Tom Leary

Acting for an HNWI in an unlawful means conspiracy claim, arising from an investment visa scheme.

Representing clients in an urgent injunction application under s.44 of the Arbitration Act 1996 to restrain Russian proceedings pursued in breach of an arbitration agreement and aimed at frustrating an order of an emergency arbitrator (with Andrew George KC).

Acting for an asset-holding entity and an operator of business properties suing two related entities for debts owing under two complex loan note instruments.

Acting for a biotech company in an IP dispute relating to COVID-19 vaccines (with Michael Bloch KC).  

Acting for the vendors of shares in companies holding copper and nickel assets in South America, in a dispute with a mining company following the purported termination of two SPAs (with Andrew Green KC and Andrew Scott KC).  

Acting for two EPC contractors in a commercial court dispute over refusals by European banks to pay EUR 200m to Eurochem pursuant to various Bonds, on the basis that it is controlled by a sanctioned person and to do so would breach EU sanctions law. The case raises important issues as to the application of Ralli Bros and public policy issues (with Alan Maclean KC).

Acting in an appeal against a finding of breach of an anti-suit injunction. The appeal raised issues as to the proper construction of court orders and the scope of arbitration clauses (with Alan Maclean KC).

Acting for the former Chairman of the Management Board of Bank Otkritie, defending claims by two state-owned Russian banks concerning allegedly harmful refinancing transactions involving the O1 Group and for the Mints Family amounting to US$600 million (with Tom Weisselberg KC).

Acting for a State Gas Company in a dispute with its supplier under a long-term LNG Sale and Purchase Contract, arising from a supply failure and Russian restrictions on gas exports.

Acting for a former director of Carillion in widely reported director disqualification proceedings relating to that firm's collapse (with Andrew George QC).

Acting in a commercial dispute between a major international sports organisation and its joint venture partner (with Tom Hickman KC). 

Advising a Ukrainian Fund as to the forum conveniens implications of the war in Ukraine. 

Acting for a global financing company faced with an application for an anti-suit injunction to restrain insolvency proceedings in Singapore said to have been commenced in breach of an arbitration clause (with Tony Peto KC).

Acting for a businessman and investor in a dispute between commercial partners relating to the acquisition and management of foreign property portfolios. 

Acting for a property developer in a dispute with its business partner about the existence and effect of a profit share agreement. 

Acting for an agent in a multi-million pound arbitration dispute with a Premier League Footballer under Rule K, concerning agency services and the exploitation of image rights (with Nick De Marco KC). 

US$1.6bn arbitration relating to allegations of conspiracy and breaches of a joint venture agreement for the construction and operation of a grain terminal.

Acting for an investment company to obtain WFOs and ancillary relief (including disclosure, enforcement abroad, cross-examination, and the issue of a bench warrant) in support of UAE proceedings against an Iranian businessman.

Acted in an appeal to the Singapore Court of Appeal against a US$8m+ judgment concerning a natural gas development (with local counsel).

Acted for the buyers in an appeal under section 69 of the Arbitration Act 1996 concerning a US$9m+ award under a framework agreement for the construction of a self-elevating lift boat.

Acted for an international telecommunications company in an ICC arbitration (US$7m+) concerning a sponsorship dispute with a Premier League football club.

Sole counsel for the successful bank in resisting a claim that it owed a duty of care to protect a non-customer against authorised push payment fraud. The case raised important issues about the extent of the common law obligations of retail banks to fraud victims and issues of unjust enrichment.

Acted for the company of a Russian oligarch in a construction dispute over a mansion development project, including applications for pre-action disclosure and resisting enforcement of an adjudication decision on the basis of suspected fraud.

Acted for a supplier of Indonesian thermal coal against a South Korean coal trader in a SIAC arbitration (US$6m+) following the buyer’s refusal to take further shipments under a nine-month supply contract.

Acting as junior counsel in the Waterfall III litigation, arising from an application for directions in the Lehman Brothers insolvency and raising issues of contributory rights, fiduciary duties and recharge liabilities.

Acting for Joint Liquidators in a £7m+ claim against a co-surety under a facility agreement and a guarantee and indemnity.

