Thomas Ross
Partner, Dispute Resolution

LONDON

T: +44 20 7814 8000
D: +44 20 3314 6486

EmailE: tross@wfw.com

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Summary Open

Thomas Ross is a Partner in the Dispute Resolution group, based in London.

He is an experienced litigator who has handled many complex multi-party and multi-jurisdictional disputes. He has extensive experience in domestic and international banking litigation; financial services litigation, structured finance litigation, including acting for servicers; special servicers; trustees and issuers; advising financial institutions on litigation strategy in the context of defaults and restructurings; fund and asset management litigation; pensions litigation; and antitrust litigation disputes.

Experience Open

    Thomas’ experience includes:
    • Acting for Polar Air in relation to the Air Cargo Cartel proceedings in the Commercial Court, England (Emerald Supplies Ltd and others v British Airways Plc).
    • Acting for a broker and NOMAD in relation to its dealings with the FCA; the SFO and anticipated civil litigation.
    • Acting for a German bank in relation to a dispute over Venezuelan oil warrants.
    • Acting for a large private equity fund in relation to a dispute regarding a real estate investment and breach of an exclusivity clause.
    • Advising the seller of a Car Parks business in relation to the non-payment of sums due under an SPA including in relation to two sets of court proceedings and a related expert determination.
    • Advising the purchaser of a retail business with regard to a warranty and indemnity claim of some £40m.
    • Advising the purchaser of a hotel development in relation to a £30m warranty claim.
    • Advising a medical devices company in relation to patent revocation proceedings.
    • Acting for a servicer in a dispute involving an issuer and “B lender” and concerning a complex structured product and the associated payment waterfalls and rights of the parties.
    • Acting for a Jersey based trustee in a dispute with the beneficiaries and onshore companies, involving issues of fraud, real estate finance, swap mis-selling and associated regulatory issues.
    • Acting for 3 financial institutions in relation to a dispute with a German Investment Bank over margin calls on a repo portfolio worth £2.2bn.
    • Advising a Jersey based trustee in relation to proceedings in Delaware, New York and Jersey and conducting and managing an internal review of procedures and events surrounding this litigation and reporting to the local regulator (the JFSA).
    • Advising a forex trader in relation to allegations of market fixing and in the context of a series of FSA protocol interviews.
    • Advising Awal Bank BSC in relation to an investigation by the Central Bank of Bahrain.
    • Advising Havenrock II, an SPV based in Jersey, in relation to a $1.8bn fraud claim brought by the Financial Guarantee Insurance Company in England and New York (Commercial Court, England and NY Southern District) against Havenrock II and Calyon.
    • Acting for a major investment bank in relation to legal proceedings brought by the bank in the Cayman Islands against the investment advisor to a private equity technology fund operating in South East Asia.
    • Advising a retail forex product manager in relation to a dispute with its broker, London Capital Group. The case settled during trial.
    • Acting for the claimant in Leofelis SA & Anr v Trade Mark Licensing Company (2007) in its successful claim for breach of contract and misrepresentation relating to the use of the Lonsdale trade mark and the claimant’s subsequent inquiry into damages including arranging third party funding. Advising in relation to related proceedings in England, Germany and Belgium.
    • Acting for the claimant in Riyad Bank & Ors v Ahli United Bank (UK) Plc (Formerly United Bank of Kuwait Plc) (2005) in its successful breach of contract/professional negligence claim regarding the management of a Sharia compliant fund.
    • Acting for Carlton and Granada in Carlton Communications Plc & Anr v The Football League (2002), the action that successfully established that neither of the claimants had guaranteed the liabilities of ONdigital (later known as ITVdigital) to the Football League.
    • Advising a US based company in relation to a potential dispute regarding a Section 75 pension scheme debt.
    • Acting for The Bristol Port Company, a representative defendant, in PNPF Trust Co Ltd (as trustee of the Pilots National Pension Fund) v Geoff Taylor and 7 Others (2010), the Pilots National Pension Fund litigation.
    • Advising the trustees of a significant pension fund in relation to a dispute over the size of the PPF levy and consequent proceedings against the actuaries involving the trustees.
    • Advising the trustees and company with regard to proceedings against their former advisors, AXA, in relation to a failure to properly equalise the Scheme rules.
    • Advising an actuarial consultant in relation to disputes over its advice to two pension schemes regarding additional liabilities and the rights of pensions under the Pension Deed.
    • Advising BEC Pension Trustee Ltd in representative proceedings to determine allocations in the context of an “umbrella” pension scheme.
    • Acting for the claimant pension fund in Unilever Superannuation Trustees Ltd v Mercury Asset Management (1999), the first major claim of its kind against a leading city fund manager. The claim settled during trial.

Education Open

  • 1994 – 1995: Chester College of Law (LPC Commendation)
  • 1990 – 1994: Pembroke College, Oxford University (BA Jurisprudence)

Author/Speaker/Awards Open

Speaker:
  • Speaker on bilateral settlement at the 2017 Global Competition Review Litigation Conference.
  • Key Risks: Addressing The Challenge: Board Room Risks, September 2013.
  • Arbitration in Islamic Finance Disputes, February 2012.
  • Insiders, Outsiders, Rogues and Sophisticates, February 2012.
  • Inducing Breach of Contract and Unlawful Interference – Avoiding The Pitfalls, September 2009.
  • More 4 Counsel: Distressing Times: Terminating Contracts, April 2009.
  • International Aspects of Litigation, November 2007.
  • In-House Counsel: Safeguarding Your Communications & Negotiations, October 2006.
  • IIR Conference – Online Fraud, January 2006.
Publications:
  • Reducing Litigation Risk for Pension Funds, September 2011.
  • Cost Free, Risk Free Litigation for Financial Institutions – How Close Can You Get? July 2011.
  • Credit rating agencies: potential exposure, Journal of International Banking and Financial Law, July/August 2008.

Membership of Professional Societies Open

  • Law Society of England and Wales

Publications Open

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