Adam Tolley
Call Date
1994
Practice Areas
Adam has a general commercial law practice, including:-
- Banking and financial services
- Insurance and reinsurance
- Employment
- Professional negligence
- Company and Insolvency
Summary of Practice
Commercial Litigation: Adam has acted in a broad range of commercial disputes and has particular recent experience in banking, commercial agency, financial services, franchising, insurance/reinsurance and sale of goods. He has extensive advocacy experience, from the Court of Appeal to the County Court.
Employment: Adam has substantial experience of both High Court and Employment Tribunal litigation. He has been involved in numerous cases concerning restrictive covenants, breach of confidence and fiduciary duties. His ET experience includes the entire range of employment litigation, with a particular focus on discrimination.
Professional Negligence: Adam has been involved in a wide variety of professional negligence actions, including accountants/auditors, auctioneers, barristers, estate agents, financial advisers, insurance brokers, mortgage brokers, property managers, receivers, solicitors, stockbrokers and surveyors/valuers.
Other: Adam has experience in a number of other fields, including personal tax, directors disqualification and vexatious litigants.
Recommendations (Practitioners' Guides)
Recommended by Legal 500 for employment work: “very commercial, mature, sensible and a good all-rounder”
Education
BA Jurisprudence (Oxon) First Class honours
BCL (Oxon) First Class honours
Prizes & Scholarships
Inner Temple Major Scholarship 1994
Eldon Law Scholarship 1994 (best University of Oxford student going to the Bar)
Scarman Scholarship, Inns of Court School of Law (2nd in Bar Finals, 1993)
Appointments
Junior Counsel to the Crown 'A Panel,' 2007 -
Junior Counsel to the Crown, 'B Panel' 2003-2007
Junior Counsel to the Crown, 'C Panel' 1999-2003
Memberships
COMBAR, PNBA, ELBA
Recent Practice
Commercial Litigation:
Commercial litigation forms the core of Adam’s practice and includes both general commercial work as well as specific areas such as banking, insurance/reinsurance, financial services, conflicts of laws and company/insolvency.
Recent reported cases include Equitas v. Horace Holman (accounting duties of reinsurance broker to reinsured), G&A v. HN Jewelry (meaning of a “rolling contract”) and Bell Electric v. Aweco (commercial agents; security pending appeal).
Adam has acted on many injunction applications, frequently at short notice. Typical examples include freezing orders, enforcement of restrictive covenants, and prevention of breach of confidence.
Adam also has particular recent experience in the areas of franchising, commercial agents and sale of goods.
Employment:
Adam has extensive experience of both large-scale commercial employment litigation (restrictive covenants, confidentiality, fiduciary duties, TUPE) and individual employment litigation (involving both High Court bonus claims and Employment Tribunal proceedings).
He has represented HRH The Prince of Wales in successful defence of tribunal proceedings alleging race discrimination and sex discrimination by former employees at Highgrove and Clarence House. He has also represented HRH The Princess Royal (successful defence of tribunal claim for unfair redundancy dismissal) and The Duchy of Lancaster (claim for wrongful dismissal settled before trial).
In addition, Adam has advised/acted in several cases involving the termination of the contracts of senior executives of FTSE 100 companies, a claim by a dismissed hedge fund manager for breach of contract, and in numerous claims against government departments, including “whistleblowing” claims.
Adam also regularly acts for government departments, as a member of the “A Panel” of Treasury Counsel, and deals with a wide variety of complex claims, including equal pay, age discrimination, race and sex discrimination, and TUPE.
Recent cases include: Ainsworth v. Commissioners of Inland Revenue (whether employees on sick leave can claim holiday pay under the Working Time Regulations); Fernandez v. Officer of the Parliamentary Commissioner (EAT, race and sex discrimination, Bean J, July 2006); and King and Khan v. Home Office (EAT, claims of race and sex discrimination, unfair dismissal, public interest disclosure dismissal and breach of contract, HHJ McMullen QC, December 2006).
Partnership:
Adam has specific experience of a wide range of partnership issues. This includes both general matters such as the existence of a partnership agreement, fiduciary duties, winding-up and dissolution of partnerships, and accounting between partners, as well as more specialist areas such as enforcement of partnership covenants in both dissolution and “poaching” cases. In this context, Adam’s employment experience has additional relevance.
