Year of Call: 1988
Year of Silk: 2010

Profile

Tom Leech has a wide practice that encompasses commercial litigation, professional negligence, company and property litigation. His off-shore practice includes Bermuda, Gibraltar, Guernsey and the British Virgin Islands. He appeared in the Thyssen Continuity Trust litigation in the Supreme Court of Bermuda and his reported cases include the House of Lords decisions Target v Redferns, Mannai v Eagle Star and Riverside Housing Association v White. He is an accredited mediator. He is also one of the authors of Flenley & Leech on Solicitors’ Negligence, a co-editor of Spencer Bower: Estoppel by Representation and he contributed the chapters on Estoppel, Undue Influence, Penalties and Forfeitures and Powers to the last edition of Snell’s Equity.

Specific Practice Areas

Arbitration, Expert Determination and Mediation

Wide experience of all forms of alternative dispute resolution including group litigation of 400 professional indemnity claims arising out of a fraudulent investment scheme (as advocate) and expert determination of indemnity disputes under the Law Society’s Minimum Terms. Notable cases include SEB Trygg v Manches [2005] 2 Lloyds Rep 129 (Gloster J) and [2006] 1 WLR 2276 (CA).

Commercial Chancery Litigation

Commercial contract disputes, claims for breach of directors' duties, minority shareholders' actions and derivative claims under the Companies Act 2006, enforcement of directors’ duties, contentious trust proceedings and equitable remedies. Notable cases include Grand Metropolitan PLC v William Hill Group Ltd [1997] 1 BCLC 390 (rectification, breach of warranty), UCB Corporate Services Ltd v Thomason [2005] 1 All ER (Comm) 601 (CA, misrepresentation), Chilli Developments Ltd v Commission for New Towns [2008] EWHC 1310 (QB); (2008) NPC 72 (lock-out agreements, duty of good faith). Also specialises in professional negligence claims with technical company law issues.

Fraud: Civil

Misrepresentation, constructive trusts and asset tracing. Notable cases include 4 Eng Ltd v Harper [2008] 3 WLR 892 (the principles of assessment of damages for fraud). Also specialises in claims against professionals arising out of fraud (and, in particular, mortgage, conveyancing and corporate fraud).

International & Offshore

Contentious trust disputes, asset tracing and insolvency proceedings in offshore jurisdictions. Also specialises in indemnity claims against UK professionals in relation to the drafting, establishment and management of offshore trusts and other institutions. Notable cases include Thyssen-Bornemisza v Thyssen-Bornemisza (Bermuda) and International Lease Finance Corp v Flightlease (Guernsey) (fraud and asset tracing claims arising out the collapse of Swissair).

Professional Negligence & Indemnity

Professional negligence, coverage disputes and associated disciplinary proceedings including directors, solicitors, accountants, surveyors and valuers. Notable cases include: Target Holdings Ltd v Redferns [1996] AC 421, Nationwide BS v Various Solicitors [1999] Lloyds Rep PN 235, Electra Private Equity Partners v KPMG Peat Marwick [2001] 1 BCLC 589, SEB Trygg v Manches [2006] 1 WLR 2276, Redbus LMDS Ltd v Jeffery Green & Russell [2007] PNLR 12 and the TAG litigation coverage dispute. Co-author of Flenley & Leech on Solicitors’ Negligence 2nd ed (2008).

Real Estate Litigation

Landlord and tenant (rent reviews, lease renewals, the enforcement of leasehold covenants, leasehold reform); real property (conveyancing, including options, development agreements, easements and restrictive covenants) real property. Also specialises in professional negligence claims arising out of property transactions. Notable cases include Mannai Investments Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749, KPMG LLP v Network Rail Infrastructure Ltd [2008] 1 P&CR 187 (CA) and Riverside Housing Association v White [2007] 4 All ER 97 (HL).

Publications
Lender Claims, Contributor

Memberships
Chancery Bar Association
Professional Negligence Bar Association
Property Bar Association

Qualifications
Wadham College, Oxford (1982-86: Major Scholar; 1986: BA, Jurisprudence (1st Class), 1987: BCL, MA)
Middle Temple (1988: Harmsworth Major Scholar, winner of the Astbury Prize)
Accredited Mediator  (2004)

Chambers UK
Chancery - Commercial: "Clients know they can rely on Thomas Leech, who “delivers outstanding work on time.” "User-friendly and a good tactician,” he recently appeared in SEB v Manches, a breach of warranty of authority, and KPMG v Network Rail, an important case looking at the construction of a lease" (2009)

Chambers UK
Professional Negligence: "recently co-authored a well-received book on solicitors’ negligence with William Flenley of Hailsham Chambers. His “fantastic knowledge and breadth of experience,” allied to “strong technical skills and fine client handling,” make him a desirable proposition for solicitors. Peers see him as a “worthy opponent who always covers all aspects of a case.” His high-profile cases include the TAG litigation, SEB v Manches and the defence of a High Court judge." (2009)

Chambers UK
Real Estate Litigation: "Commentators feel that Thomas Leech “will go far.” Disputed break clauses and the interpretation of tenancy agreements are just some examples of the work he undertakes in a practice with a strong professional negligence flavour." (2009)

UK Legal 500
Professional Negligence, Property Litigation

Legal Experts
Commercial Litigation, Professional negligence, Property