Tom Mountford

Acting for a management shareholder resisting a winding up petition brought against an investment fund on just and equitable grounds.  The petitioner alleges various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the Fund.  Led by Andrew Hunter QC, with Carmine Conte. 

Acting for management shareholders resisting winding up petitions brought on just and equitable grounds against three investment fund companies.  The petitioners contend that serious misconduct (including misuse of assets, fraud and charging of unlawful fees) occurred in relation to the Funds in which in excess of USD300 million have been invested.  The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the Fund.  Led by Tom Weisselberg QC, also with Carmine Conte and Marlena Valles. 

Successfully defended a heavy pre-action disclosure application made by one individual and two corporate applicants for disclosure of broad categories of documents from their former financial advisors and private office service providers.  The High Court dismissed the application in its entirety, finding that the jurisdictional threshold requirement that the documents sought would fall within the scope of standard disclosure if proceedings had started was not met and that the balance of convenience pointed firmly against granting the disclosure sought.  The proceedings also involved a successful cross-application to strike out the pre-action disclosure application to the extent it contravened applicable arbitration agreements, leading those parts of the pre-action disclosure application to be abandoned.  The High Court ordered the applicants to make a payment of £500,000 on account of costs.  Led by Andrew Hunter QC. 

Acted for the successful Appellant, Fine Lady Bakeries in this appeal against orders for summary judgment in an electricity oversupply dispute and emphasised that a Court is required to bring its independent judgment to bear in determining a disputed issue or claim and cannot simply adopt a party’s skeleton argument as containing the Court’s reasoning.

Acting for over 100 individual claimants, bringing claims of fraudulent misrepresentation and conspiracy against investment companies and their controlling minds in respect of film investment schemes marketed as tax-efficient investments (and subject to litigation between HMRC and the Ingenious Group, recently in a decision of the Upper Tribunal).  Led by Robert Anderson QC, with Andrew Trotter.

A substantial High Court (Chancery Division, Fancourt J) judgment resolving a shareholder dispute between the co-owners of the Premier League football club, Sheffield United, following an expedited trial heard over 5 weeks in the summer of 2019.

The Court upheld the rights of HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Al Saud to obtain 100% control of the football club and has ordered Sheffield United Limited (the corporate vehicle of Kevin McCabe and the McCabe family) to specifically perform its obligation to transfer its 50% stake in the Club to Prince Abdullah’s company, UTB LLC.  The Court also dismissed the unfair prejudice petition brought by SUL under section 994 of the Companies Act 2006 and SUL’s claims in conspiracy, including the serious allegations of bribery and fraudulent conduct made against Prince Abdullah and others. In reaching his judgment, Mr Justice Fancourt rejected SUL’s claim that the parties were engaged in a quasi-partnership or that the investment agreement between them was subject to implied duties of good faith.

Click here to read the full judgment. 

Tom acted for the successful parties: UTB LLC, Prince Abdullah and others 

Advising a Defendant company in respect of a claim exceeding $10 million by which the Defendant is alleged to owe commissions in respect of the securing of incentives.

Acting as sole counsel for the Defendants in respect of claims brought for sums allegedly payable under contracts for sale and guarantees in respect of the acquisition of several restaurants in a major restaurant franchise. Settled before trial. 

Acted as sole counsel for the Defendant in successfully setting aside default judgment in a claim against the defendant national airline of Azerbaijan for seven-figure alleged unpaid commissions on the purchase of commercial aircraft from Air Berlin.

Acting for the Claimant football agency in multi-million euro claims of procuring breach of contract/poaching a senior employee against the French League One Football Club Stade Rennais F.C.  Listed for trial in 2020.  Led by Paul Goulding QC. 

Acting for a number of the Defendants in Commercial Court proceedings based on allegations of fraudulent misrepresentation, with Robert Howe QC.