Recent cases include the dissolution of a solicitors’ partnership agreement and claims to enforce restrictive covenants, a claim by a partnership for an account of profits in relation to the diversion of partnership business, and claims for breach of fiduciary duty against former partners.
Professional Negligence:
Adam’s professional negligence work encompasses the widest range of claims. He has extensive experience in relation to Independent Financial Advisers and contributes to the chapter on Financial Services in Professional Negligence and Liability (Informa, looseleaf). Recent reported cases include FSCS v. Larnell and The Stax Claimants v. Bank of Nova Scotia.
Adam has also acted in many other cases, including, most recently, claims against solicitors, accountants and insurance brokers. His reported cases include Cohen v. Smith & Williamson (receivers) and Knapp v. Ecclesiastical (insurance brokers).
Banking & Finance:
Adam has been frequently instructed by high street banks in relation to disputed recoveries, involving loans, guarantees and mortgages, with particular recent experience in dealing with attempts to set aside transactions on the ground of undue influence/misrepresentation. Adam has also advised and acted in cases concerned with letters of credit and cheques.
Insurance & Reinsurance:
Adam has acted in numerous reinsurance arbitrations, with particular recent experience of PA business and the Lloyd’s market more generally. In relation to direct insurance work, Adam has advised/acted in several recent cases concerned with coverage/notification points, as well as avoidance issues (eg. Mundi v. Lincoln Assurance).
Financial Services:
Adam has extensive knowledge and experience of financial services, particularly in the contexts of commercial litigation, professional negligence and employment.
Conflict of Laws & Private International Law:
Much of Adam’s commercial litigation practice gives rise to issues of private international law. Adam has recently acted in cases involving anti-suit injunctions and jurisdiction disputes (both international and intra-UK). He appeared in a leading case on the strength of the presumption in Article 4 of the Rome Convention (Samcrete Egypt Engineers and Contractors v. Land Rover Exports Ltd).
Company Law:
Adam has been involved in many cases directly or indirectly concerned with issues of company law, including directors’ duties, unfair prejudice petitions, preferences, wrongful trading and use of prohibited company names. He has substantial experience in directors disqualification proceedings.
Insolvency:
Adam has a wide range of experience of insolvency issues. Recent examples include proceedings concerned with the recovery of property pursuant to a retention of title clause and administrator’s duties, the effect of a liquidation on limitation periods (FSCS v. Larnell), obtaining injunctions to restrain winding-up petitions, and a professional negligence claim against receivers (Cohen v. TSB Bank; Smith and Williamson).
Personal taxation:
As a member of the “B Panel” of Treasury Counsel (and, more recently, the “A Panel”), Adam has been instructed by HM Revenue & Customs in a wide variety of cases. A number of these have been reported, including Wilson v. Clayton (2005), Khawaja v. Etty (2003) and Kerr v. Brown (2002).
Administrative & Public Law:
Adam has frequently appeared in the Administrative Court, dealing with cases involving vexatious litigants on behalf of the Attorney General. Adam has also been instructed in regulatory cases involving the Financial Services Authority and the Law Society.
Notable Cases:
- Equitas v. Horace Holman [2007] EWHC 903 (Comm): Duties of reinsurance broker to account to reinsured – led by Robert Anderson QC
- Kumar v. Department for Constitutional Affairs [2006] EWCA Civ 990: Power of court to make civil restraint orders – whether orders have to be marked “totally without merit” to be admissible
- King and Khan v. Home Office, EAT (UK/EAT/0250/06): Claims of race and sex discrimination, unfair dismissal, public interest disclosure dismissal and breach of contract - HHJ McMullen QC - December 2006.
- Fernandez v. Office of the Parliamentary Commissioner, EAT (UK/EAT/0180/06): Claim of race and sex discrimination following dismissal - application of the reversed burden of proof - Bean J - July 2006.
