Tom Bell

Areas of expertise

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Tom is frequently instructed by and against banks and finance houses. His work covers disputes arising from asset finance agreements and guarantees (often relating to motor vehicles), consumer credit, and mortgage-related litigation, including contested possession claims involving undue influence and forged deeds. His expertise in this area is often called upon in property damage work where damage is caused to assets under finance.

    Examples of Tom’s banking & finance work

    • Updated a finance house’s standard terms and conditions for a suite of contracts (both regulated and unregulated).
    • Assisted a finance house in drafting documentation for its consumer lending division.
    • Skelwith (Leisure) Ltd and others v Armstrong and others [2015] All ER (D) 98 (Oct): Summary judgment/strike-out application concerning the validity of a sale by the assignee of a legal mortgage.
    • Acted for a bank against a borrower alleging unenforceability of a loan due to alleged breaches of the Consumer Credit Act and associated regulations.
    • Advised a finance house on a claim against a third party who bought a vehicle from its lessee without consent.
    • Acted for a bank in a multi-party High Court mortgage dispute involving undue influence and constructive notice.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Tom has extensive experience in disputes involving fraud and asset tracing, including obtaining freezing injunctions.

    – Hamilton v Barrow: Acted for defendants in relation to an alleged Ponzi scheme.

    – HMRC v IGE USA Investments Limited [2020] EWHC 1716 (Ch), [2021] EWCA Civ 534: Acted for the GE group in HMRC’s claim to rescind a tax settlement; successful in two interim appeals, including the leading Court of Appeal case on rescission for fraudulent misrepresentation.

    – Acted for claimants alleging conspiracy to defraud a former employer by misappropriating a business.

    – GRMA-Pardus Wealth Ltd v Paterson: Obtained a freezing injunction against an individual alleged to have used offshore entities to defraud Tom’s client of EUR 1.5m.

    – Acted for an American company in a claim against a Saudi agent, including anti-suit and freezing injunctions in the Commercial Court.

    – Acted for the claimant in a substantial, multi-party fraud, successfully obtaining a freezing injunction in the Chancery Division.

  • Commercial litigation

    Commercial litigation

    Tom’s broad commercial practice covers all forms of business disputes, including sale and hire of goods, franchising, and directors’ duties. He is often instructed to advise and represent clients seeking interim remedies, such as freezing injunctions, often urgently.

    Examples of Tom’s Commercial Work

    • Hamilton v Barrow [citation to follow]: Acted for two of twelve defendants sued in connection with an alleged Ponzi scheme; hearing of preliminary issues of ‘forum conveniens’, abuse of process, and champerty.
    • Nottingham Travel (UK) Ltd v Pakistan International Airlines Corporation [2025] EWHC 1304 (Ch): Significant trial concerning issue estoppel.
    • Advised a metals supplier regarding allegedly substandard nickel alloy bought from a Taiwanese seller.
    • Malton Foods Ltd v Parsley Box Ltd: Acted for a manufacturer of ambient food products in a claim under an exclusivity agreement with a supplier.
    • Tortuga Beach Resort Apartment 111/16 Ltd v Hannah: (Leading James Shaw) Acted for over 700 companies alleging breach of fiduciary duty against a director in an offshore fractional property ownership scheme.
    • Acted for a Pakistani sugar producer in a sale of goods dispute with a Swiss buyer of ethanol.
    • Alliance Surgical v Primus Medical Indemnity: Acted for the defendant in a claim for alleged misuse of confidential information.
    • Acted for an underwriting agency in a claim for unpaid commission against a leading insurer.
    • Perenco UK Ltd v Stahl: (Led by David Lewis KC) Acted for the claimant in a sale of goods dispute relating to lighting installations of offshore helipads.
    • Foenix Partners v Infinity International: (Led by PJ Kirby KC) Acted for the defendant in the trial of a claim for breach of an SPA in respect of an FX brokerage. Tom’s client succeeded on a rare submission of no case to answer.
    • Provided an independent opinion for a contractual dispute resolution mechanism under an SPA.
    • Times Travel (UK) Ltd and another v Pakistan International Airlines Corporation [2021] UKSC 40 (Supreme Court): Acted (with Nigel Jones KC) for the successful defendant airline in a dispute concerning commission payments to an agent. The leading case on economic duress.
    • HMRC v IGE USA Investments Limited and others [2020] EWHC 1716 (Ch): Acted for the GE group in a claim by HMRC to rescind a tax settlement made in 2005. Settled shortly before trial after two significant interlocutory appeals. The first ([2020] EWHC 1716 (Ch)) concerned the Court’s powers under the Disclosure Pilot (now PD57AD). The second ([2021] EWCA Civ 534) is the leading case on section 36 of the Limitation Act 1980 (limitation period for equitable claims).
  • Employment & executive disputes