Enforcement proceedings for a Romanian bank following complex international frauds amounting to US$133m+.

Acting for an investment company to obtain WFOs and ancillary relief (including disclosure, enforcement abroad, cross-examination, and the issue of a bench warrant) in support of UAE proceedings against an Iranian businessman

Representing clients in an urgent injunction application under s.44 of the Arbitration Act 1996 to restrain Russian proceedings pursued in breach of an arbitration agreement and aimed at frustrating an order of an emergency arbitrator (with Andrew George KC).

Acting for a biotech company in an IP dispute relating to COVID-19 vaccines (with Michael Bloch KC).  

Acting in an appeal against a finding of breach of an anti-suit injunction. The appeal raised issues as to the proper construction of court orders and the scope of arbitration clauses (with Alan Maclean KC).

Acting for a State Gas Company in a dispute with its supplier under a long-term LNG Sale and Purchase Contract, arising from a supply failure and Russian restrictions on gas exports.

Acting for an investor in relation to investor-state arbitration claims following State interference with marble quarrying rights and interests.

Acting for a global financing company faced with an application for an anti-suit injunction to restrain insolvency proceedings in Singapore said to have been commenced in breach of an arbitration clause (with Tony Peto KC).

Acting for an agent in a multi-million pound arbitration dispute with a Premier League Footballer under Rule K, concerning agency services and the exploitation of image rights (with Nick De Marco KC). 

US$1.6bn arbitration relating to allegations of conspiracy and breaches of a joint venture agreement for the construction and operation of a grain terminal.

Acting for the buyers in a six-week LMAA arbitration (US$380m+) following the termination of a construction contract for a semi-submersible drilling rig.

Acting for an international telecommunications company in an ICC arbitration (US$7m+) concerning a sponsorship dispute with a leading Premier League football club.

Sole counsel for the successful Owners in an LMAA arbitration concerning cancellation of a voyage under the COA following a fire at an ethylene plant.

Acted for the buyers in an appeal under section 69 of the Arbitration Act 1996 concerning a US$9m+ award under a framework agreement for the construction of a self-elevating lift boat.

Acting for developers in a six-week arbitration (US$200m+) against a Caribbean state for breach of a development agreement, expropriation of concessions, breaches of lease and defamation.

AIAC arbitration in Malaysia (RM37m+) concerning a dispute under a lump-sum FIDIC contract for earthworks.

UNCITRAL Arbitration (US$300m+) under a drilling services contract.

Sole counsel for sellers in a one-week (US$1m+) commodities arbitration in Singapore concerning complex issues of sub-agency and jurisdiction.

Acted for an international telecommunications company in an ICC arbitration (US$7m+) concerning a sponsorship dispute with a Premier League football club.

Acting for the buyers in an appeal under section 69 of the Arbitration Act 1996 concerning a US$9m+ award under a framework agreement for the construction of a self-elevating lift boat.

Acting for a supplier of Indonesian thermal coal against a South Korean coal trader in a SIAC arbitration (US$6m+) following the buyer’s refusal to take further shipments under a nine-month supply contract.

Sole counsel for the successful Owners in an LMAA arbitration concerning cancellation of a voyage under the COA following a fire at an ethylene plant.

Acting for owners in a six-week arbitration (US$7.5+) concerning damage to a chemical tanker following an explosion.

Acting for an HNWI in an unlawful means conspiracy claim, arising from an investment visa scheme.

Representing clients in an urgent injunction application under s.44 of the Arbitration Act 1996 to restrain Russian proceedings pursued in breach of an arbitration agreement and aimed at frustrating an order of an emergency arbitrator (with Andrew George KC).

US$1.6bn arbitration relating to allegations of conspiracy and breaches of a joint venture agreement for the construction and operation of a grain terminal.

Acting for the former Chairman of the Management Board of Bank Otkritie, defending claims by two state-owned Russian banks concerning allegedly harmful refinancing transactions involving the O1 Group and for the Mints Family amounting to US$600 million (with Tom Weisselberg KC).

Acting for an investment company to obtain WFOs and ancillary relief (including disclosure, enforcement abroad, cross-examination, and the issue of a bench warrant) in support of UAE proceedings against an Iranian businessman.