Acting for the Claimant in a contractual claim for repudiatory breach of a distribution agreement.  Successfully obtained an unless order requiring better particulars of a counterclaim to rectification, following service of an RFI, which counterclaim was ultimately struck out for non-compliance with the unless order, with Robert Anderson QC.

Acting for Respondent to a Part 8 claim concerned the proper construction of the Articles of Association of a limited company, with Andreas Gledhill QC. 

Acting for the Claimant in a long-running dispute between two Russian business people concerning the operation of multimillion euro property investment in Morocco. Led by Andrew Green QC and Andrew George QC, Tom acted for the Claimant in her successful appeal to the Court of Appeal against the stay of the claim on forum non conveniens grounds and successful cross applications in the Commercial Court resisting summary judgment/strike out, obtaining permission to amend and resisting the bringing of a further stay application. Case continuing in the Commercial Court.

Acted as sole counsel for the claimant in a two week civil fraud trial, concerning allegations of a multi-headed conspiracy between the four defendants, and involving allegations of bribery and dishonest assistance in breach of trust (settled by consent during trial).

Acted for the respondent to an unfair prejudice petition, with Andreas Gledhill QC. 

Acted for the Claimant in two linked LCIA arbitrations in a high-value multi-jurisdictional dispute arising in the hospitality industry, involving related civil and criminal proceedings in other jurisdictions.

Acted for the Claimants, led by Barbara Dohmann QC, in an £8.7million damages claim in respect of the fraudulent operation of letters of credit in the pharmaceutical sector. 

Acted for the Claimant as sole counsel in successfully obtaining a Norwich Pharmacal Order requiring a bank to identify holders of bank accounts used fraudulently to divert payments from the Claimant company.

Acted as for the third party asset finance house in the trial of a product quality dispute in the Technology and Construction Court.

Acted for Ecotricity as sole counsel in an I.T. dispute brought in the Technology and Construction Court, settled before trial. 

Acted as junior counsel for the Claimants in a multi-million pound action in deceit and solicitors’ negligence, settled out of court shortly before trial, with Andrew Hunter QC. 

Acting for HMRC, with Mark Vinall, in relation to two substantial cases of missing trader fraud.

Acted as sole counsel for the Respondent, successfully resisting the Claimant’s application for Norwich Pharmacal relief against Camelot in support of an action in fraud.  The case involved consideration of the interplay between the statutory and licence obligations on Camelot as the operator of the National Lottery and the Court’s discretionary powers to grant Norwich Pharmacal relief. 

Successfully acted for the Claimant as sole counsel in a three day trial relating to a claim and counterclaim in conversion and for monies owed under two hire-purchase agreements, involving issues relating to the Consumer Credit Act 1973.

Represented a finance company in committal proceedings for contempt of court, for breach of a court order.  

Acting for a management shareholder resisting a winding up petition brought against an investment fund on just and equitable grounds.  The petitioner alleges various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the Fund.  Led by Andrew Hunter QC, with Carmine Conte. 

Acting for management shareholders resisting winding up petitions brought on just and equitable grounds against three investment fund companies.  The petitioners contend that serious misconduct (including misuse of assets, fraud and charging of unlawful fees) occurred in relation to the Funds in which in excess of USD300 million have been invested.  The case has also involved various interlocutory applications including pending heavy applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the Fund.  Led by Tom Weisselberg QC, also with Carmine Conte and Marlena Valles. 

Successfully defended a heavy pre-action disclosure application made by one individual and two corporate applicants for disclosure of broad categories of documents from their former financial advisors and private office service providers.  The High Court dismissed the application in its entirety, finding that the jurisdictional threshold requirement that the documents sought would fall within the scope of standard disclosure if proceedings had started was not met and that the balance of convenience pointed firmly against granting the disclosure sought.  The proceedings also involved a successful cross-application to strike out the pre-action disclosure application to the extent it contravened applicable arbitration agreements, leading those parts of the pre-action disclosure application to be abandoned.  The High Court ordered the applicants to make a payment of £500,000 on account of costs.  Led by Andrew Hunter QC. 

