Recent work includes:

Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271.  Instructed by Macfarlanes and Mourant.  Thomas acted for the successful parties in 10 appeals heard by the Privy Council from Guernsey. The judgment was hugely important in the trusts industry in articulating for the first time a new rule of private international law based on the status of a trustee.

Equity Trust (Jersey) Ltd v Halabi / ITG Ltd v Fort Trustees Ltd [2023] 2 WLR 133.  Instructed by Macfarlanes.  Thomas acted in relation to combined appeals from Jersey and Guernsey heard by the Privy Council.  These appeals were the first anywhere in the common law world to consider the order of priorities for an “insolvent” trust.

ITG Ltd v Fort Trustees Ltd (2018 to date).  Instructed by Macfarlanes.  Thomas acts for former trustees in relation to one of the first Alhamrani assessments of trustee costs.  Three judgments have already been given by the Royal Court of Guernsey ([2020] GRC 020, [2021] GRC 007 and [2022] GRC 003) and two judgments by the Court of Appeal of Guernsey ([2023] GCA 004; [2023] GCA 009).

In the Matter of the XYZ Trusts (2021 to date).  Instructed by Baker McKenzie and Carey Olsen.  Thomas acts for trustees in proceedings in Bermuda concerning the restructuring of multiple valuable trusts.

Bicester Rugby Union Football Club Ltd v Payne and Malins (2021). Instructed by Richard Buxton. Thomas acted for a sports club in proceedings in England concerning the validity of a trust established in the 1930s in respect of sports grounds.

Recent work includes:

Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271.  Instructed by Macfarlanes and Mourant.  Thomas acted for the successful parties in 10 appeals heard by the Privy Council from Guernsey. The judgment was hugely important in the trusts industry in articulating for the first time a new rule of private international law based on the status of a trustee.

Equity Trust (Jersey) Ltd v Halabi / ITG Ltd v Fort Trustees Ltd [2023] 2 WLR 133.  Instructed by Macfarlanes.  Thomas acted in relation to combined appeals from Jersey and Guernsey heard by the Privy Council.  These appeals were the first anywhere in the common law world to consider the order of priorities for an “insolvent” trust.

ITG Ltd v Fort Trustees Ltd (2018 to date).  Instructed by Macfarlanes.  Thomas acts for former trustees in relation to one of the first Alhamrani assessments of trustee costs.  Three judgments have already been given by the Royal Court of Guernsey ([2020] GRC 020, [2021] GRC 007 and [2022] GRC 003) and two judgments by the Court of Appeal of Guernsey ([2023] GCA 004; [2023] GCA 009).

In the Matter of the XYZ Trusts (2021 to date).  Instructed by Baker McKenzie and Carey Olsen.  Thomas acts for trustees in proceedings in Bermuda concerning the restructuring of multiple valuable trusts.

Campbell v Campbell [2017] JRC 018.  Instructed by Dickinson Gleeson.  Proceedings in Jersey in respect of a long-running dispute arising out of a family partnership concerning the beneficial ownership of shares in a Jersey company owned by the partnership. Judgment held for the first time in Jersey that the principles of common intention constructive trusts could apply outside a real property context and also included some of the first discussion of claims in unjust enrichment in Jersey.

Thomas has a strong interest in charities work and his trusts and estates practice regularly involves elements of charities law. His recent work includes advising unincorporated associations (e.g. sports and social clubs) on their trust arrangements and rules of membership and advising on potential claims against charitable trustees for breach of trust.

His estates work also regularly involves advising on will disputes and administration issues involving gifts to charities. He is also one of the editors of Theobald on Wills including the chapter on charitable gifts.

Recent work includes:

Maroil Trading Inc v Cally Shipholdings Inc ([2020] EWHC 3062 (Comm)). Applications for security for costs in the context of proceedings in England concerning breach of a settlement agreement and separate breaches of duty of confidence. The applications produced two judgments, including an important judgment on the principles for security for the costs of an additional claim ([2020] Costs LR 1697).

Acting on an LCIA arbitration concerning a contractual interpretation dispute.

Acting in relation to a summary judgment application concerning a claim by financial advisers for success fees under various engagement agreements concerning M&A transactions and IPOs.

Advising on a potential claim for wrongful termination of contract in relation to the supply of tyres to mines in East Africa worth approximately $30 million.

Advising a multi-national bank on potential claims against them by personal representatives arising from wrongful payments out of accounts, including potential claims under the Payment Services Regulations 2009.

Advising franchisees on potential claims against a high-profile company acting as franchisor for fraudulent and negligent misrepresentation in relation to franchise agreements.

Advising trustees and personal representatives in relation to potential and actual claims against financial advisers for breaches of the Financial Services and Markets Act 2000 and the FCA Handbook.

Re GHD Group Holdings Ltd (2011 to 2012). Instructed by Fort & Warren.  Thomas appeared in a three-month trial of an unfair prejudice petition concerning a very high-profile beauty company (GHD) between one of the founders of the company and members of a private equity firm, who were the majority shareholders.

Skelwith (Leisure) Ltd v Armstrong [2016] Ch 345. Instructed by Harrowells.  Thomas acted in proceedings in England for one of the partners in a partnership in respect of a claim concerning the validity of contracts for the sale of a property. Two judgments were given by the High Court, including a reported decision ([2016] Ch 345) on important issues as to the interpretation of the Land Registration Act 2002 and mortgagees’ remedies and a further decision on late amendments ([2015] EWHC 3487 (Ch)).

Campbell v Campbell [2017] JRC 018.  Instructed by Dickinson Gleeson.  Proceedings in Jersey in respect of a long-running dispute arising out of a family partnership concerning the beneficial ownership of shares in a Jersey company owned by the partnership. Judgment held for the first time in Jersey that the principles of common intention constructive trusts could apply outside a real property context and also included some of the first discussion of claims in unjust enrichment in Jersey.

R (on the application of Trail Riders’ Fellowship) v Dorset County Council [2015] 1 WLR 1406. Instructed by Instructed by Brain Chase Coles. Thomas acted for the successful respondents in an appeal to the Supreme Court on the requirements for an application under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement.

R (on the application of Trail Riders’ Fellowship) v Devon County Council [2013] EWHC 2104 (Admin). Instructed by Brain Chase Coles.  Thomas acted for the claimants in judicial review proceedings challenging the imposition of a Traffic Regulation Order under the Road Traffic Regulation Act 1984.

Skelwith (Leisure) Ltd v Armstrong [2016] Ch 345. Instructed by Harrowells.  Thomas acted in proceedings in England for one of the partners in a partnership in respect of a claim concerning the validity of contracts for the sale of a property. Two judgments were given by the High Court, including a reported decision ([2016] Ch 345) on important issues as to the interpretation of the Land Registration Act 2002 and mortgagees’ remedies and a further decision on late amendments ([2015] EWHC 3487 (Ch)).

Advising a local authority on its powers in connection with the organisation of a major national annual event.