Matthew Tonnard

Call: 2015

Barrister

Matthew is a junior with a thriving commercial chancery practice. He is particularly well versed in matters of trusts, breaches of contract and civil fraud, regularly appearing in the County Court, High Court and Court of Appeal in such cases.

Prior to joining the Bar, Matthew worked for a city firm specialising in construction and commercial disputes. Through this role he gained experience of high-value adjudications and High Court applications, as well as advising on the construction and breach of contracts.

For the legal year 2016/17, Matthew was the Judicial Assistant to the Rt. Hon Lord Justice Lindblom where he gained extensive experience of appellant level cases.

Matthew is a visiting lecturer at Queen Mary University of London.

COMMERCIAL AND ARBITRATION

Alongside a growing arbitration practice, Matthew accepts instructions in a wide range of commercial disputes including pre-action advisory, drafting and advocacy services. Matthew is regularly instructed in disputes concerning the supply of goods and services, misrepresentation, commercial lending agreements and cases involving worldwide freezing orders.

Recent Work Includes:

Osler v Osler et al (as Personal Representatives of the Estate of the Late Roger Osler) [2024] EWCA Civ 516 – Successfully resisting an appeal relating to an arbitrators award pursuant to section 69 of the Arbitration Act 1996 arising out of the purchase of shares in a farming partnership (led by Dov Ohrenstein)
C Squared Ventures LLC v Rice [2024] (Chd) (Ongoing) – Instructed to resist a freezing order where the underlying dispute arises from an allegedly fraudulent FX trading platform (led by Stuart Benzie)
(1) Arcus-PCD Limited; (2) Sixpenny Group Ltd v Dudman Holdings Ltd [2024] (Chd) (Ongoing) – Instructed by the Claimants in a dispute relating to an alleged breach of an exclusivity and loan facility agreement
(1) Mulgride Business Limited; (2) Demin v O’Neill (ongoing) – Instructed by the Claimants in a claim for the recovery of sums secured against land allegedly in breach of the general prohibition under the Financial Services and Markets Act 2000 (led by Shantanu Majumdar KC)
WorldPay UK Ltd v Lionhart Boutique [2022] – Successfully appearing on behalf of the Claimant in respect of what was said to be a fraudulently induced contract for services;
Mahajna v London School of Business and Finance [2020] EWHC 3717 (QB) – Acting for the successful Respondent, resisting an appeal relating to quantum arising from the misrepresentation of a higher education course
Bartholomew Hawkins Asset Management Limited v Bartholomew Hawkins Limited [2020] EWHC 1816 (QB) – Resisting an application for urgent interim relief regarding access to assets held on trust pursuant to a business purchase agreement
Acting for the Defendant and Counterclaimant in a claim relating to the alleged breach of a Share Purchase Agreement and non-compete clauses
Advising personal representatives of the estate of a former director in a claim brought by joint liquidators in respect of transactions at an undervalue, misfeasance and unjust enrichment
Acting for the Defendant, a project management company specialising in gas and oil infrastructure projects, in a claim for breach of contract
Acting for the Defendant and Counterclaimant in a dispute concerning the scope of a construction contract and purported defective workmanship
Advising and drafting a Defence in a claim for the repayment of sums paid in connection with a large corporate event pursuant to a frustrated contract following the advent of the Coronavirus Pandemic
Successfully resisting a claim for alleged “loss of chance” in the context of a commercial property venture
Advising on the recoverability of costs incurred by a Local Authority in providing services pursuant to the Care Act 2014 in circumstances where the recipient had transferred assets for the purposes of avoiding charges
Advising and drafting an unfair prejudice petition arising from the breach of a fundamental understanding
Advising on breaches of consumer protection legislation within the online travel agent market, including pressure selling tactics and hidden charges
Advising on whether a contract unreasonably limited liability for breach of implied terms as to the quality of goods supplied for the purposes of the Unfair Contract Terms Act 1977.

INSOLVENCY AND COMPANY

Matthew has an established insolvency practice and regularly accepts instructions to appear in both the County Court and Chancery Division of the High Court (ICC) in a wide range of matters.

