Tom Beasley
Call: 2003
Barristers
Tom has an impressive practice that centres on commercial chancery disputes in both litigation and arbitration, with a particular focus on commercial, civil fraud, company and insolvency cases. A substantial part of Tom’s practice is in complex, high-value disputes, often with cross-border/jurisdictional elements and he works frequently, led and unled, with extended legal teams and other professionals.
Tom’s clients have included government agencies, multinationals, global banks, high net worth individuals and large estates. He has appeared before a range of courts and arbitral tribunals and has extensive experience in emergency matters such as the obtaining or resisting of freezing and search orders.
He has been ranked consistently in Chambers & Partners whose descriptions of him in recent years have included: “excellent for injunctions, a real go-to barrister…responsive and has a very easy manner. He is very good with clients as well, and thoughtful about the relationship between client and solicitor…an abundance of common sense and is a very good advocate.”
The most recent edition of Chambers & Partners (Global and UK Bar 2023) states that “Tom is very calm and has a good commercial eye. His written work is very detailed and well thought out” and “he is very organised and turns things around very quickly”.
He is a member of the chartered institute of arbitrators.
Tom regularly acts in commercial disputes and he is particularly experienced in matters that include allegations of fraud. His cases frequently involve an international element with clients coming from all over the world and assets being held in different jurisdictions. Cases often involve the need for interim relief such as freezing orders and other injunctions.
His recent work includes:
- Acting in a complex case concerning constructive trusts, proprietary estoppel and partnership law
- Various tech cases, including fintech. These have involved software design failures and cost overruns, cryptocurrency issues (including in the context of urgent injunctive relief) and general issues concerning the contracts entered into by such businesses.
- Successfully obtaining a worldwide freezing order following the failure of the Respondents to comply with terms settling an international arbitration award involving mining opportunities in Africa
- Representing the claimant company in a civil fraud claim involving a large portfolio of properties in London, where the claim is brought in deceit and negligent misstatement as well as for breach of contract
- Acting for a company in a claim brought by a commercial agent based in Guinea for unpaid commission
- Acting on behalf of a company whose confidential data had been obtained by a competitor and advising on suitable steps to constrain the other party’s ability to profit from the data including the obtaining of interim injunctions
- Representing the purchasers in a dispute over the value of a healthcare business which underperformed in the first year post-acquisition
- Acting for the manufacturer of laser hair-removal beauty products in dispute with service provider
- Acting in a dispute concerning errors by an advising bank in relation to a letter of credit and goods shipped to Israel by a company which, without payment, was unable to trade and defaulted on a multi-million pound loan facility which was guaranteed by the sole shareholder/director
- Acting for two shareholders in quasi-partnership where third shareholder was suspected of embezzling funds and making false entries in the accounts
- Acting for both the Revenue and Customs Prosecution Office and the Receiver in the defence of third party claims made in confiscation enforcement proceedings involving various assets held by a number of offshore entities
- Acting in complex litigation with issues including freezing orders; formation and construction of a contract; commercial opportunities; database rights; joint ventures; economic torts; breach of confidentiality; and company law matters, including: directors’ duties, derivative actions, meetings and resolutions.
Tom has worked on a large number of contentious cases involving the running of companies and related areas of law. These have included matters concerning the internal running of businesses but also claims against directors, claims between shareholders, and disputes with former/current employees.
His recent work includes:
- Advising a corporate investor from Asia in a shareholder dispute regarding a business that supplies new technology to the telecoms sector and allegations of fraud against the founding shareholders
- Advising a shareholder in a deadlock situation about steps that could be taken against an unreasonable co-shareholder and director, where the latter was refusing to agree a debt restructuring that was necessary to keep a valuable property development going and therefore to keep the company afloat
- Acting for the main shareholder of a company (solicitors) and a related property management partnership in a dispute concerning what assets should be distributed to which persons on the dissolution of that partnership and the departure of one solicitor shareholder from the company
- Acting for a company and its shareholders in a dispute with a third party who claimed an entitlement to shares and asserted a partnership relationship concerning a property development
- Advising the wife and personal representative of a deceased shareholder regarding the effect of pre-emption provisions in the company’s articles of association and how shares should be valued
- Acting in a dispute about the legitimacy of a share transfer and the suitability of seeking relief under the summary procedure provided for in s125 of the Companies Act 2006
- Advising on possible grounds of challenge and appeal against an arbitrator’s award concerning various claims brought by an LLP (surveyors) against a former member, regarding diverted opportunities in the Middle East and various breaches of duty
- Applying, on various occasions, for urgent injunctions on behalf of companies against directors/employees to protect confidential information, to obtain springboard relief, and to enforce restrictive covenants.
Tom works in all areas of insolvency law from transactions at an undervalue and asset recovery to company voluntary arrangements and personal bankruptcy. He also has experience of proceeds of crime legislation.
His recent work includes:
- Acting in bankruptcy proceedings where debtor claimed to be able to rely upon application before the European Court of Human Rights as a basis for staying or dismissing the petition
- Advising former directors of a company that had been wound up on ways to recover valuable interest in commercial property previously held by the company and, in particular, on the law of bona vacantia
- Advising client landlord of airbase where tenant company had entered administration
- Advising solicitor on recovering fees from client company in administration.
Tom has experience in a wide range of property and property-related matters, from 1954 Act renewals and proprietary estoppel claims to easements, dilapidations and leasehold enfranchisement claims. He also has experience in related areas of professional negligence.