    Employment & executive disputes

    Tom has experience acting for and against employees involved in commercial disputes with their employer. He has particular experience in claims to enforce (or to challenge the enforceability of) restrictive covenants in contracts of employment.

    • The Color Company (TM) Limited v Lillywhite and others (2016 unreported, HHJ Luba KC):
      Tom successfully resisted the claimant’s application for an interim injunction restraining three of its former employees from solicitation of customers on behalf of their new employer.  Amongst other issues, the case concerned the enforceability of post-termination restrictive covenants.
  • Private international law

    Private international law

    Acted (with Nigel Jones KC and Emily Betts) for an American company in a claim against a Saudi agent in relation to substantial commercial tender in Saudi Arabia. Tom assisted with anti-suit and freezing injunctions in the Commercial Court seeking to prevent the bringing of conflicting proceedings in the Saudi courts.

• Construction & engineering
  • Construction insurance

    Construction insurance

    Tom is a contributor to two leading construction insurance textbooks (both under the general authorship of Paul Reed KC): Construction All Risks Insurance and Construction Professional Indemnity Insurance. He has substantial experience in claims relating to both areas. Recently, he has provided coverage advice to policyholders on business interruption insurance in the context of the Covid-19 pandemic.

    Recent CAR experience includes:

    • Advising (with Paul Reed KC) insurers regarding delay to a prestige residential development arising out of Covid-19.
    • Acting for the insured in a coverage dispute arising from damage to a subsea power cable.
    • Acting for insurers in a coverage dispute concerning a landslip during motorway expansion.
    • Acting for insurers in a coverage dispute arising from asbestos in hardstanding.
    • Acting for insurers on an avoidance dispute involving alleged material non-disclosure.
    • Advising the insured on coverage where delay occurred to a stage of the project but not the project as a whole.
  • Professional liability construction professionals

    Professional liability construction professionals

    Tom accepts instructions in claims for and against construction professionals. He has particular experience in architects’ negligence claims and claims against surveyors.

    • Acting for a national housing developer in a claim against an architect for failing to give effect to planning conditions
    • Advising claimants on a claim against an architect in connection with a right to light infringement
    • Advising a mortgage lender in relation to quantification of damages in a surveyor claim.
    • Fluor Ltd v (1) Ramboll Danmark A/S (2) Carl C A/S (TCC): Acted for the supplier of a meteorological mast in a defective product claim.
    • Neffendorf v Pell-Stevens: Acted for the defendant architect in connection with an allegedly defective flat roof on a newly built house.
  • Property damage

    Property damage

    Tom is regularly instructed by insurers and insureds in relation to policy coverage and recovery actions arising from property damage. He has particular experience with the CPA Model Conditions and damage to assets subject to finance agreements.

    Recent work includes:

    • Advising public/product liability insurers after an e-scooter fire.
    • Advising owners of a food manufacturing plant regarding a product recall.
    • Ainscough Crane Hire v Falcon Tower Crane Services: Acted for a crane hire company following a shock load incident to a mobile crane.
    • Crane hire company v hirer: (Leading Kort Egan) Acted for a crane hire company in an adjudication on the CPA Model Conditions after a crane collapse.
    • UKOP v Fabricon: Acted for a civil engineering company in High Court proceedings following alleged subterranean damage to a marina due to pipeline work, including a parallel coverage dispute on public liability insurance.
    • Advised insurers on a potential group recovery action against a manufacturer of agricultural machinery after multiple fire incidents.
• Professional indemnity insurance

  Professional indemnity insurance

  Tom has experience advising insurers and policyholders on coverage issues under professional indemnity insurance, such as a failure to notify promptly, breach of warranty, etc.