Recent / On-going Work Includes:

Seneschall v Trisant Foods Ltd et al[2023] EWHC 1029 (Ch) – Acting for the Third Respondent in an unfair prejudice petition and unlawful means conspiracy claim involving an alleged attempt to remove an employee, director and shareholder of the subject company
Joint Liquidators of Macgill of Kenginston LLP v The Estate of Reza Kohshanam (unreported) – Acting for the executor of the Estate in a claim where liquidators sought to recover c.£1m relating to alleged illegitimate expenses in breach of section 238 of the Insolvency Act 1980 and duties pursuant to the Companies Act 2006
Joint Liquidators of Eaves Housing for Women Limited – Advising the liquidators as to the utilisation of funds advanced by the European Commission and Comic Relief, held by the charity on Quistclose trust, and the Berkeley Applegate principle
Acting for a company seeking to retrospectively validate the purchase of company property acquired following the presentation of a winding up petition
Advising, and subsequently drafting pleadings, for a vesting order where property formerly owned by a dissolved company had been disclaimed by a liquidator
Resisting an application to annul a bankruptcy order pursuant to section 282(1)(b) of the Insolvency Act 1986 owing to outstanding statutory interest (applying Harper v Buchler No.2)
Advising on whether, in the context of the administration of an energy company, sums owed by customers of the company in administration were a provable debt by the energy company appointed under the Supplier of Last Resort process
Appearing on behalf of administrators in applications pursuant to paragraph 76(2)(b) of Schedule B to the Insolvency Act 1986 to extend the term of the appointment and administration of companies
Acting for joint administrators in an application to retrospectively make an administration order where creditor consent to extend the original term had not been properly obtained (applying Re Biomethane (Castle Easton) Ltd)
Advising on whether, in the context of the administration of an energy company, the sums owed by customers of the company in administration was a provable debt by the energy company appointed under the Supplier of Last Resort process
Securing a bankruptcy order when the underly debt was resisted on the basis of contractual interpretation
Resisting consolidated applications to set aside statutory demands by signatories to a guarantee
Acting for creditors and debtors in bankruptcy and winding-up petitions

PRIVATE CLIENT, TRUSTS AND ESTATES

Matthew regularly acts in the High Court and County Court in matters relating to breaches of trust, contentious probate, administration of estates and claims to remove executors and trustees. In particular, Matthew has extensive experience in matters involving proprietary estoppel, claims arising under the Trusts of Land and Appointment of Trustees Act 1996 and claims relating to the Inheritance (Provision for Family and Dependants) Act 1975.

Recent Work Includes:

Watts v Watts –Acting on behalf of the successful Defendant in a matter where the Claimant alleged the will of his late father was forged and the c.£8 million estate was held on trust
(1) Kirker; (2) Brown (As Executors of the Estate of the late Patrick O’Sullivan) [2023] (Ch) – Acting on behalf of the Applicants in successfully securing an order as to the administration of an Estate in circumstances where the identity of two benefices was unclear (by reference to Re Benjamin and Cobden-Ramsay)
Church Commissioners [2023] – Acting for the church commissioners where [ ].
Ryan v Gilmore [2023] – Advising and drafting pleadings in a claim for a declaration as to the beneficial interest in a property and equitable accounting where the Claimant’s interest had been fraudulently transferred without his knowledge
Carter v Carr [2019] (Ch) – Acting for the Defendant in a 4-day trial in the High Court concerning a trust property in Hatton Garden and the alleged breach of trustee’s duties
Advising and appearing on behalf of the executor in a “put up or shut up” application where it was intimated the legitimacy of a will was challenged
Acting for the Defendant, the sole executor and beneficiary to a sizeable estate, in a dispute regarding the alleged forgery of a will
Advising the executors of an estate as to the distribution of trust property to a group of beneficiaries thought to reside in Ukraine shortly following the Russian invasion
Advising trustees in respect of disputed sale of trust assets pursuant to a shareholders agreement
Successfully secured a Re Benjamin order in circumstances where a beneficiary had intimated, but had not pursued, a challenge to the will
Successfully resisted a claim from a beneficiary for the removal of Personal Representatives and a declaration as to a purported entitlement to retain possession of trust property
Drafting Particulars of Claim seeking an order for sale of commercial land and account of funds following the irretrievable breakdown in relationship between joint trustees
Advising on the tracing of trust funds misappropriated for the purposes of purchasing land and the relevant proprietary remedies
Resisting an application for declaratory relief pursuant to the Trust of Land and Appointment of Trustees Act 1996

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