Acting for over 100 individual claimants, bringing claims of fraudulent misrepresentation and conspiracy against investment companies and their controlling minds in respect of film investment schemes marketed as tax-efficient investments (and subject to litigation between HMRC and the Ingenious Group, recently in a decision of the Upper Tribunal).  Led by Robert Anderson QC, with Andrew Trotter.

Represented a finance company in committal proceedings for contempt of court, for breach of a court order.  

Acting for HMRC, with Mark Vinall, in relation to two substantial cases of missing trader fraud.

Acted as junior counsel for the Claimants in a multi-million pound action in deceit and solicitors’ negligence, settled out of court shortly before trial, with Andrew Hunter QC. 

Acted for the Claimant as sole counsel in successfully obtaining a Norwich Pharmacal Order requiring a bank to identify holders of bank accounts used fraudulently to divert payments from the Claimant company.

Acted for the Claimants, led by Barbara Dohmann QC, in an £8.7million damages claim in respect of the fraudulent operation of letters of credit in the pharmaceutical sector. 

Assisting the British Recorded Music Industry in respect of applications for blocking injunctions against internet service providers under section 97A of the Copyright, Designs & Patents Act 1988 requiring them to block their subscribers’ access to bit torrent websites facilitating the wrongful download of music, television programmes and films in breach of copyright.

Acted as sole counsel for the claimant in a two week civil fraud trial, concerning allegations of a multi-headed conspiracy between the four defendants, and involving allegations of bribery and dishonest assistance in breach of trust (settled by consent during trial).

Acting for the Claimant in a long-running dispute between two Russian business people concerning the operation of multimillion euro property investment in Morocco. Led by Andrew Green QC and Andrew George QC, Tom acted for the Claimant in her successful appeal to the Court of Appeal against the stay of the claim on forum non conveniens grounds and successful cross applications in the Commercial Court resisting summary judgment/strike out, obtaining permission to amend and resisting the bringing of a further stay application. Case continuing in the Commercial Court.

Acting for a number of the Defendants in Commercial Court proceedings based on allegations of fraudulent misrepresentation, with Robert Howe QC.

Tom acted as sole counsel for the F.A. successfully obtaining a stay of civil proceedings brought against the F.A. in favour of Rule K arbitration.

Acted for the Claimant in two linked LCIA arbitrations in a high-value multi-jurisdictional dispute arising in the hospitality industry, involving related civil and criminal proceedings in other jurisdictions.

Successfully acted as sole counsel for a sport’s governing body in an arbitral challenge brought by a league club to the application of a points deduction for fielding an ineligible player which had the effect of relegating the club.

Acting for the Claimant football agency in multi-million euro claims of procuring breach of contract/poaching a senior employee against the French League One Football Club Stade Rennais F.C.  Listed for trial in 2020.  Led by Paul Goulding QC. 

Acted for the Claimants in a 6 day employment tribunal hearing of their claim for unfair dismissal against the Respondent bank in respect of gross misconduct dismissals relating to participation in investment schemes, involving connected criminal proceedings.

Tom was instructed as the independent legal advisor of a Chinese employee of a branch office in London, in respect of a without prejudice mediation between the employee and her employer concerning health and performance issues. Tom used his Chinese language skills in advising the employee and arriving at a mediated settlement. The case involved sensitive issues of mental health. 

Acting for the Claimant in respect of threatened proceedings concerning pension loss.

Successfully acted for the Claimant in a 5 day employment tribunal hearing for direct discrimination on the basis of perception of disability and unfair dismissal, involving issues of mental health.  Remedy settled by consent.

Successfully acted for the Claimant in her claims of unfair and wrongful dismissal in respect of her dismissal for purported gross misconduct by the Respondent private operator of a school for children with special behavioural and emotional needs in respect of the use of a physical restraint on a student in the context of a violent incident within the classroom.

Successfully represented the Claimant in a claim for unlawful deduction from wages in the context of a start-up joint venture.

