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Tom Montagu-Smith#3162

Tom Montagu-Smith, KC

Barrister, 3 Verulam Buildings (3VB)
Tom is a commercial barrister practicing in arbitration and litigation. His work includes civil fraud, insurance and reinsurance and disputes arising out of construction projects. Most of his work has an international dimension. He has particular experience in the DIFC Courts, where he drafted the Rules of Court and has been involved in many leading cases including those on jurisdiction and the enforcement of foreign judgments and arbitral awards. Recent cases include: - Honeywell v Meydan [2014] 2 Lloyd's Rep 133 [arbitration enforcement; public policy] - Taaleem v National Bonds (DIFC Courts, 19 Feb 2014) [property, contract, breach of fiduciary duty] - X1 v Y1 (DIFC Courts, 28 Nov 2014) [arbitration enforcement, jurisdiction] - X v Y (DIFC Courts, 5 Jan 2015) [arbitration enforcement, constitutionality] - Nakheel v Souq (Dubai World Tribunal, 2011 ' 2015) [property, contract, abuse of rights] Tom is recommended for construction work by Chambers & Prs 2015: "He is a superb advocate and he has superb judgement. He is very good on the law". He is also recommended for international arbitration work by Legal 500 2015: 'An outstanding lawyer with a great strategic mindset.'' Tom is a contributor to Foskett on Compromise (8th Edn., 2015). He is responsible for the chapters on insurance, arbitration and construction.
Contributed to

7

Can you raise a time-barred counterclaim?
Can you raise a time-barred counterclaim?
Q&As
Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?
Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?
Q&As
If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s instructions to the surveyor or would they be protected by some form of privilege? Would the position be different if that expert witness had previously acted as the client’s expert advisor?
If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s instructions to the surveyor or would they be protected by some form of privilege? Would the position be different if that expert witness had previously acted as the client’s expert advisor?
Q&As
In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?
In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?
Q&As
Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.
Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.
Q&As
What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional paragraphs?
What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional paragraphs?
Q&As
What steps should be taken, and what effect does it have on the proceedings, where you become aware the defendant’s address has changed and/or was wrong?
What steps should be taken, and what effect does it have on the proceedings, where you become aware the defendant’s address has changed and/or was wrong?
Q&As

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2001
Lexis+
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