Adam Tolley
Call date
1994
Practice Areas
Adam has a wide-ranging practice, specialising in employment and commercial law.
His employment law practice encompasses both High Court litigation and the full range of Employment Tribunal work.
Adam’s general commercial law practice includes:-
- Professional negligence
- Insurance and reinsurance
- Banking and financial services
- 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, and insurance/reinsurance. He has extensive advocacy experience, from the Court of Appeal to the County Court. He is also used to working as part of a larger team, with both leading counsel and more junior counsel.
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 and whistleblowing.
Professional Negligence: Adam has been involved in a wide variety of professional negligence actions, including accountants/auditors, auctioneers, barristers, estate agents, financial advisers, fund managers, insurance brokers, mortgage brokers, pension fund administrators, property managers, receivers, solicitors, stockbrokers and surveyors/valuers.
Other: Adam has experience in a number of other fields, including personal tax and vexatious litigants.
Details of Adam’s many reported cases, in most of which he has appeared without a leader, may be found at the end of this CV.
Recommendations (Practitioners' Guides)
Recommended by Legal 500 2007, 2008 and 2009 for employment work:
“one to watch”; “building a solid reputation” (2009);
“top junior” (2008);
“very commercial, mature, sensible and a good all-rounder” (2007)
Recommended by Chambers & Partners 2009 and 2010 for employment work:
“absolutely committed and exceptionally patient in his work” (2010);
“a great all-round junior who is mature, sensible and commercial”; “an advocate who doesn’t miss a trick”; “particularly recommended for bonus disputes and is regularly instructed by the Treasury Solicitor” (2009).
Education
BA Jurisprudence (Oxon) First Class honours
BCL (Oxon) First Class honours
Appointments
Junior Counsel to the Crown 'A Panel', since 2007
Memberships
COMBAR, PNBA, ELBA, ILS,ELA
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.
He has recently been instructed as junior counsel (with Brian Doctor QC) in proceedings involving claims for the recovery of US$300m brought by a major Kazakhstan bank against its former chief executive: JSC BTA Bank v Ablyazov & others. Points concerning the terms of freezing orders, the scope of the privilege against self-incrimination and confidentiality went to the Court of Appeal: [2009] EWCA Civ 1124 and 1125.
Other reported cases include Equitas v Horace Holman [2007] Lloyd’s Rep IR 567 (accounting duties of reinsurance broker to reinsured), G&A v HN Jewelry [2004] EWCA Civ 674 (meaning of a “rolling contract”); Bell Electric v Aweco [2003] 1 All ER 344 (commercial agents; security pending appeal); and Samcrete Egypt v Land Rover Exports [2001] EWCA CIv 2019; [2002] CLC 533 (governing law; guarantees; Rome Convention).
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, and claims for breach of contract in relation to bonus and other incentive schemes. He acts for claimants as well as respondents, including particular recent experience of “whistleblowing” dismissals, as well as discrimination, bullying and stress at work litigation.
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 and issues, including equal pay, age discrimination, race and sex discrimination, and TUPE. Many of these cases are test claims, also often involving group litigation.
Recent reported cases include:
- AB v MoD [2010] ICR 54 – circumstances in which ET hearings should be held in private for reasons of national security
- HMRC v Ainsworth [2009] ICR 985 – entitlement to annual leave under Working Time Regulations for workers on sick leave
- Annabel’s v. HMRC [2009] ICR 1123 – tips paid through a tronc should not count for the purpose of National Minimum Wage
- Secretary of State for Business v. Neufeld [2009] ICR 1183– circumstances in which a director and majority shareholder of a company may be regarded as an employee
- Hart v. English Heritage [2006] ICR 655 - ET’s power to review case management decisions.
Professional Negligence:
Adam’s professional negligence work encompasses the widest range of claims. He has extensive experience in relation to Independent Financial Advisers, fund managers and pension fund administrators and contributes to the chapter on Financial Services in Professional Negligence and Liability (Informa, looseleaf). Recent reported cases include FSCS v. Larnell [2006] QB 808 and The Stax Claimants v. Bank of Nova Scotia [2007] EWHC 143 (Ch).
Adam has also acted in many other cases, including, most recently, claims against solicitors, accountants and insurance brokers. His other reported cases include Cohen v. Smith & Williamson [2002] 2 BCLC 32 (receivers) and Knapp v. Ecclesiastical [1998] Lloyd’s Rep IR 390 (insurance brokers/limitation).