Sole counsel for the successful bank in resisting a claim that it owed a duty of care to protect a non-customer against authorised push payment fraud. The case raised important issues about the extent of the common law obligations of retail banks to fraud victims and issues of unjust enrichment.

Acted for the company of a Russian oligarch in a construction dispute over a mansion development project, including applications for pre-action disclosure and resisting enforcement of an adjudication decision on the basis of suspected fraud.

Enforcement proceedings for a Romanian bank following complex international frauds amounting to US$133m+.

Acting for an investment company to obtain WFOs and ancillary relief (including disclosure, enforcement abroad, cross-examination, and the issue of a bench warrant) in support of UAE proceedings against an Iranian businessman

Acting for the Secretary of State in a judicial review challenge to his decision not to transfer a prisoner to open conditions.

Acting for the Secretary of State for Justice in resisting an application for judicial review arising from a decision to maintain a prisoner's Category A status.

Acting for Ofgem in a confidential matter relating to Capacity Market manipulation.

Advising an unincorporated association, to which ministerial powers have been delegated, on whether it is a public authority for the purposes of the Human Rights Act 1998 and the potential liaiblity of its members.

Advising investors bringing claims against Link Fund Solutions Ltd in relation to its alleged failure to supervise Neil Woodford’s fund and alleged breaches of the COLL Rules.

Acting for WASPI in challenging a PSHO report into injustices suffered by women as a result of maladministration by the DWP in communicating changed to the state pension age (with Tom Hickman KC).

Advising the Secretary of State for Levelling Up, Housing and Communities as to the use of powers under s.4A of the Local Government Act 1986 in relation to a local authority publication said to be in breach of the 1986 Act and the publicity code.

Advising the Financial Conduct Authority on aspects of the Financial Services and Markets Act 2000 and the Regulated Activities Order (with Monica Carss-Frisk QC).

Acting for a former director of Carillion in widely reported director disqualification proceedings relating to that firm's collapse (with Andrew George QC).

Advising on claims for unlawful detention and breach of Article 5, arising from immigration detention pending deportation and raising issues of torture and Rule 35 reports. 

Acting for the Treasury and for the UK Statistics Authority in a challenge to the decision to change the calculation method for RPI brought on behalf of UK gilt holders (with Sir James Eadie KC, Tom Hickman KC, and David Lowe)

Advising international organisations operating in Afghanistan on the scope of the humanitarian assistance exception in the Afghanistan (Sanctions) (EU Exit) (Amendment) Regulations 2022

Commercial judicial review challenging the traffic light system for categorising countries for the purposes of the Covid-19 travel restrictions and seeking the publication of information explaining the basis for categorising countries as green, amber and red, including an A1P1 claim (with Tom Hickman KC). 

Advising on the potential liability of an international charity to its institutional funders for potential fraud by its foreign partners.

Advising various NGOs and community groups on the potential illegality of bank loans amounting to US$1.8b+ to State-backed African companies.

Advising the Welsh Ministers on the compliance of Heritage Partnership Agreement regulations with Article 6 ECHR.

Representing the Welsh Ministers in successfully resisting an extended liberty to apply order which would have by-passed the normal permission stage for subsequent judicial reviews.

Acting for Latin American market traders at a public inquiry concerning a Compulsory Purchase Order pursuant to a controversial £60m+ redevelopment in Tottenham, raising issues of cultural, property and children’s rights.

Drafting communications to the UN Committee on the Elimination of Discrimination Against Women concerning sexual violence in South Sudan.

In relation to on-going foreign proceedings arising out of the Bhopal gas disaster in India in 1984.

Acting for the Secretary of State in a statutory appeal by an Indian national to the First-Tier Tribunal under s 82(1) Nationality, Immigration and Asylum Act 2002, concerning Articles 3, 6 and 8 ECHR and asylum.

Advising a company and local council as to a harbour authority’s powers, under the Harbours, Docks and Piers Clauses Act 1847 and other legislation, to restrict the installation of a recreational zip wire over the harbour area.

Advising a health and social care company about a dispute under two-subcontracts for the provision of care services to London boroughs.

