Thomas Mitty

Areas of expertise

• Art, media and sport

  Art, media and sport

  Recent instructions in the art sector include:

  • Acting for a storage company in a claim in dispute over the storage charges of a number of pieces of 18^th and 19^th century art in the British, Dutch and Italian styles.
  • Acting for a purchaser in a claim against a gallery for breach of a repurchase agreement in respect of four pieces of modern art.
  • Advising an auction house in a claim for arising from the breach of a contract for the sale of Chinese antiquities.
  • Acted in an Insolvency Act Application under on behalf of the director of a Pokémon card grading company.
  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to the funds’ investments across the course of 7 years including in aviation finance, real property, art, and Reading Football Club. It is currently listed for a 12-week trial in the Commercial Court in 2027. Tom’s work has included the following:

  • • • [2025] EWHC 2949 (Comm): Tom appeared at the first CMC of the claim unled against two silks, where the Judge described his submissions as “made very attractively” (at [9]).
      • [2025] EWHC 3263 (Comm): Led by Nigel Jones KC in an application to amend a Part 20 claim to pass on the fraud allegations to the funds’ majority owner.
      • Day-to-day close involvement with the solicitor team in their conduct of a disclosure exercise involving 12 million documents, including appearing unled at two disclosure guidance hearings (one on the progress of disclosure and one on search terms) and led by Emily Betts in a successful application to extend time for disclosure by 7 months.
  • Howtel v Constantine: Led by David Pliener KC in a four-way dispute over the possession of a painting by Picasso, involving issues of title, bailment, conversion, breach of contract, and deposits.
  • Acted for an art authenticator who was vexatiously sued in negligence after declaring an artwork to be a fake. Tom was successful in striking out the claim.

  Tom has also written on cases in the art sector, including a case note on a case involving a freezing injunction against art dealers (C.R. & I. 2024, 17(6), 202).

  Recent instructions in the media sector include:

  • Advising a publishing company on frustration of a publishing contract.

  Recent instructions in the sport sector include:

  • Acted for a tour operator in a dispute arising from the collapse of the W Series motor racing championship.
  • Acted for a superbike / superstock driver in a sponsorship dispute and claim for delivery up of motorbikes.
  • Isaac v Tan & Cardiff City Football Club (Holdings) Limited [2023] 1 B.C.L.C. 133 During pupillage, assisted Emily Betts and Ryan Hocking to act for the majority shareholder of Cardiff City Football Club in the 6 day trial of a complex unfair prejudice petition.
• Banking and financial services

  Banking and financial services

  Recent instructions as junior counsel include:

  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to the funds’ investments across the course of 7 years including in aviation finance. It is currently listed for a 12-week trial in the Commercial Court in 2027. Tom’s work has included the following:
    • [2025] EWHC 2949 (Comm): Tom appeared at the first CMC of the claim unled against two silks, where the Judge described his submissions as “made very attractively” (at [9]).
    • [2025] EWHC 3263 (Comm): Led by Nigel Jones KC in an application to amend a Part 20 claim to pass on the fraud allegations to the funds’ majority owner.
    • Day-to-day close involvement with the solicitor team in their conduct of a disclosure exercise involving 12 million documents, including appearing unled at two disclosure guidance hearings (one on the progress of disclosure and one on search terms) and led by Emily Betts in a successful application to extend time for disclosure by 7 months.

  • Assisted in advising in a complex claim arising from the drafting of the suite of contractual documents for a peer-to-peer lending company.
  • SKAT v Solo Capital Partners LLP [2025] EWHC 2364 (Comm). Led by Nigel Jones KC, Sarah McCann KC, Lisa Freeman, Emily Betts, Miguel Henderson and Alice Whyte as part of the trial counsel team acting for the main Defendant group in a £1.4 billion fraud claim brought by the Kingdom of Denmark against a hedge fund and a large number of individuals associated with it arising from their trading of Danish securities, which was tried over the course of a year from April 2024 to April 2025. It is believed to be the longest trial in the history of the Commercial Court and was described by Foxton J as “one of the largest pieces of litigation, perhaps the largest, ever to be commenced in the Commercial Court”. Tom’s team was successful in defeating all claims brought against their clients.

