Tom Cox advises corporate and private clients who find themselves in commercial dispute. He has considerable experience of different disputes across a variety of sectors, including shareholder disputes, supply chain disputes, fraud claims, warranty claims, agency commission claims, unfair prejudice petitions, jurisdictional challenges and claims for injunctive relief.
Tom prides himself on providing clear legal advice, and on working hard for clients to achieve the best possible result.
Over the past six years Tom has been successfully involved in three heavyweight trials, including the high-profile case of Holyoake v Candy & Ors, for which the team was shortlisted for 'Litigation and Dispute Resolution Team of the Year' at the British Legal Awards 2018. In addition to those trials and many other first instance hearings, Tom also has significant appellate experience, having been involved in cases that have gone to the Court of Appeal and the Supreme Court.
Testimonials for Tom in the Legal 500 directory include that he "is the pick of the associates – utterly reliable and wonderfully personable"; "is very hard-working, takes on responsibility and gets on top of everything"; "is a future superstar, who gets into the detail but also sees the wood for the trees"; and "will move effortless on to being a partner and rightly so"
- Tom recently acted for a client accused of breaching a joint venture agreement. The high-value claim, which had been brought on an expedited basis, was dismissed in its entirety following trial in January 2022.
- Tom assisted clients in successfully defending a high-profile claim of in excess of £100 million relating to allegations of fraudulent misrepresentation, conspiracy, unlawful interference with economic interests, intimidation and blackmail. The dispute - which involved numerous interlocutory hearings including applications to the High Court and Court of Appeal for notification injunctions, prohibitory injunctions, expedition, security for costs, specific disclosure and to amend the pleadings - culminated in a nine week High Court trial.
- Tom helped three individual defendants defeat at trial a £60 million claim by a former business partner, which sought to set aside a settlement agreement on the basis of an alleged fraudulent concealment of transactions.
- Tom advised a client in relation to a claim brought seeking rectification of a settlement agreement. Summary judgment was granted in our client's favour in January 2022.
- Tom is helping 15 clients to defend an unfair prejudice petition, in which damages of over £100 million were being sought. We were successful in getting the substantive monetary part of the petition struck out in the Court of Appeal in May 2021.
- Tom acted for a public sector client who brought a professional negligence claim against a magic circle law firm. A settlement was reached shortly before trial.
- Tom is advising a client on several breach of warranty claims arising out of various accounting issues.
- Tom regularly advises a US based aviation client in respect of a supply chain disputes, which typically involve issues regarding non-performance and contract termination.
- Tom advised a manufacturer in the aerospace sector on a possible claim for breach of an exclusive supply agreement.
- Tom acted for an automotive client who was seeking an injunction to prevent destruction of its tooling.
- Tom is advising an Indian client in respect of a US$51 million contractual claim in the High Court relating to the hosting of high profile motor-racing events. With separate proceedings ongoing in the Indian Courts, the claim involves cross-jurisdictional issues and requires close strategic interaction with overseas counsel.
- Tom advised a packaging company in respect of an agency dispute relating to the purported non-payment of over £10.5 million in consultancy and agency fees pursuant to contractual agreements and/or the Commercial Agents Regulations 1993. Tom helped to negotiate a settlement, without litigation being commenced, at mediation.
- Tom advised a mineral development company in respect of a cross-jurisdictional claim relating to alleged fraudulent misrepresentations surrounding a royalty agreement.
- Tom advised a multinational producer and processor of rare metals in respect of disputes with suppliers and purchasers caused by changing market conditions. The disputes were international in nature and involve complicated arguments over contract terms and Force Majeure provisions.
- Tom advised a private equity firm in respect of warranty and indemnity claims arising following the purchase of the business and assets of a spare parts supply, distribution and wholesale business. A settlement in respect of the claims, which totalled in excess of £2.5 million, was negotiated without recourse to litigation.
- Tom was instructed by a supplier of commercial piping to obtain an injunction to recover property held on a third party's site. An injunction and order for delivery up was obtained within days, and the goods made available to his client.
- Tom helped a residential developer client to bring a claim against a Middle-Eastern seller of luxury apartments to recover a £1.5 million deposit held by an off-shore bank as a stakeholder pursuant to a share sale agreement. The dispute was resolved amicably, through a negotiated settlement agreement, at mediation.
'Principal associate Tom Cox is very hardworking, takes on responsibility, and gets on top of everything.'
'Catherine Naylor and Tom Cox were available 24/7 to respond to our questions, and to respond to often-ludicrous deadlines imposed by the lawyers acting for our opponents. They gave sound, practical and well- considered advice, and we were always confident that we were being guided well.'