Advising investors bringing claims against Link Fund Solutions Ltd in relation to its alleged failure to supervise Neil Woodford’s fund and alleged breaches of the COLL Rules.

Advising the Financial Conduct Authority on aspects of the Financial Services and Markets Act 2000 and the Regulated Activities Order (with Monica Carss-Frisk QC).

Acting for the former Chairman of the Management Board of Bank Otkritie, defending claims by two state-owned Russian banks concerning allegedly harmful refinancing transactions involving the O1 Group and for the Mints Family amounting to US$600 million (with Tom Weisselberg KC).

Advising a financial markets body on the meaning and scope of the words "domiciled in Russia" in Regulation 19A of the Russia (Sanctions) (EU Exit) Regulations 2019, to assist with determining which entities are "connected with Russia".

Acting for a former director of Carillion in widely reported director disqualification proceedings relating to that firm's collapse (with Andrew George QC).

Acting for two EPC contractors in a commercial court dispute over refusals by European banks to pay EUR 200m to Eurochem pursuant to various Bonds, on the basis that it is controlled by a sanctioned person and to do so would breach EU sanctions law. The case raises important issues as to the application of Ralli Bros and public policy issues (with Alan Maclean KC).

Advising a Ukrainian Fund as to the forum conveniens implications of the war in Ukraine. 

Advising a Cayman Islands trust and its investment manager on the implications of a majority investor being designated for the purposes of the Russia (Sanctions) (EU Exit) Regulation 2019 and the Russia (Sanctions) (Overseas Territories) Order 2020, including as to obtaining licences for redemption payments and ongoing asset management (with Jason Pobjoy). 

Advising a Jersey Trust as to the implications of restrictions on investments in relation to Russia and the provisions of professional and business services to persons connected with Russia. 

Sole counsel for the successful bank in resisting a claim that it owed a duty of care to protect a non-customer against authorised push payment fraud. The case raised important issues about the extent of the common law obligations of retail banks to fraud victims and issues of unjust enrichment.

Enforcement proceedings for a Romanian bank following complex international frauds amounting to US$133m+.

Acting for the Department for Transport in defending claims for misfeasance in public office arising from the detention of aircraft prior to the designation of their ultimate owner under the Russia Regulations 2019.

Acting for a bank in a section 38 challenge to a refusal of a licence under the Russia Regulations 2019, that had been applied for on the "extraordinary situation" ground.

Acting for an energy trading company to challenge a designation decision.

Acting for an investment company in challenging the refusal of a licence application.

Acting for two EPC contractors in a commercial court dispute over refusals by European banks to pay EUR 200m to Eurochem pursuant to various Bonds, on the basis that it is controlled by a sanctioned person and to do so would breach EU sanctions law. The case raises important issues as to the application of Ralli Bros and public policy issues (with Alan Maclean KC).

Acting for the Foreign Office in the one of the first court review challenges to a UK decision to sanction an individual.

Acting for the sixth defendant in relation to stay applications concerning the effect of UK sanctions on the ability of a sanctioned person to pursue litigation before the English courts, including whether the court is permitted to enter judgment in favour of a sanctioned person and whether the provision and payment of security for costs is licensable by OFSI.

Advising lenders, in relation to constructions projects in Myanmar, on the impact of UK and EU sanctions on various borrower guarantees.

Advising a financial markets body on the meaning and scope of the words "domiciled in Russia" in Regulation 19A of the Russia (Sanctions) (EU Exit) Regulations 2019, to assist with determining which entities are "connected with Russia".

Advising international organisations operating in Yemen on the scope and implications of the Yemen (Sanctions) (EU Exit)  Regulations 2020

Advising a Cayman Islands trust and its investment manager on the implications of a majority investor being designated for the purposes of the Russia (Sanctions) (EU Exit) Regulation 2019 and the Russia (Sanctions) (Overseas Territories) Order 2020, including as to obtaining licences for redemption payments and ongoing asset management (with Jason Pobjoy). 

Advising OFSI in relation to the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) EU Exit Regulations 2019

Advising a Jersey Trust as to the implications of restrictions on investments in relation to Russia and the provisions of professional and business services to persons connected with Russia. 

