton & Others v Thomas O Hicks, George Gillett & Others [2012] (Comm. & Court of Appeal)
- Acting for 555 individual claimants against an investment vehicle, its former associates and professional advisers in claims for c. £120 million, in relation to several failed technology investment schemes. Andrew Brown & Others v InnovatorOne plc (in liquidation) & Others [2011] EWHC 119 (Comm.)
- Acting for Mr Boris Berezovsky in his c. US $1.3 billion claim against the estate of his former business partner. Berezovsy v The Interim Administrators of the Estate of Arkadi Patarkatshishvili & Others (Ch.D)
Other notable matters
- Acting for an international betting exchange owner/operator in relation to regulatory and enforcement proceedings brought by the Gambling Commission.
- Acting for a multinational gaming software developer in a dispute with a South American online casino operator in relation to the provision and implementation of bespoke betting platform and player wallet software.
- Acting for a London and China based financial services and investment advisor in its claim against an Australian property developer for unpaid fees arising from its engagement of our client to source AUD $125 million of capital from Chinese investors.
- Acting for an Italian oil multinational in various high value tax related contractual claims made against it by a UK oil multinational.
- Acting in a shareholder dispute concerning a multi-national fishing conglomerate, defending allegations of fraud and conspiracy and claims for damages of over USD $350 million.
Career History
Partner, Mishcon de Reya
Managing Associate, Mishcon de Reya LLP
Managing Associate, King & Wood Mallesons LLP
Associate, Enyo Law LLP
Trainee, Addleshaw Goddard LLP
College of law, Graduate Diploma in Law
The University of Leeds, BA (Hons) English Literature & Theology