Acted for the first respondent in a constructive dismissal claim brought in the Employment Tribunals, in circumstances where connected proceedings involved allegations of theft, falsification of documents to the Court and sexual harassment.

An independent Panel of the IAAF Ethics Board partially upheld charges against the President of the UAE Athletics Federation and former World Athletics (previously IAAF) Council member, Ahmad Al Kamali. The Panel imposed a sanction upon Mr Al Kamali of a ban from the sport for 6 months, fined him €5,000 and ordered him to pay €15,000 in costs. Tom acted as Legal Secretary to the Panel of the IAAF Ethics Board.

Tom acted for the International Canoe Federation before the Court of Arbitration for Sport. The Court issued an award in relation to the governance of the sport of Stand-Up Paddleboard. The Panel unanimously rejected the International Surfing Association’s claim to an exclusive right to govern the sport at world level.

Acted for South Shields FC in their legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic.  

A substantial High Court (Chancery Division, Fancourt J) judgment resolving a shareholder dispute between the co-owners of the Premier League football club, Sheffield United, following an expedited trial heard over 5 weeks in the summer of 2019.

The Court upheld the rights of HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Al Saud to obtain 100% control of the football club and has ordered Sheffield United Limited (the corporate vehicle of Kevin McCabe and the McCabe family) to specifically perform its obligation to transfer its 50% stake in the Club to Prince Abdullah’s company, UTB LLC.  The Court also dismissed the unfair prejudice petition brought by SUL under section 994 of the Companies Act 2006 and SUL’s claims in conspiracy, including the serious allegations of bribery and fraudulent conduct made against Prince Abdullah and others. In reaching his judgment, Mr Justice Fancourt rejected SUL’s claim that the parties were engaged in a quasi-partnership or that the investment agreement between them was subject to implied duties of good faith.

Click here to read the full judgment. 

Tom acted for the successful parties: UTB LLC, Prince Abdullah and others 

Acting as sole counsel for the RFU in an anti-doping dispute concerning issues of the entitlement of NADOs and governing bodies to process personal data in connection with the detection of doping violations.

Acting for Sunderland in a dispute as to the status of the player Ricardo Alvarez and the commercial rights as between Inter Milan and Sunderland under a loan agreement, led by Ian Mill QC. 

Acted for the international governing body for gymnastics in successfully striking out a personal injury claim brought against it on the basis that no relevant duty of care existed between the competitor and the FIG.

Acted for Nicolas Anelka, led by Pushpinder Saini QC, in his two-day disciplinary hearing before an FA Regulatory Commission in respect of his use of the Quenelle gesture during a Premiership Match.  This high profile case involved questions of expert evidence and consideration of the correct approach to the F.A.’s revised regulations concerning aggravated misconduct connected to ethnic origin, race, religion or belief. 

Acting for a Chinese football club in a financial dispute with its former player.

Acted as sole counsel for the First Defendant in an action for breach of contract and unlawful means conspiracy, successfully obtaining an order for security for costs against the Claimant.

Acted as sole counsel for the BBBofC successfully defending the Board against a claim by the promoter Frank Warren that the Board had acted in breach of contract in its conduct of a purse bid competition for the promotion of the British Middleweight Championship. 

Acted for the F.A., led by Adam Lewis QC, in its successful defence of an appeal by DRB LFC to an Independent Appeals Panel against the outcome of a tendering and selection process run by the F.A. for a two-tier Women’s Super League for elite women’s football in England.  The case involved the application of developments in civil case law on the circumstances when silence and continued participation in a process constitute a waiver of the right to object to the composition of a decision-making panel.

Successfully acted as sole counsel for a sport’s governing body in an arbitral challenge brought by a league club to the application of a points deduction for fielding an ineligible player which had the effect of relegating the club.

Tom acted as sole counsel for the F.A. successfully obtaining a stay of civil proceedings brought against the F.A. in favour of Rule K arbitration.