Insurance & Reinsurance:
In relation to direct insurance work, Adam has advised/acted in numerous recent cases concerned with coverage/notification points, as well as avoidance issues (eg. Mundi v. Lincoln Assurance [2006] Lloyd’s Rep IR 353).
Adam has acted regularly in reinsurance arbitrations, with particular recent experience of PA business and the Lloyd’s market more generally.
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.
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 [2002] CLC 533, CA).
Company Law:
Adam has been involved in many cases directly or indirectly concerned with issues of company law, including directors’ duties, appointment of provisional liquidators, 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. These 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 [2006] QB 808), obtaining injunctions to restrain winding-up petitions, and a professional negligence claim against receivers (Cohen v. TSB Bank; Smith and Williamson [2002] 2 BCLC 32).
Personal taxation:
Adam has been instructed by HM Revenue & Customs in a wide variety of cases, frequently involving overlap between matters of employment law and tax law. These cases include:
- Weightwatchers (UK) Ltd v HMRC [2010] UKFTT 54 (TC) – whether Weightwatchers Leaders are employees
- HMRC v Khawaja [2009] 1 WLR 398; [2009] Bus L R 134 - standard of proof applicable in income tax penalty proceedings
- Wilson v Clayton [2005] IRLR 105 – taxation position re: compensatory awards made by Tribunal without jurisdiction and paid to employees
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.
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.
Administrative & Public Law:
Adam has frequently appeared in the Administrative Court, dealing with cases involving vexatious litigants on behalf of the Attorney General. In addition, Adam has specific expertise in relation to civil restraint orders, having appeared in a leading case (Kumar v DCA [2007] 1 WLR 536) and successfully challenged an extended CRO on appeal on the basis of excess of jurisdiction (Hayes v Hayes [2008] All ER (D) 203). Adam has also been instructed in regulatory judicial review claims involving the Financial Services Authority and the Law Society.
Notable Reported Cases:
- AB v MoD [2010] ICR 54, EAT: circumstances in which ET hearings should be held in private for reasons of national security
- JSC BTA Bank v Ablyazov [2009] EWCA Civ 1124; [2010] CP Rep 8 [led by Brian Doctor QC]: scope of privilege against self-incrimination in relation to order to provide information pursuant to freezing injunction
- HMRC v Ainsworth [2009] UKHL 31; [2009] ICR 985 [led by John Cavanagh QC]: entitlement to holiday pay under Working Time Regulations to workers on sick leave
- Annabel’s v HMRC [2009] EWCA Civ 361: [2009] ICR 1123: tips paid through a tronc should not count for the purpose of National Minimum Wage
- Secretary of State for Business v Neufeld [2009] EWCA Civ 280; [2009] CR 1183: circumstances in which a director and majority shareholder of a company may be regarded as an employee
- Hay v Ministry of Defence Police [2008] IRLR 928; [2008] ICR 1247: meaning of “impairment” in context of disability discrimination claim
- HMRC v Khawaja [2009] 1 WLR 398; [2009] Bus L R 134; [2008] STC 2880: standard of proof in tax penalty proceedings
- Hayes v Hayes [2008] All ER (D) 203: limits of jurisdiction of County Court Judge in relation to extended civil restraint order
- Equitas v Horace Holman [2007] EWHC 903 (Comm); [2007] Lloyd’s Rep IR 567 [led by Robert Anderson QC]: duties of reinsurance broker to account to reinsured
- Kumar v Department for Constitutional Affairs [2006] EWCA Civ 990; [2007] 1 WLR 536: power of court to make civil restraint orders – whether orders have to be marked “totally without merit” to be admissible
- Hart v English Heritage [2006] ICR 655; [2006] IRLR 915, EAT: extent of ET’s power to review earlier case management decisions
- Mundi v Lincoln Assurance [2006] Lloyd’s Rep IR 353: avoidance of life insurance for non-disclosure of drinking habits
- Wilson v Clayton [2005] EWCA Civ 1657; [2005] IRLR 105, CA: liability to tax of purported “compensatory awards” for unfair dismissal where employees reinstated and compensatory award not open to Tribunal
- AG v Ebert [2005] EWHC 1254; [2005] BPIR 1056: restraining 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 in contract where claimant involved in management of company despite being an undischarged bankrupt
- 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, [2002] EWCA Civ 1501; [2003] 1 All E R 344, 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 QC]: 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 [1998] Lloyd’s Rep IR 390, 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 and Timothy Lamb 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)
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)