Examples of recent cases include:
- Appearing in a dispute about the effect of a sublease on the head landlord, in a case described by the judge as “a property lawyer’s dream, or even nightmare, for it bristles with points of law”
- Acting on behalf of two interveners in a two-week trial between a husband and wife over ownership of several properties, involving a complicated history of promises and expenditure over several decades and arguments relating to proprietary estoppel as well as common intention constructive trusts
- Acting in a case determining that a right to park had not been destroyed as a result of the ownership of servient land transferring to a third party by means of adverse possession
- Providing advice to a commercial tenant, seeking to take advantage of a break clause, the day before vacant possession had to be given but repairs were yet to be completed
- Acting for a partnership in an attempt by an ex-partner to obstruct the sale of a development site purchased just before the 2008 financial crisis. Case involves various interesting arguments about resulting and constructive trusts and a number of companies
- Representing director of company in dispute as to his liability under a personal guarantee and charge over his property in relation to a $3.5m letter of credit that his company had used to continue trading
- Representing client in claim against solicitor for failing to accept offer to purchase freehold of property under the right of first refusal legislation.
Tom accepts instructions in professional negligence matters that relate to his core areas of practice.
Illustrative examples include:
- Representing a solicitor who had failed adequately to explain the service charge obligations under a lease to a purchasing client and failed to ensure the vendor would pay arrears of service charges
- Representing client in claim against solicitor for failing to accept offer to purchase freehold of property under the right of first refusal legislation
- Advising client in ransom strip case where solicitor had failed to point out lack of rights to run services across the strip
- Advising a client who was in prison for murder as to how he might sue his solicitors for failures relating to the aborted purchase of a business and the acquisition of a lease of the property where the business was run.
Tom is instructed in various disputes between partners and relating to joint ventures. These often involve other areas of law from contract law to company, insolvency and trusts.
His recent work includes:
- Acting for two partners in a dispute with a third partner over funds wrongfully diverted from the business and about the ownership of properties worth several million pounds
- Acting for three partners in a dispute with a fourth partner as to the ownership of a development site. The fourth partner stopped meeting his financial obligations to the partnership forcing the other partners to pay off his share of £1.3m loan that had fallen due as well as other expenses. Problems arose following the financial crisis of 2008
- Acting for two shareholders in quasi-partnership where third shareholder was suspected of embezzling funds and making false entries in the accounts
- Acting for sole shareholder and founder of a successful company in an attempt to stop a director fraudulently allocating himself shares and thereby seeking to wrest control of the company from the client.
Tom is experienced in many types of financial mis-selling cases and in professional negligence claims against related parties in the financial services sector.
Tom has a good working knowledge of the FCA Handbook.
Tom has a burgeoning arbitration practice and is a member of the Chartered Institute of Arbitrators. He accepts instructions relating to both international and domestic disputes and is happy to advise on all stages of the arbitral process, from preliminary matters through to appeals and enforcement. From Singapore to Dubai to Paris, wherever a tribunal is sitting in the world, he is happy to travel to it.
He also has extensive experience of mediation, in particular of commercial disputes.
Many of Tom’s cases have an international dimension. Sometimes this is because disputed assets are located in other jurisdictions. In other instances it is because the parties come from outside England and Wales. Frequently, both assets and parties are based in other parts of the world and, as a result, disputes become complicated by jurisdictional and other cross-border issues.
Tom’s cases often involve an element of fraud and frequently require applications for emergency injunctive relief such as the obtaining of freezing and disclosure orders.
Tom accepts instructions to advise and appear before courts and arbitral tribunals in a number of different jurisdictions.
Tom is recognised by Chambers UK Bar. Recent commentary includes:
- “A charming barrister with an easy but detailed style of working his way around cases. He’s never stressed about anything and gives his advice really quickly. His is a really good, friendly way of dealing with people.” (Chancery: Commercial, Chambers UK Bar 2024)
- “Always offers commercially practical advice and has a keen eye for detail.” (Chancery: Commercial, Chambers UK Bar 2024)
- “Tom is very calm and has a good commercial eye. His written work is very detailed and well thought out.” (Chancery: Commercial, Chambers UK Bar 2023)
- “He is excellent for injunctions, a real go-to barrister. He is responsive and has a very easy manner. He is very good with clients as well, and thoughtful about the relationship between client and solicitor. He has an abundance of common sense and is a very good advocate.” (Chancery: Commercial, Chambers UK Bar 2021)
- “He’s always amenable to doing what it takes to get the job done. On top of that, he’s good with the client, always quick to grasp the issues and easy to work with.” “Fabulous, with the most amazing instincts. A delight to work with.” (Chancery: Traditional, Chambers UK Bar 2020)
- “Excellent from a technical perspective, he builds a great rapport with clients.” “He gets to grips with details quickly, and has a natural authority in the way he presents himself.” (Chancery: Traditional, Chambers UK Bar 2019)
- “A popular choice with solicitors and silks, he has a wealth of experience of handling some very significant cases.” “He is a very sensible and straightforward.” (Chancery: Traditional, Chambers UK Bar 2018)
- “He is excellent on trust-related disputes and his written work is very good.” (Chancery: Traditional, Chambers UK Bar 2017).
- MCIArb
- Jules Thorn Scholar of the Middle Temple
- Blackstone Entrance Exhibitioner of the Middle Temple
- English Literature BA, Bristol University
- Post Graduate Diploma in Law, City University
- Bar Vocational Course, Inns of Court School of Law
- Chartered Institute of Arbitrators (MCIArb)
- COMBAR (the Commercial Bar Association)
- Chancery Bar Association
- Property Bar Association
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