Acted for an athlete in a sanctions hearing before the National Anti-Doping Panel in respect of the athlete’s positive test for a prohibited stimulant.  The case involves interesting issues of the correct approach to sanctioning framework in respect of supplement use.

Advised Cricket Ireland and the Associate Members of the Cricket World Cup on the legal implications of the ICC’s decision to limit participation in the 2015 Cricket World Cup to the ten full members of ICC.  Following representations to the ICC Executive Board, the ICC reversed its decision and decided that the 2015 World Cup should be a 14 team competition.  Led by Lord Pannick QC.

Junior Counsel for the WRU, successfully defending the Union in an expedited three-day trial before Jack J, concerning claims brought against it by Pontypool RFC for breach of non-statutory duty and breach of contract in relation to the reorganization of the Welsh Premier Division.  Successfully resisted further subsequent applications by Pontypool for declarations and an issue based costs award. Led by Adam Lewis QC.  

Successfully represented Havant in an appeal before the English Hockey Appeal Panel in relation to a finding that Havant had breached the Men’s English Hockey League Regulations and the subsequent imposition of a points deduction and financial penalty.

Acted as Junior Counsel for the British Boxing Board of Control defending claims brought against the Board by the FLB and a number of licence holders that the BBBC’s intention to bring disciplinary proceedings in respect of the Hayes/Chisora fight constitute a breach of European and/or domestic competition law. Led by Adam Lewis QC.

Acted for Herts F.A. successfully resisting a claim that the association should be held vicariously liable for an alleged assault on a spectator by a match official. 

Acted for the F.A. successfully obtaining summary judgment dismissing a claim brought against it by a spectator on the basis that the F.A. owed him a duty of care as a travelling home spectator in relation to a breakdown of crowd control at the 2007 Champions League Final in Athens.

With Adam Lewis QC and Tom Richards, Tom assisted Leyton Orient in its judicial review applications in relation to Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law).

Acted for South Shields FC in their legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic.  

Tom acted for Christie Elan-Cane in a claim challenging the legality of the UK Government’s policy refusing to issue non-gender-specific “X” passports to UK nationals. The Administrative Court dismissed the claim that the Government presently has a positive obligation under Article 8 to provide such ‘X’ passports (and the other grounds of challenge), however, the Court recognised that the Claimant’s Article 8 rights were engaged and that the Claimant’s right to respect for private life includes a right to respect for the Claimant’s identification as non-gendered. This is the first time the UK courts have recognised that the right to respect for an individual’s private life guaranteed by Article 8 ECHR includes the right to respect for the gender identity of non-gendered, intersex, trans and non-binary people identifying as neither, or not exclusively, male or female. The Court also ruled that it is necessary for the Government to consider the extent to which other identities both within and beyond the binary concept of gender are to be recognised, and if so on what basis. 

Acted as junior counsel for Ofgem in the first appeals to the Competition and Markets Authority under the new statutory licence modification process applicable to the UK energy sector, in respect of the price control for electricity distributors up to 2023, with Alan Maclean QC, Pushpinder Saini QC, Jane Collier, Hanif Mussa and Tom Coates

Acting as sole counsel for a company seeking to resist third party disclosure orders in support of the Claimant’s application for judicial review of a decision of the Secretary of State.

Acted as junior counsel for the Defendant, led by Javan Herberg QC, in this case which concerned the proper approach of Ofgem as the national regulatory authority to the imposition of third party access duties flowing from a new European law regime in respect of exempt electricity distribution systems.

Acted for the Defendants, led by Richard Keen QC, resisting the Claimants’ constitutional and common law claims in respect of the closure of a portion of the West Bay Road on Grand Cayman and redevelopment of the surrounding land.

Acted as sole counsel for the Defendant in successfully resisting the Claimant’s application for judicial review of an investigation into the relevant local police force’s arrest of the Claimant.

Advising Ofgem on its extensive investigation into the functioning and reform of the domestic retail energy market.