• Insurance coverage

  Insurance coverage

  Tom has a wealth of experience and expertise in relation to insurance coverage. He advises insurers and policyholders on coverage issues under a variety of policies, ranging from contractors all risk to property insurance, professional indemnity, directors and officers, and others. Tom also advises in relation to consumer insurance policies.

  Tom has recently been providing coverage advice to a number of policyholders on the scope of their business interruption insurance in the context of the Covid-19 pandemic.

  • Advising a high-net-worth individual following insurers’ avoidance of his motor policy.
  • Advising insurers on the proper approach to measuring delay caused by Covid-19 for the purpose of delay-in-startup cover. The project in question was a highly prestigious property development in Mayfair (with Paul Reed KC).
  • Advising (with Paul Reed KC) a major waste processing plant operator on joint names insurance issues
  • Advising a major engineering company on the effect of double insurance in respect of its public liability coverage
  • Advising a housing association on coverage under a structural defects warranty
  • Advising a statutory regulator on variations to the minimum terms of cover for members
  • Advising insurers on coverage under a medical malpractice policy following a GMC investigation into a surgeon
  • Paragon Personal Finance Limited v Plevin:
    Tom has appeared (with PJ Kirby KC) in the Supreme Court in an appeal concerning the scope of the transitional provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the recoverability of ATE premiums post 1 April 2013.
  • Acting for insurers in a dispute concerning a claim under a property damage policy (in arbitration).
  • Acted for claimants in a coverage dispute concerning a title defect policy (the case settled shortly before trial).
  • Acted for a defendant haulage company in its (successful) application to strike out a claim by its insurers for reimbursement of gratuitous payments made to victims of a car crash.
  • Advised insurers in connection with a claim arising from fire damage to farming machinery. The case dovetailed with Tom’s commercial practice, in that it involved issues arising from the machinery being (potentially) subject to a hire-purchase agreement.
  • Acted for a claimant insured in a claim against its insurer who declined to indemnify it in respect of legal costs incurred in connection with an FSA investigation.
  • Advising insurers on coverage under a claims-made medical malpractice policy.
  • Advising insurers on the applicability of an exclusion to a product liability policy.
  • Advising a professional regulator on, and drafting amendments to, its minimum terms of cover and participating insurers agreement.
  • Advising policyholders on various property damage insurance coverage issues.
• Insurance funded disputes

  Insurance funded disputes

  A significant proportion of Tom’s instructions are funded by insurance, and he is often instructed on disputes where the opposing party’s costs are funded by insurance. Tom is sensitive to the commercial needs of insurers and the demands placed on solicitors who have both insurer and insured clients.

  Tom has experience in subrogated recovery actions, defence-work funded by liability insurance, BTE-funded claims, and claims backed by ATE insurance.

• Litigation insurance

  Litigation insurance

  Tom advises on coverage issues under ATE policies and is often instructed by ATE and BTE insurers on the prospects of success of a claim.

• Insurance & reinsurance
  • Property damage (coverage)

    Property damage (coverage)

    Tom is regularly instructed by policyholders and insurers in claims arising from property damage. He acts for insurers in recovery actions against third parties, and for and against policyholders in coverage disputes under property damage policies. His advice is particularly sought in cases involving complex contractual issues (e.g., sale of goods, unfair contract terms) and insurance law (e.g., co-insurance).

    Recent work:

    • Advised a market-leading crane hire company on the CPA Model Conditions after a shock load incident; acted for the same client in proceedings after a mobile crane crashed into a motorway bridge.
    • Acted for a civil engineering company in High Court proceedings after alleged subterranean damage to a marina due to pipeline work.
    • Advised insurers on a potential group action against a manufacturer of agricultural machinery after multiple fire incidents.
  • Insurance Coverage

    Insurance Coverage

    Ranked in The Legal 500 as a leading insurance junior, Tom advises on coverage issues under a variety of policies, including contractors all risk, property insurance, professional indemnity, directors and officers, and consumer insurance. He has recently been instructed on claims under the Third Parties (Rights against Insurers) Act 2010.

