Exchange Chambers

Commercial

Tom Longstaff has a broad commercial and insolvency practice, with experience of complex High Court litigation at all stages, from pre-action through to trial, as well as of appeals in the Court of Appeal and Supreme Court.

His recent work includes:

Led by Mark Cawson QC in the Court of Appeal in one of the leading authorities on seeking interim relief against a public body: R. (on the application of the Governing Body of X) v Office for Standards in Education, Children’s Services and Skills [2020] EWCA Civ 594. Led by Mark Cawson QC in proceedings brought pursuant to s.423 of the Insolvency Act 1986, which concerned the ability to use s.423 to challenge transactions which settled money under trust. Led by David Mohyuddin QC in a multi-million pound dispute relating to a Share Purchase Agreement, following an alleged breach of warranty. Led by David Mohyuddin QC in an appeal relating to the application of the Damages-Based Agreement Regulations 2013 to commercial contracts (RVA Surveyors Limited v BIAS Harrogate Limited [2019] EWCA Civ 2433), and acting as sole counsel in a related appeal. Instructed by a national law firm, and led by Giles Maynard-Connor QC, in a dispute relating to the failure of a provider of online legal resources to properly develop and install bespoke practice management, human resources and client relationship management software. Led by Mark Cawson QC and Louis Browne QC in the substantial group litigation which followed the collapse of the Fundão Dam in South-eastern Brazil. Led by David Mohyuddin QC in a group action which followed the VW Emissions scandal. Led by Louis Browne QC in advisory work concerning the merits of an application for a Group Litigation Order in respect of a substantial number of consumer claims. Instructed as sole Counsel by a leading provider of postal services in the United Kingdom to advise on the ability to terminate a contract with a value of approximately £340 million per annum. Acting for Oldham Athletic Football Club following an application to place the club into administration. Acting in a dispute between a Super League Rugby League team and the owners of the stadium, which followed a without notice application for interim relief to enforce the alleged terms of an agreement. Acting for a former director of Bury Football Club in bankruptcy proceedings. Acting in a number of high-profile insolvency matters, including BHS and Pizza Express. Acting for a group of creditors in an application which challenged the use, by the administrators of a company, of the deemed approval procedure in Schedule B1 to the Act in circumstances where it was envisaged that unsecured creditors might receive a distribution of realised assets (see Re Taylor Pearson (Construction) Ltd (In Administration) [2020] EWHC 2933 (Ch)).

Tom also has experience of arbitration, including in disputes administered by LCIA, SIAC and ad hoc rules: many of the cases in which he has been involved include a substantial international dimension.

His experience spans a range of sectors, and he has substantial experience of acting as sole counsel, as well of being part of a larger counsel team in highly complex and high-value litigation.

Before being called to the bar, Tom was a member of the Dispute Resolution practice at Linklaters LLP.

Called 2017. Before being called to the bar, Tom was an Associate in the Dispute Resolution team of a magic circle law firm in London, and has acted on behalf of large organisations and high net-worth individuals in their most complex and high-profile disputes. He has particular experience of complex litigation in the field of banking & finance.

Northern Circuit Northern Circuit Commercial Bar Association

BBP Law School, London – Bar Transfer Test (2017) College of Law, York – Legal Practice Course (2011 – 2012) University of York – LLB Law (2008 – 2011)

Scholarships & Awards

Inner Temple – Major Scholarship Inner Temple – Duke of Edinburgh Entrance Award Sidney Sussex Scholarship – 1st in year