Tom Montagu-Smith#3162

Tom Montagu-Smith, KC

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&A

This Q&A deals with the effect of limitation periods on counterclaims.

Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard
Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard
Q&A

This Q&A considers the applicability of the common law rules of offer and acceptance to Part 36 offers.

If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be
If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be
Q&A

This Q&A considers whether client’s instructions to a surveyor can be required to be disclosed in a boundary dispute.

In an antitrust case with multiple claimants and defendants would the court apply the applicable law test
In an antitrust case with multiple claimants and defendants would the court apply the applicable law test
Q&A

This Q&A deals with how the court will approach questions of applicable law where there are multiple parties to a dispute.

What are the consequences where the court gives permission to amend one paragraph of the particulars of
What are the consequences where the court gives permission to amend one paragraph of the particulars of
Q&A

This Q&A deals with the status of amendments to a statement of case which exceed the permission granted by the Court.

What steps should be taken, and what effect does it have on the proceedings, where you become aware the
What steps should be taken, and what effect does it have on the proceedings, where you become aware the
Q&A

This Q&A deals with the steps to be taken and the effect on proceedings where a party becomes aware that the defendant’s address has changed before issuing the claim form, after issuing but before serving the claim form, after serving the claim form and at any later stage in the proceedings.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2001

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