Thomas Bell

Introduction & Contact details

Tom became a tenant in October 2007 following his successful completion of pupillage in Chambers.  Details of specific areas of expertise and interest are set out below.

Qualifications

• BA (Hons) in Classics – Trinity College, Oxford (2000-2004)
• Post Graduate Diploma in Law (Distinction) – The College of Law, Guildford (2004-2005)
• Bar Vocational Course (Outstanding) – The College of Law, London (2005-2006)
• Lincoln’s Inn scholarships:
• 2006 – Wolfson (pupillage award)
• 2006 – Buchanan (for ‘Outstanding’ Bar Vocational Course result)
• 2005 – Lord Denning (major BVC award)
• 2004 – Hardwicke (entrance award)  

Professional Associations

• COMBAR
• London Common Law and Commercial Bar Association
• Lord Denning society

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   thomas.bell@hardwicke.co.uk

Commercial

Contracts lie at the heart of Tom's practice, and he receives instructions in a variety of contractual disputes. Specialist areas include sales of goods, hire purchase and asset finance (including consumer credit); banking; debt factoring and debt recovery; agency; professional negligence; construction and engineering; and franchising.

Construction & Engineering

Tom has a growing construction and engineering practice. His practice ranges from TCC claims, such as the well-publicised Bath Spa litigation and recently a multi-party dispute involving a defective HVAC installation, to county court claims involving domestic construction disputes. He has also been involved in a $100 million insurance arbitration arising from hurricane damage to various aspects of a construction project.

Recent work

• Acting for a contractor in a dispute about defective works at a residential property
• Acting for a subcontractor claiming unpaid sums from the main contractor

Trade

Tom has broad experience in trade disputes, both domestic and international.  He recently advised a Belgian pet food company on a dispute with a UK importer arising from a distribution agreement.

Banking & Finance

Tom is regularly instructed on behalf of and against banks and finance houses.  A large proportion of his work in this area involves disputes arising from asset-finance agreements and guarantees (often relating to motor vehicles).  He is also experienced in consumer law, regularly representing banks and other financial institutions facing allegations of loans being unenforceable under the Consumer Credit Act, as well as loans and other financial products being mis-sold.

In May 2011 he was interviewed by Jeff Randall live on Sky News about the implications to banks of the British Bankers Association’s failed judicial review of the FSA’s Policy Statement relating to the handling of PPI mis-selling complaints.

Tom has extensive experience of mortgage-related disputes, principally contested possession claims involving such issues as undue influence and forged deeds.

Recent work

• Acting for a finance house against the lessee of a commercial lorry.  The claim, brough under a contractual indemnity, was for the loss suffered in connection with a claim by the third party (another finance house) who bought the lorry
• Acting for a bank against a borrower alleging that his loan was unenforceable on the basis of various alleged breaches of the Consumer Credit Act and associated regulations
• Advising a finance house on its claim against a third party who bought a vehicle from its lessee without the finance house’s consent
• Acting for a bank in a multi-party High Court mortgage dispute involving issues of undue influence and constructive notice.

Professional Liability

Tom has a significant professional liability practice.  He is frequently instructed in mortgage shortfall claims by both lenders and insurers on behalf of defendant solicitors and surveyors.  His solicitors’ negligence practice extends to other fields, involving solicitors’ conduct in both contentious and non-contentious matters.  He has also acted in claims against financial advisers and construction and engineering professionals.

In February 2011 Tom gave a talk to a major international firm of solicitors focussing on the ethical and tactical issues associated with pleading fraud.

Recent work

• Acting for a bank in a six-figure High Court mortgage shortfall case arising from various transactions handled by the same solicitors.  Includes allegations of deceit
• Acting for a firm of conveyancing solicitors in a dispute about its conduct of a property transfer
• Acting for a firm of solicitors in a conveyancing dispute about the effect of the solicitors’ failure to verify the existence and nature of planning permission

Insurance

Tom has a growing general insurance practice, acting both as junior and in his own right. Recent work has included a $100 million arbitration involving a claim under a CAR policy; claims involving coverage issues under motor vehicle policies; acting for an insurer that rejected cover under a life assurance product, and against related allegations that the product had been missold; and successfully applying for summary judgment in favour of a major insurer in a claim for recoupment of commission paid to a broker.

Construction & Engineering

Tom's construction and engineering practice often involves acting for insurers in subrogated defences of negligence claims. He has also gained experience in policy issues from his involvement in an arbitration in respect of a CAR policy arising from hurricane damage to a major construction project.

Professional Indemnity

Tom is familiar with coverage issues arising from professional negligence claims.