Mr Tom Hibbert

Tom Hibbert

Lawyer biography

Tom heads our Financial Disputes team. He specialises in investment banking litigation with an emphasis on capital markets and fund management related matters. He also has extensive expertise in advising on claims of negligence in the financial markets. His experience includes acting on disputes arising from the Russian debt crisis, as well as those related to the Eurobond and other money markets. He has also acted in litigation regarding collapsed syndicated loans.

Tom has acted in a variety of disputes arising from the credit crunch, principally for institutional investors, including various funds and non-UK banks and corporations. He has repeatedly been recommended for his banking litigation work in leading independent legal directories Chambers UK and Legal 500.

Selected directory listings

  • "A 'perfect City litigation solicitor who really understand clients' ...applauded for his 'impressive, pragmatic and innovative' advice" - Chambers UK 2013
  • "'a real star,' who is 'great with clients' and has 'good judgement'" - Chambers UK 2013
  • Listed as a leading individual in Banking Litigation - The Legal 500, 2012 edition
  • "well-established and respected" - Chambers UK 2012
  • "knows how to get the very best out of the Bar and thus provides his clients with the most comprehensive litigation service imaginable" - The Legal 500, 2012 edition
  • 'Tom Hibbert of Reynolds Porter Chamberlain LLP is chosen by clients "to run big pieces of litigation". They note his ability to "co-ordinate work effortlessly, while also maintaining a strong presence as an individual litigator"' - Chambers UK, 2011
  • "one of the small handful of litigation lawyers in London who understand how complex financial instruments like synthetic CDOs and other structured notes work" - The Legal 500, 2010 edition
  • "frank, pragmatic and calm" - Chambers UK, 2010
  • "straightforward... good manner with clients" - The Legal 500, 2009 edition
  • "noted for his derivatives litigation expertise" - The Legal 500, 2009 edition
  • "an absolute joy to work with... always prepared for what's next" - Chambers UK 2009
  • 'Thomas Hibbert was singled out for his "intelligence and commercial attitude," - Chambers UK, 2008
  • "He's a great lawyer during both the good times and the tough ones" - Chambers UK 2008

Examples of relevant work

  • JPMorgan Chase v Springwell Navigation Corporation - Acting for the investor in a $500m claim involving allegations of mis-selling, negligent advice and misrepresentation
  • Acted for various pension funds against fund managers in relation to allegations of mismanagement of equity and bond portfolios
  • Acted for various Brazilian investors in disputes with a US investment bank over the sale of Floating Rate Note
  • Advised large Turkish corporate in $225m dispute with an investment bank over equity put options
  • Acted for large hedge fund in $25m dispute with investment bank relating to total return swap
  • Advised Spanish bank in €12m dispute arising from Curve Steepness Deposit Agreement
  • Advised one of the largest financial institutions in Germany in claims arising from the ratings downgrade of a Swap Counterparty and contractual interpretation in relation to a synthetic CDO
  • Advised one of Europe’s largest insurers in relation to claims for rectification of documentation for a synthetic CDO

Updates

Litigation

The beginning of the end for mis-selling claims?
United Kingdom | 09 December 2014

The recent decision in Crestsign Ltd v National Westminster Bank plc is the latest in a series of cases relating to the mis-selling of financial products and provides an extreme example of how banks have been able to escape liability, notwithstanding findings of negligence and unreasonable disclaimers.

The Alexandros T: Supreme Court considers Regulation 44/2001
United Kingdom | 03 December 2013

The Supreme Court has delivered an important decision on the application of Articles 27 and 28 of EU Regulation 44/2001 in the English courts. The decision has once again emphasised the importance that the English courts in particular attribute to contractual jurisdiction clauses and their willingness to give them wide effect.

High Court considers RBS's liability for structured lending facility
United Kingdom | 17 September 2013

The High Court recently considered whether the Royal Bank of Scotland (RBS) was liable to an investor, Torre, in relation to a structured lending facility arranged by RBS for Dunedin Property Industrial Fund (Holdings) Limited. Dunedin went into administrative receivership in late 2008, which led to significant losses to the lenders in the finance structure, including Torre.

Credit crunch litigation drives rise in High Court claims
United Kingdom | 09 November 2010

The number of new claims launched in the High Court suggests that the increase in substantial, complex litigation following the credit crunch is continuing. Increasingly, claims are being launched against investment banks by institutional investors and other banks that were sold 'toxic' financial products. However, the devastating upsurge in claims that was predicted in the darkest days of the credit crunch has yet to materialise.

Conflicting approaches to prioritization of payments from synthetic CDOs
United Kingdom | 25 May 2010

In cases arising from the Lehman Brothers insolvency, the English and US courts have recently considered the legality of 'flip' provisions in the context of synthetic collateralized debt obligation transactions. The provisions were challenged in the English courts on the basis that they breached the English 'anti-deprivation' rule, and in the United States under the US Bankruptcy Code.