  Recent instructions as sole counsel include:

  • Advised a lessor in a credit-hire dispute regarding industrial printers.
  • Tom has acted in a number of trials and interim hearings on behalf of High Street lenders in respect of PPI, car finance and credit hire raising issues under the Consumer Credit Act 1974, including Lloyds, Barclays and Black Horse Finance, HSBC, Halifax, Tesco Bank and MBNA.
  • Acted for HSBC in a strike out / summary judgment hearing against an account holder.
• Civil fraud

  Civil fraud

  Recent instructions as junior counsel include:

  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to the funds’ investments across the course of 7 years including in aviation finance, real property, art, and Reading Football Club. It is currently listed for a 12-week trial in the Commercial Court in 2027. Tom’s work has included the following:
    • • [2025] EWHC 2949 (Comm): Tom appeared at the first CMC of the claim unled against two silks, where the Judge described his submissions as “made very attractively” (at [9]).
      • [2025] EWHC 3263 (Comm): Led by Nigel Jones KC in an application to amend a Part 20 claim to pass on the fraud allegations to the funds’ majority owner.
      • Day-to-day close involvement with the solicitor team in their conduct of a disclosure exercise involving 12 million documents, including appearing unled at two disclosure guidance hearings (one on the progress of disclosure and one on search terms) and led by Emily Betts in a successful application to extend time for disclosure by 7 months.
  • SKAT v Solo Capital Partners LLP [2025] EWHC 2364 (Comm). Led by Nigel Jones KC, Sarah McCann, Lisa Freeman, Emily Betts, Miguel Henderson and Alice Whyte as part of the trial counsel team acting for the main Defendant group in a £1.4 billion fraud claim brought by the Kingdom of Denmark against a hedge fund and a large number of individuals associated with it arising from their trading of Danish securities, which was tried over the course of a year from April 2024 to April 2025. It is believed to be the longest trial in the history of the Commercial Court and was described by Foxton J as “one of the largest pieces of litigation, perhaps the largest, ever to be commenced in the Commercial Court”. Tom’s team was successful in defeating all claims brought against their clients.
  • Led by David Pliener KC in recovering funds from a solicitor who fraudulently misappropriated clients’ assets.
  • Led by David Pliener KC in a claim against a solicitor for failure to properly pursue a fraud claim.

  Recent instructions as sole counsel include:

  • Achieved summary enforcement of an adjudicator’s decision worth approx £250,000 by defeating allegations of fraud in one day High Court hearing.
  • Acted at the first CMC of a claim where payment was made based on a forged invoice.
  • Acted in a building dispute involving issues of forged evidence at trial.
  • Acted in relation to a long term and in-person ‘romance scam’.
  • Acted for the defendant in a one-day preliminary issue trial involving an allegation that a signature on a deed of trust was forged (settled mid-trial).
  • Assisted with advice on limitation in a claim for misrepresentation.
• Commercial dispute resolution

  Commercial dispute resolution

  Tom’s specialist practice areas mean that he is frequently in the Commercial Court and Circuit Commercial Court.

  Tom’s experience includes the following (as sole counsel unless stated otherwise):

  Agency, broker and introducer agreements:

  • Advised a company on undisclosed commission paid by a third-party contractor to one of the company’s directors.
  • Advising a lender on issues of authority in a credit hire contract.
  • SKAT v Solo Capital Partners LLP[2025] EWHC 2364 (Comm). Led by Nigel Jones KC, Sarah McCann, Lisa Freeman, Emily Betts, Miguel Henderson and Alice Whyte in acting for the owner of a number of brokerage houses in this year-long trial worth £1.4bn. The case also involved disputed introducer agreements. Click on Tom’s main page to see a fuller summary of this landmark case.
  • Assisted in advising in a complex claim arising from the drafting of the suite of contractual documents for a peer-to-peer lending company.
  • Tom has acted in a number of trials and interim hearings on behalf of High Street lenders in respect of PPI and car finance claims raising issues of secret commission, including: Lloyds, Barclays and Black Horse Finance, HSBC, Halifax, Tesco Bank and MBNA.
  • Advised on the validity of an oral broker / introducer agreement in a £150,000 claim against an energy provider.
  • Advising an employer in a construction contract on the identity of contracting parties, involving issues of apparent, actual and ostensible authority.

  Franchise agreements:

  • Acted for an education franchisor in defending a claim for breach of warranty.
  • Acted for an education franchisor in defending a £700,000 claim for wrongful termination.
  • Acted for the owner of a healthcare franchisor in a dispute arising from its restructuring.
  • Acted in a strike out / summary judgment hearing on behalf of a franchisor in the cleaning sector against a franchisee.
  • Assisted David Lewis KC and Charles Raffin in acting for a major national franchisor in a termination dispute with former franchisee.