Advising a global anti-corruption NGO on the application of the UK's Magnitsky sanctions regime

Advising a commercial process agent on the implications of asset-freeze and trade prohibitions in the Russia (Sanctions) (EU Exit) Regulations 2019 on its business with Russian clients.

Advising a bond trustee on the impact of Regulation 18A of the Russia (Sanctions) (EU Exit) Regulations 2019 for its duties under a trust deed and as to how the OFSI imposes and calculates monetary penalties.

Advising a space technology company on the implications of the Russia (Sanctions) (EU Exit) Regulations 2019 for various joint venture, SPA, technology licence, and IP transfer proposals.

Advising a syndicate of international lenders under export finance facilities as to the impact of Russian sanctions.

Advising Guernsey trustees on the Russian sanctions implications of potential dealing with American Depositary Receipts representing shares in Russian companies.

Advising a global wine merchant on the impact of Russian sanctions on payments to bank accounts held with banks subject to asset freezes. 

Advising international organisations operating in Afghanistan on the scope of the humanitarian assistance exception in the Afghanistan (Sanctions) (EU Exit) (Amendment) Regulations 2022

Advising an unincorporated association, to which ministerial powers have been delegated, on whether it is a public authority for the purposes of the Human Rights Act 1998 and the potential liaiblity of its members.

Advising the Welsh Ministers on the compliance of Heritage Partnership Agreement regulations with Article 6 ECHR.

Acting for the Secretary of State in a statutory appeal by an Indian national to the First-Tier Tribunal under s 82(1) Nationality, Immigration and Asylum Act 2002, concerning Articles 3, 6 and 8 ECHR and asylum.

Commercial judicial review challenging the traffic light system for categorising countries for the purposes of the Covid-19 travel restrictions and seeking the publication of information explaining the basis for categorising countries as green, amber and red, including an A1P1 claim (with Tom Hickman KC). 

Acting for Latin American market traders at a public inquiry concerning a Compulsory Purchase Order pursuant to a controversial £60m+ redevelopment in Tottenham, raising issues of cultural, property and children’s rights.

Advising on claims for unlawful detention and breach of Article 5, arising from immigration detention pending deportation and raising issues of torture and Rule 35 reports. 

Advising OFSI in relation to the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) EU Exit Regulations 2019

Acting for an investor in relation to investor-state arbitration claims following State interference with marble quarrying rights and interests.

Advising an international organisation on the impact of the Treaty for the Establishment of the African Medicines Agency, and the extent to which it bolsters national regulatory agencies. 

Drafting communications to the UN Committee on the Elimination of Discrimination Against Women concerning sexual violence in South Sudan.

In relation to on-going foreign proceedings arising out of the Bhopal gas disaster in India in 1984.

Acting for developers in a six-week arbitration (US$200m+) against a Caribbean state for breach of a development agreement, expropriation of concessions, breaches of lease and defamation.

Acting for Latin American market traders at a public inquiry concerning a Compulsory Purchase Order pursuant to a controversial £60m+ redevelopment in Tottenham, raising issues of cultural, property and children’s rights.

Advising a professional boxer on the meaning and effect of an exclusive promotional agreement.

Acting for UK Athletics in various selection appeal proceedings regarding the Olympic World Class Programme.

Acting in a commercial dispute between a major international sports organisation and its joint venture partner (with Tom Hickman KC). 

Acting for a Premier League club in a Rule X arbitration concerning an application to register an international player (with Nick De Marco KC).

Advising a sports body as to the scope of its discretion in apply its rules and insolvency policy.

Acting for the FA in a sanctions appeal before the Independent Tribunal, brought by a football club under the FA Women's Competition Rules against a points deduction following an insolvency event said to have been caused by force majeure (including the COVID-19 pandemic and Brexit).

Acting for a Premier League Football Club in a dispute before the Managers' Arbitration Tribunal over entitlement to termination fees (with Nick De Marco KC)

Acted for an international telecommunications company in an ICC arbitration (US$7m+) concerning a sponsorship dispute with a Premier League football club.

Acting for an agent in a multi-million pound arbitration dispute with a Premier League Footballer under Rule K, concerning agency services and the exploitation of image rights (with Nick De Marco KC).