Thomas has experience of advising on and acting in a range of commercial proceedings in both the Court of Appeal, High Court and County Courts.
Thomas is regularly instructed in High Court and County Court breach of contract disputes, representing both claimants and defendants, often with a cross-over into his employment specialism. Recent cases include acting for a former CEO seeking damages for breach of contract following a power struggle for control of the company. The claim covered granting and vesting of share options, salary and other emoluments. In another recent case Thomas acted for another former CEO seeking to recover bonus payments under a complex contractual arrangement with a franchisee. Thomas is experienced in ADR and negotiating settlements through mediations and round-table discussions. He also has experience advising on restrictive covenant issues including (in the business to business context) advising a prestigious 5 Star London Hotel and advising a leading estate agency brand. He has advised on springboard injunctive relief, non-solicitation and non-dealing clauses and the drafting of clauses to protect legitimate business interests.
Thomas is also experienced in multi-day High Court trials and was instructed by the Secretary of State for Health in a three day High Court breach of contract estoppel and res judicata case (Srivatsa v Secretary of State for Health [2016] EWHC 2916 (KB); [2017] ICR D5): a decision which has been applied by the High Court in other cases including Treetop Investment LLC v Falmouth House Freehold Co Ltd [2017] EWHC 674 (Ch). Thomas continued to act unled when the case went to the Court of Appeal: Srivatsa v Secretary of State for Health [2018] EWCA Civ 936, [2018] ICR 1660. In the same case Thomas appeared in several interlocutory hearings before High Court Masters and an appeal in the High Court. In another case, Thomas acted, again unled, in a four day High Court breach of contract trial (Grainger v North East London NHS Foundation Trust [2017] EWHC 2254 (QB); [2017] IRLR 981).
Thomas also has extensive professional negligence experience. He is currently instructed by a corporate claimant in a High Court action involving alleged negligence by a Big Four firm in relation to an iTunes royalty compliance examination. Other recent cases include representing a multi-million pound property company counter-claiming in negligence against solicitors, and acting for a CEO in a claim against an international law firm – both of which were successfully settled at mediation. Thomas has also recently acted as junior to Jolyon Maugham KC in a complex tax case relating to accountancy advice on intangibles relief. In 2017 Thomas appeared in the Court of Appeal as junior counsel in Toombs v Bridging Loans [2017] EWCA Civ 205, instructed by a lender in a case arising out of a valuer's negligence. The case concerned the Nykredit line of authority, considering the largely untested question of how to assess the date of damage in security valuation claims. Thomas previously appeared, unled, in the High Court appeal (Bridging Loans Limited v Toombs [2014] EWHC 4566 (QB)) and at the first instance hearing in front of the High Court Master.
In 2016 Thomas was instructed in a High Court dispute concerning the refusal of a global insurance company to allow an insured to instruct an international law firm under the terms of before-the-event legal expenses insurance. This is one in a long series of cases Thomas has acted in following his instruction as junior counsel at both High Court (Brown Quinn v Equity Syndicate [2011] EWHC 2661 (Comm); [2012] 1 All E.R. 778) and Court of Appeal in Brown-Quinn v Equity Syndicate Management Ltd [2012] EWCA Civ 1633; [2013] 1 WLR 1740, described by Burton J as a "test case" on the application of LEI. The case created widespread interest in the legal market and media including articles in The Lawyer, Law Gazette and The Post Online.
Further cases in which Thomas has acted include W v HC where he represented the executor of an estate in a High Court breach of contract claim which resulted in a six figure settlement; Aslam v Camelot plc in which he represented the Defendant in a Norwich Pharmacal application by the Claimant for disclosure of the details of a National Lottery winner; Penycate v Wembley National Stadium in which he represented Wembley stadium in a County Court breach of contract claim; and Revenue & Customs Comrs v Benchdollar [2009] EWHC 1310 (Ch) [2010] 1 All E.R. 174 in which he acted as second junior counsel for HMRC at the pre-trial stages of a multi million pound NIC claim.
Thomas also has experience of acting in cases under the Arbitration Act 1996 and has received in-house arbitration training and in-house mediation training.
Thomas previously sat for many years on the COMBAR Equality & Diversity Committee and has previously attended the COMBAR North America conference, assisting Colin Edelman QC speaking on the topic of the Bermuda Form.