    • Makin v QBE [2025] EWHC 895 (KB): Acted for the claimant at a preliminary issue trial about whether a security firm’s public liability insurers were liable under the Third Parties (Rights against Insurers) Act 2010 (with Charles Bagot KC). Now the leading case on the scope of s.1(4) (whether an earlier judgment against the insured is binding on insurers). An appeal to the Court of Appeal is forthcoming.
    • Advised a high-net-worth individual after insurers avoided a motor policy.
    • Advised insurers on measuring delay caused by Covid-19 for delay-in-start-up cover, involving a prestigious Mayfair property development (with Paul Reed KC).
    • Advised (with Paul Reed KC) a major waste processing plant operator on joint names insurance issues.
    • Advised a major engineering company on the effect of double insurance for public liability coverage.
    • Advised a housing association on coverage under a structural defects warranty.
    • Advised a statutory regulator on variations to minimum terms of cover for members.
    • Advised insurers on coverage under a medical malpractice policy following a GMC investigation into a surgeon.
• Professional liability
  • Construction Professionals

    Construction Professionals

    Tom accepts instructions in claims for and against construction professionals, with particular experience in architects’ negligence and claims against surveyors.

    • Acted for a national housing developer in a claim against an architect for failing to give effect to planning conditions.
    • Advised claimants on a claim against an architect for a right to light infringement.
    • Advised a mortgage lender on quantification of damages in a surveyor claim.
    • Fluor Ltd v (1) Ramboll Danmark A/S (2) Carl C A/S (TCC): Acted for the supplier of a meteorological mast in a defective product claim.
    • Neffendorf v Pell-Stevens: Acted for the defendant architect in connection with an allegedly defective flat roof on a newly built house.
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Tom’s professional negligence practice covers a wide range of professionals, including accountants, insurance brokers, and IFAs.

    Recent work:

    • Acted for a SIPP provider alleged to have underinsured commercial premises.
    • Acted in cases arising from ‘failed’ tax mitigation schemes.
    • Advised a mortgage lender on quantification of damages in a surveyor claim.
    • Festive Productions Ltd v KPMG LLP: Acted for a major retailer in a multi-million pound audit negligence claim against a big four accountancy firm (led by Simon Salzedo KC, Brick Court Chambers).
    • Child v Direct Sharedeal Ltd and others: Acted for a stockbroker in a claim alleging financial mis-selling and breach of FCA rules.
  • Legal professionals

    Legal professionals

    Tom frequently acts for and against legal professionals (principally solicitors) in a wide variety of claims.

    Recent work:

    • Acted for a firm of solicitors regarding the acquisition of a headlease alleged to contain an onerous rent review clause.
    • Acted for a property developer in a claim against solicitors and a highways report provider after discovering an unknown ransom strip.
    • Acted for solicitors accused of negligence in a corporate transaction.
    • Acted for a firm of solicitors accused of failing to achieve a reasonable settlement of a dispute with insolvency practitioners.
    • Advised claimants in a claim against conveyancing solicitors regarding a failed property investment.
    • Mortgage Express v Powell Forman Kelly LLP: Acted for the claimant lender in a substantial claim against conveyancing solicitors concerning 80 properties.
    • Acted for the claimant in a seven-figure claim against former solicitors arising from the negligent drafting of an option agreement.
  • Insurance brokers

    Insurance brokers

    Tom contributes to Insurance Broking Practice and the Law (Informa) and has experience acting for and against insurance brokers.

    Recent work:

    • Acted for a SIPP provider alleged to have underinsured commercial premises.
    • Clearway Drainage Systems Ltd v Miles Smith Ltd [2016] EWCA Civ 1258 (Court of Appeal): Led by Alistair Schaff KC, Tom successfully opposed the claimant’s appeal against the refusal to grant relief from sanction after late service of witness statements.
    • Acted for a broker in a claim arising from a rejected claim for material non-disclosure.
    • Shareef v Lloyds Underwriters and others: Acted for an insurance broker in a multi-party claim arising from fire damage.
• Insurance funded disputes

  Insurance funded disputes

  A significant proportion of Tom’s instructions are insurance-funded. He is often instructed on disputes where the opposing party’s costs are also insurance-funded. Tom understands the commercial needs of insurers and the demands on solicitors with both insurer and insured clients. He has experience in subrogated recovery actions, defence work funded by liability insurance, BTE-funded claims, and claims backed by ATE insurance.

• Professional Indemnity Insurance

  Professional Indemnity Insurance

  Tom advises insurers and policyholders on coverage issues under professional indemnity insurance, including failure to notify promptly and breach of warranty.