  Guarantees and indemnities:

  • Frequent instructions in bankruptcy petitions founded on disputed guarantees, including the bankruptcy petition of a £5million debt founded on a disputed guarantee.
  • Advice on the validity of guarantees totalling £150,000.
  • Assisted in advising on a conspiracy to induce entry into a guarantee and then alter the primary agreement.

  Loan agreements and security documentation:

  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to, amongst other things, a loan to Reading Football Club.
  • Acted in a claim involving a £250,000 oral loan agreement (settled at mediation).
  • SKAT v Solo Capital Partners LLP[2025] EWHC 2364 (Comm). Led by Nigel Jones KC, Sarah McCann, Lisa Freeman, Emily Betts, Miguel Henderson and Alice Whyte in acting in this year-long fraud trial worth £1.4bn. The case also involved allegations that certain loan agreements were shams. Click on Tom’s main page to see a fuller summary of this landmark case. Led by Nigel Jones KC, Sarah McCann, Lisa Freeman, Emily Betts, Miguel Henderson and Alice Whyte.
  • Assisted in advising in a complex claim arising from the drafting of the suite of contractual documents for a peer-to-peer lending company.
  • A 1-day trial concerning an oral loan agreement.
  • A 4-day trial concerning, amongst other things, a number of oral loan agreements.
  • Acted at a hearing to determine the level of interest accruing on a £1.3million loan over a four-year period.
  • Click on the Insolvency Tab to see Tom’s experience with claims by liquidators to recover company loans from directors and third parties.

  Sale and hire of goods:

  • Advised a lessor in a credit-hire dispute regarding industrial printers.
  • Led by David Pliener KC in acting for the vendor in a four-way dispute over a painting by Picasso, involving issues of title, bailment, conversion, breach of contract, and deposits.
  • Advising the purchaser in a claim about USD1.5 million worth of rice which was not delivered due to alleged frustration.
  • Advising the vendor in a jurisdiction and governing law dispute over approx. £600,000 worth of unpaid invoices for steel plates.
  • Acted for owners in two claims concerning lease-hire of 19 articulated lorries.

  Share / business purchase agreements:

  • Acting in a dispute concerning enforcement of a business purchase agreement by specific performance.
  • Acted for the claimant in a trial listed for two days to determine the effect of a clawback provision in a share purchase agreement. Tom was successful in striking out the defendant’s defence on the first morning.
  • Advised on breach of an exclusivity agreement in the negotiations for the acquisition of a pub chain.

  Supply of services:

  • Many of Tom’s cases involving the provision of services arise in the construction and professional negligence contexts. Click on the tabs at the side to see more about these areas.
  • Led by James Shaw on advising and drafting in an approx. £800,000 claim for breach of a warehousing and distribution services agreement.
  • Advice on termination of a corporate consultancy agreement.
  • Advice on frustration of a publishing contract.
  • Acted in the strike out of a claim for breach of a post-termination restrictive covenant.
  • Acted for Vodafone in two trials of claims brought by customers.
  • Acted for a luxury whisky investment company in a claim brought by its marketing provider.
  • Acted for HSBC in a strike out / summary judgment hearing against an account holder.
  • Tom frequently pleads or acts in debt collection claims which have including claims on behalf of professions such as: solicitors, surveyors, recruitment consultants, and caterers.
• Companies, joint ventures & partnerships

  Companies, joint ventures & partnerships

  Tom’s experience includes the following:

  Disputes in relation to the meaning of company / venture documents:

  • Real Assets Global Opportunity Fund v Floreat Real Estate Limited [2026] EWHC 576 (Comm):

  • • • Led by James Shaw in the trial of a claim about the interpretation of a joint venture agreement concerning the redevelopment of a £15million equestrian estate in Berkshire. The Judge named Tom at [99] in praising both sides’ “care and clarity” in their presentation of the case and stated that it was argued “forcefully and effectively”.
      • Led by Emily Betts and James Shaw in an application for an injunction to enforce the trial judgment.

  • Advice on the meaning of buy-out provisions in a shareholder agreement.

  Claims in relation to the register of companies and Companies House:

  • Acted in an application to restore a company to the register.
  • Drafted proceedings under Section 1096 of the Companies Act 2006 to remove filings from Companies House.

  Disputes over director removal:

  • Acted in six separate High Court hearings (without notice, at the return date, and at several hearings of applications to set aside / vary the order) in an injunction brought by a company to prevent an individual from holding himself out as a director, pending resolution of a trial on whether he had been validly removed. Settled before trial.

  Claims against delinquent directors:

  • Advised a company on undisclosed commission paid by a third-party contractor to one of the company’s directors.
  • Click on the Insolvency Tab to see Tom’s experience in claims brought against directors in the insolvency context.