- Hart v English Heritage [2006] ICR 655; [2006] IRLR 915, EAT: Employment – Grievance procedures – time limits – Extent of ET’s power of review
- Wilson v. Clayton [2005] EWCA Civ 1657; [2005] IRLR 105, CA: - Tax and employment – liability to tax of purported “compensatory awards” for unfair dismissal where employees reinstated and compensatory award not open to Tribunal
- Ainsworth v. Commissioners of Inland Revenue [2005] ICR 1149; [2005] IRLR 465, CA: [Led by Nicholas Underhill QC] – Working Time Regulations 1998 – payment of holiday pay to employees on sick leave
- AG v. Ebert [2005] EWHC 1254; [2005] BPIR 1056: Injunction to restrain activities of vexatious litigant in making applications for permission under s.42 Supreme Court Act 1981
- FSCS v. Larnell [2005] EWCA Civ 1408; [2006] QB 808; [2006] 2 WLR 751, CA: limitation against a company in liquidation - claimant seeking to establish liability for the purpose of a claim against the company’s insurers under the Third Party (Rights Against Insurers) Act 1930
- Hill v. DEFRA [2005] BPIR 1330 (Hart J): Illegality – claimant involved in management of company despite being an undischarged bankrupt
- Khawaja v. Etty [2003] EWHC 2883 (Ch); [2004] STC 669: Under-declaration of profits – Appeal to High Court
- Samcrete Egypt Engineers and Contractors v. Land Rover Exports Ltd [2001] EWCA Civ 2019; [2002] CLC 533, CA: Contracts (Applicable Law) Act 1990 – implied choice of law – strength of Article 4 presumption
- Bell Electric v. Aweco, The Times, 20 November 2002, CA: security for judgment pending appeal
- Cohen v. TSB Bank, Smith and Williamson [2002] 2 BCLC 32 (Etherton J): duties of receivers
- Kerr v. Brown [2002] STC 434: Special Commissioners – use by fire officers of vehicles when travelling between home and work
- Attorney-General v. Covey, The Times, 2/3/01, CA: [Led by James Eadie] – Compatibility of section 42 Supreme Court Act 1981 with Human Rights Act 1998
- George Barkes Ltd v. LFC Insurance Brokers [2000] PNLR (HHJ Hallgarten QC): duties of insurance brokers — causation
- Forrest v. Towry Law Financial Services, The Times, 3 December 1999 (Nicholas Strauss QC): Renewal of writ — concurrent proceedings in court and before Pensions Ombudsman
- Society of Lloyd’s v. Robinson [1999] 1 WLR 756, HL: [Led by Nicholas Underhill QC] – Construction of Lloyd’s Premiums Trust Deed — effect of retrospective amendments
- JJD v. Avon Tyres Ltd [1999] CLC 702 (Evans-Lombe J); CA Transcript, 23 February 2000, CA: duties of bailee after expiry of reasonable time — onus of proof — measure of damages
- Royal Bank of Scotland v. Etridge (No.2) [1998] 4 All E R 705, CA (also reported as Moore v. Zerfahs [1999] Lloyd’s Rep PN 144): [Led by Nicholas Underhill QC] – scope of duties of mortgage broker — causation — damages recoverable
- Knapp v. Ecclesiastical Insurance Co [1997] PNLR, CA: [Led by Ronald Walker QC] – limitation — insurance brokers — negligence in obtaining a voidable policy of insurance
- St Albans City and District Council v. International Computers Ltd [1996] 4 All E R 481, CA: [Led by Conrad Dehn QC] – computer software — sale of goods — damages — Unfair Contract Terms Act 1977
Publications
- Co-author (with Peter Hamilton and Simon Beckwith) of the chapter on Financial Services in Professional Negligence and Liability (Informa, looseleaf).
- Co-author (with Professor Ewan McKendrick of the University of Oxford) of new volume for Halsbury’s Laws on the subject of Restitution published in December 2000 (Volume 40(2)).
- Chapter on “Acceptance, Delivery and Payment” in Sale of Goods (edited by Professor McKendrick, LLP, 2000).
- Two chapters in Carriage by Air (“Passenger Ticket and Baggage Check” and “Procedural Issues”), Butterworths, 2000.
Professional Negligence and Liability
Other Experience
Adam is a reviewer for the Bar Pro Bono Unit (employment cases).
Languages
French (competent)
Interests
- Trying to find time to spend with my family
- Breaking the world land speed record in a G-Wiz (top speed so far - 42mph)
- Closely following the fortunes of Celtic FC (on the whole a happy experience)