With Adam Lewis QC and Tom Richards, Tom assisted Leyton Orient in its judicial review applications in relation to Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law).

Tom acted for Christie Elan-Cane in a claim challenging the legality of the UK Government’s policy refusing to issue non-gender-specific “X” passports to UK nationals. The Administrative Court dismissed the claim that the Government presently has a positive obligation under Article 8 to provide such ‘X’ passports (and the other grounds of challenge), however, the Court recognised that the Claimant’s Article 8 rights were engaged and that the Claimant’s right to respect for private life includes a right to respect for the Claimant’s identification as non-gendered. This is the first time the UK courts have recognised that the right to respect for an individual’s private life guaranteed by Article 8 ECHR includes the right to respect for the gender identity of non-gendered, intersex, trans and non-binary people identifying as neither, or not exclusively, male or female. The Court also ruled that it is necessary for the Government to consider the extent to which other identities both within and beyond the binary concept of gender are to be recognised, and if so on what basis. 

Tom worked as part of a team of UK and Singapore based lawyers, challenging before the Singapore Court of Appeal the criminalization of consensual same sex sexual conduct between adult men under s 377A of the Singapore Penal Code as incompatible with the Singaporean Constitution.

Acted as Junior Counsel for the applicant in a challenge to the criminalization of homosexuality in Northern Cyprus, before the European Court of Human Rights for breach of, inter alia, the rights to private and family life and against degrading treatment.  As a result of the claim, the Northern Cyprus Parliament repealed the criminalization (the last criminalization of consensual same sex sexual conduct in Europe) and the Court was dismissed by consent. Led by Nigel Pleming QC.

Acted as sole counsel advising a major University on the conformity of its student disciplinary procedures with Article 6 ECHR and principles of natural justice and on potential options for reform.

Advised a large charity on whether any of it functions constitute functions of a public nature for the purposes of the HRA 1998, with Dinah Rose QC.

Acted as junior counsel for the Defendant, led by Tom de la Mare QC, in a successful application to strike out complex proceedings concerning allegations of tampering with musical recordings by the Defendant company, a part of the Naxos classical music label, for abuse of process/conduct likely to obstruct the just disposal of proceedings and/or for breach of Court Orders and/or CPR r. 1.3.

Assisting the British Recorded Music Industry in respect of applications for blocking injunctions against internet service providers under section 97A of the Copyright, Designs & Patents Act 1988 requiring them to block their subscribers’ access to bit torrent websites facilitating the wrongful download of music, television programmes and films in breach of copyright.

Acted for the Defendant in respect of a contractual dispute about the quality of two video shoots abroad for a promotional campaign for a major consumer brand.  Settled before trial. 

Successfully acted for the Claimant in a contractual dispute between a film production company and a location agent.

Advised in respect of chain of title issues in respect of creative works.

Advising a company in the telecommunications and media sector in respect of potential claims for refusal to supply and/or abuse of a dominant position contrary to Chapter II of the Competition Act 1998, with Pushpinder Saini QC.

Acted as junior counsel for the Defendant, led by Javan Herberg QC, in this case which concerned the proper construction of domestic implementing regulations in respect of obligations flowing from a European Directive, under Marleasing interpretative principles.

Acted as sole counsel advising a trade union on whether certain practices give rise to liability in respect of the cartel offence under section 188 Enterprise Act 2002 or as a price-fixing agreement contrary to Article 101 TFEU/Chapter I Competition Act 1998 prohibition.

Acted as sole counsel for the First Defendant in an action for declaratory relief that the First Defendant had breached European and/or domestic competition law in its application of international rules on the exhibiting and grading of stamps.  Tom successfully obtained an order that the proceedings be stayed and struck out unless the Claimant showed that the relevant international governing body had been properly joined to the claim or that fresh proceedings had been brought against the international governing body and an application to consolidate the proceedings made.

Appeal against the fine imposed by the OFT following the OFT’s findings of a cartel in the construction industry.  (Assisting Tom de la Mare QC).