  Shareholder disputes:

  • Assisted in drafting an unfair prejudice petition in relation to a company in the healthcare sector.
  • Led by Paul Strelitz in an application for permission to appeal a decision to give permission to pursue a derivative claim.
  • Led by Jonathan Titmuss in advising a trustee in bankruptcy on realising the assets of a deadlocked limited liability partnership.
  • Isaac v Tan & Cardiff City Football Club (Holdings) Limited [2023] 1 B.C.L.C. 133 During pupillage, assisted Emily Betts and Ryan Hocking to act for the majority shareholder of Cardiff City Football Club in the 6 day trial of a complex unfair prejudice petition.

  Disputes over share / business purchase agreements:

  • Acted for the claimant in a trial listed for two days to determine the effect of a clawback provision in a share purchase agreement. Tom was successful in striking out the defendant’s defence on the first morning.
  • Acting in a dispute concerning enforcement of a business purchase agreement by specific performance.
  • Advised on breach of an exclusivity agreement in the negotiations for the acquisition of a pub chain.
• Construction & engineering

  Construction & engineering

  Recent instructions in adjudication include:

  • A smash-and-grab adjudication concerning a restaurant renovation.
  • Acting in adjudication enforcement proceedings.
  • Advice on prospects of smash-and-grab adjudication.
  • An approx. £400k wrongful termination dispute under a JCT contract.
  • Led by George Eyre in a Part 8 claim for declarations regarding an adjudicator’s decision.
  • A final account dispute between a contractor and a sub-contractor regarding the hot water systems at a care home.
  • An adjudication under CEDR Rules.

  Tom accepts instructions under the Gatehouse Chambers Adjudication Fixed Fee Scheme.

  Recent instructions in litigation include:

  • Acting for a sub-contractor in a dispute about roadworks in a housing development.
  • Coverage advice in a professional indemnity insurance policy for supply of incorrect marble flooring.
  • A 2-day trial concerning defects in a home renovation.
  • Particulars of claim on behalf of an employer against a contractor in a claim about defective flooring installation.
  • A £200k+ claim regarding water ingress in luxury flats.
  • A 1-day trial concerning a defective home renovation (settled mid-trial).
  • Pleading a defence in a claim concerning the defective construction of four barns.
  • Pre-action advice in a claim against an architect in a loft conversion.
  • Pleading a defence on behalf of a formwork and concrete sub-contractor in a claim for damage to pipework.
  • Pleading a defence on behalf of a contractor in a claim by Virgin Media for damage to fibre optic cables.
  • Pleading a defence on behalf of a contractor and Part 20 Claim against an engineer in a claim about a defective hot water system installation.
  • Pleading a defence on behalf of a contractor in claim for defective installation of roofing.
  • Pleading a claim on behalf of an employer against a contractor for defective roof installation.
  • A 1-day trial concerning the defective renovation of a sports hall.
  • Advice to a contractor on termination rights and notice provisions under a JCT Contract.
  • Acting for a contractor in a mediation regarding allegations of defective workmanship.
  • A 4-day trial concerning defects in a home renovation.

  Tom is a contributing editor to Construction All Risks Insurance.

• Injunctions

  Injunctions

  Recent instructions as sole counsel include:

  • Led by Emily Betts and James Shaw in an application for access to a £15million equestrian estate in Berkshire to enforce a right of sale granted by the Court in Real Assets Global Opportunity Fund v Floreat Real Estate Limited [2026] EWHC 576 (Comm).
  • Howtel v Constantine: Led by David Pliener KC in a four-way dispute over the possession of a painting by Picasso, involving an application for an injunction to permit sale.
  • Acting in a dispute concerning enforcement of a business purchase agreement by specific performance.
  • Acted on behalf of a bailiff in an application under the Protection from Harassment Act 1997.
  • Acted in six separate High Court hearings (without notice, at the return date, and at several hearings of applications to set aside / vary the order) in an injunction brought by a company to prevent an individual from holding himself out as a director, pending resolution of a trial on whether he had been validly removed. Settled before trial.
  • Advised on the prospects of a freezing injunction.
  • Acted in both interim and final hearings in applications for anti-social behaviour injunctions.
  • Acted (including without notice and on an urgent basis) in applications for injunctions against trespassers (including against persons unknown).
  • Acted for landlords in applications for access injunctions, in both the civil and criminal courts.
  • Acted in enforcement hearings for breaches of Tomlin and consent orders.
  • Advised on the prospects of an injunction to restrain a winding up petition.
• Insolvency

