Tom advises individuals, businesses and institutions on commercial and trust disputes, both in England and offshore jurisdictions, including Bermuda, the BVI and Jersey.
He has a particular interest in advising on commercial and contentious trust matters with an international dimension and has assisted on a number of high-profile disputes, including cases involving breaches of trust and fiduciary duty, civil fraud and complex jurisdictional issues.
Tom has experience of all stages of the litigation process from initial pre-action advice up to trial, and also appeals to the Court of Appeal. Tom also has experience of alternative forms of dispute resolution including international arbitration.
Clients appreciate Tom’s collaborative and pragmatic approach. He looks to assist them in resolving their disputes effectively, but also in a way that is sensitive to their particular needs and concerns.
Tom was recommended in the 2022 edition of Legal 500 as a "Rising Star" for Contentious Trusts and Probate.
"Tom McPhail is the best Associate I have ever worked with, bringing a forensic analytical ability which really lends itself to fraud work." (Legal 500 2022)
"At associate level, Tom McPhail is absolutely outstanding." (Legal 500 2022)
"Tom McPhail – one of the best associates I’ve come across in terms of being on top of the detail and knowing a case inside out. His work is consistently excellent." (Legal 500 2022)
- Sir Owen Glenn ONZM KNZM & Anor v Watson & Ors  EWHC 3346 (Ch)
- Novatrust Limited v Kea Investments Limited and others  EWHC 4061 (Ch)
- Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited  SC (Bda) 47 Civ
- Sheffield v Sheffield  EWHC 3927 (Ch)