  Insolvency

  Tom has drafted and / or appeared on his feet as sole counsel in all of the following common insolvency applications:

  Corporate insolvency	Personal insolvency
  Applications to set aside statutory demands	Applications to set aside statutory demands
  Winding up petitions	Bankruptcy petitions
  Applications to rescind winding up orders	Applications to annul bankruptcy orders
  Validation orders	Applications for possession and sale
  Transactions at an undervalue	Transactions at an undervalue
  Preferences	Re-vesting applications
  Director’s misfeasance
  Part 7 claims against directors, accessories and others
  Re-use of company names

   

  Recent experience as junior counsel includes:

  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to the funds’ investments across the course of 7 years including in aviation finance, real property, art, and Reading Football Club. It is currently listed for a 12-week trial in the Commercial Court in 2027. Tom’s work has included the following:
    • • [2025] EWHC 2949 (Comm): Tom appeared at the first CMC of the claim unled against two silks, where the Judge described his submissions as “made very attractively” (at [9]).
      • [2025] EWHC 3263 (Comm): Led by Nigel Jones KC in an application to amend a Part 20 claim to pass on the fraud allegations to the funds’ majority owner.
      • Day-to-day close involvement with the solicitor team in their conduct of a disclosure exercise involving 12 million documents, including appearing unled at two disclosure guidance hearings (one on the progress of disclosure and one on search terms) and led by Emily Betts in a successful application to extend time for disclosure by 7 months.
  • Led by Jonathan Titmuss in advising a trustee in bankruptcy on realising the assets of a deadlocked limited liability partnership.

  Recent experience as sole counsel includes:

  • Acting in bankruptcy proceedings on behalf of Punjab National Bank founded on a £5million+ debt.
  • Acting for the liquidator of two retail companies in relation to claims against directors and accessories with combined values of over £800,000 (void dispositions, transactions at an undervalue, misfeasance, knowing receipt).
  • Acting for a trustee in bankruptcy in a transaction at an undervalue claim.
  • Drafted a Part 7 claim for breach of director’s duties for the assignee of a liquidator’s claims against a company’s directors.
  • Acted for the liquidator of a construction company in hybrid claims worth approximately £800,000 (debt claims, transactions at an undervalue, misfeasance).

  Tom also speaks and writes on insolvency matters, including:

  • Key dates and deadlines in insolvency proceedings you don’t want to miss: Gatehouse Chambers Insolvency Juniors Seminar 2026.
  • Section 423 Claims (transactions defrauding creditors): Gatehouse Chambers Insolvency Juniors Seminar 2024.
• Professional negligence

  Professional negligence

  Claims against legal professionals include:

  • Led by David Pliener KC in recovering funds from a solicitor who fraudulently misappropriated clients’ assets.
  • Led by David Pliener KC in a claim against a solicitor for failure to properly pursue a fraud claim.
  • Led by Sara Ibrahimin a complex professional negligence dispute against a solicitor, valued at over £2 million. The professional negligence claim requires the reconstruction of an underlying equal pay and personal injury claim.
  • Assisted in advising in a complex claim arising from the drafting of the suite of contractual documents for a peer-to-peer lending company.
  • Tom has also appeared in a number of disputes, including two fast-track trials, on behalf of professionals who face counterclaims of negligence when seeking to recover their fees.

  Claims against financial professionals include:

  • Borelli & ors v Otaibi & ors: Led by Nigel Jones KC, Sarah McCann KC, Emily Betts and James Shaw in acting for the main Defendant group in a USD100million+ fraud claim involving over 50 parties, brought by the liquidators of four funds against a private banking group (comprising investment managers, investment advisors, directors, employees and other parties), related to the funds’ investments across the course of 7 years including in aviation finance, real property, art, and Reading Football Club. Tom’s work has included:
    • • [2025] EWHC 2949 (Comm): Tom appeared at the first CMC of the claim unled against two silks, where the Judge described his submissions as “made very attractively” (at [9]).
      • [2025] EWHC 3263 (Comm): Led by Nigel Jones KC in an application to amend a Part 20 claim to pass on the fraud allegations to the funds’ majority owner.
      • Day-to-day close involvement with the solicitor team in their conduct of a disclosure exercise involving 12 million documents, including appearing unled at two disclosure guidance hearings (one on the progress of disclosure and one on search terms) and led by Emily Betts in a successful application to extend time for disclosure by 7 months.

  Claims against construction professionals include:

  • Click on the Construction Tab to see Tom’s experience with claims against construction professionals.

  Tom is a contributing editor to Insurance Broking Practice and the Law.