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Background
Thomas Keane

Thomas Keane

Call: 2017

Thomas Keane is a member of the Business & Property group and practises across the following areas:

  • Commercial Litigation
  • Company
  • Trusts and Charities
  • Insolvency
  • Insurance
  • Real Estate

Thomas appears in the County Court and High Court on interlocutory applications, civil procedure hearings and in trials across all tracks.

He is regularly instructed on procedural applications including directions hearings, summary judgment and strike out applications, relief from sanctions, setting aside default judgment and security for costs.

Expertise

Business & Property

Thomas practices the following areas:

Commercial Litigation

Thomas specialises in commercial law and has extensive experience, both contentious and transactional. Prior to the Bar he worked in the legal teams of Warner Bros Entertainment UK, Time Inc UK, Formula 1, and Convex Insurance.

His knowledge of commercial contracts across sectors, and the disputes arising from, is considerable. He has reviewed, negotiated, drafted, and advised on a broad range of commercial contracts, including sponsorship, distribution, consultancy, framework, goods and services, and IT agreements, and general terms and conditions.

Thomas has a particular interest and experience in:

  • Advertising and marketing, including ADTech agreements, and the provisions of the ASA BCAP and CAP codes
  • Broadcasting and media rights
  • Charity partnership and corporate social responsibility agreements
  • Consumer legislation, including under the Consumer Rights Act 2015, the Consumer Credit Act 1974 and the Consumer Contracts (Information,
  • Cancellation and Additional Charges) Regulations 2013 E-commerce
  • Licensing and merchandise

His practice includes: Arbitration

  • Assignment
  • Bailment
  • Confidentiality
  • Consumer actions, including unfairness and secret commissions Contract formation
  • Contractual interpretation Conversion
  • Data protection and GDPR Debt recovery
  • Frustration
  • Guarantees
  • Indemnities
  • Injunctions
  • Misrepresentation
  • Novation
  • Provision of services
  • Restitution and unjust enrichment Sale of goods
  • Warranties Undue Influence

Recent paperwork includes:

  • drafting particulars of claim for payments due under a loan agreement
  • advising on the merits of defending a without notice injunction application drafting particulars of claim for the recovery of two Porsche sports cars
  • drafting a defence to a claim for breach of a marketing and web services contract

Company & Partnership

Thomas specialises in company law. Having studied company law electives throughout his legal studies he was placed first in his year.

Prior to joining the Bar, Thomas worked for six years in the legal teams of several blue-chip companies including Formula 1 and Convex Insurance. He has extensive experience of corporate governance, group structures, inter-company agreements, and board meetings. He was a member of the deal team that managed the sale of Time Inc. UK to private equity firm, Epiris.

Thomas has a particular interest in the law and guidance concerning directors’ remuneration, business and human rights, and corporate social responsibility. He has negotiated and drafted several charity partnership agreements between corporate entities and registered charities.

Thomas’s practice covers all aspects of company law including:

Articles of association / company constitution

  • Board meetings
  • Company charges
  • Company names and trading disclosures
  • Corporate governance
  • Derivative claims
  • Director disqualification / removal of directors Directors’ duties
  • Directors’ remuneration
  • Dissolution and restoration
  • Fraudulent trading
  • Share capital and share allotments
  • Shareholder consents and voting rights
  • Shareholder disputes
  • Takeovers Transfer of shares
  • Unfair Prejudice

Recent paperwork includes:

  • advising on the provisions under The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
  • advising on registration of company charges
  • advising on actual and ostensible authority of directors
  • drafting pleadings and witness statements in response to a 994 petition

Insolvency

Thomas specialises in insolvency law and is instructed regularly on matters in the Insolvency and Companies List, Winders List and Bankruptcies List.

His practice covers both personal and corporate insolvency, including:

  • Administrations
  • Applications under the Insolvency Act including:
    • s.130(2) – leave to commence proceedings against an insolvent company s.135 – appointment of a provisional liquidator
    • s.212 – misfeasance
    • s.213 – fraudulent trading
    • s.214 – wrongful trading
    • s.238 – transactions at an undervalue
    • s.239 – preference
    • Bankruptcy
    • CVAs and CVLs
    • Director disqualification
    • Insolvent trusts
    • Liquidation
    • Statutory demands (including setting aside statutory demands) Winding-up petitions

Recent paperwork includes advising on:

  • an insolvent company holding assigned claims on trust for a litigation investment company
  • setting aside a statutory demand arising out of breach of payment obligations under a share purchase agreement
  • opposing a strike out application brought against a claim arising out of a bankrupt estate
  • disclaimer of onerous property, including leasehold interests

From 2016, Thomas has assisted at CO.IN – the Company Insolvency Pro Bono Scheme, which provides free legal advice and representation to assist litigants in person at the Winding Up Court at the Rolls Building, London.

Insurance Disputes

Thomas represents both insurers and insureds across a range of sectors, particuarly property, directors and officers and crisis management.

His practice includes:

  • Contribution
  • Fraudulent claims Non-disclosure
  • Policy construction and coverage
  • Subrogation

Prior to pupillage, Thomas worked in the legal team of Convex Insurance – a commercial insurance company specialising in complex risk, based in London, Guernsey Bermuda and Luxembourg. He assisted in drafting (re)insurance wordings, including equine and livestock policy extensions and endorsements; property damage wordings; and a new terrorism and sabotage wording. He also reviewed reinsurance trust agreements.

Real Estate

Thomas practises across the full spectrum of property and land matters, including commercial and residential landlord and tenant, and has a busy court and paperwork practice. He appears regularly in the possession list, for both claimants and defendants across all statutory grounds.

He specialises in commercial landlord and tenant matters, having gained an ‘outstanding’ in his Bar elective, and regularly advises on property torts, particularly private nuisance, trespass to land, and property damage.

His practice includes:

  • Adverse possession
  • Commercial landlord and tenant, including ’54 Act renewals, rent review, forfeiture, break clauses
  • Contacts of sale
  • Dilapidation and disrepair
  • Easements, land covenants ad boundary disputes
  • Land registration
  • Licences
  • Mortgages
  • Nuisance
  • Overage
  • Possession claims
  • Property damage, including by fire, flooding
  • Property insolvency
  • Proprietary estoppel
  • Relief from Forfeiture
  • Residential landlord and tenant, including possession, disrepair, unlawful eviction
  • Restrictive Covenants
  • Trespass to land
  • Trusts of land

Recent paperwork includes:

  • advising on disclaimer of leasehold interests
  • drafting particulars of claim for payment of letting agency fees
  • drafting a defence to unlawful eviction
  • drafting possession proceedings under grounds 8, 10, 11 for rent arrears
  • advising on a proprietary estoppel claim relating to warehouse units
  • advising on claims against a development company for damage to land caused by badgers
  • advising on claims against a development company for damage caused by water ingress
  • advising on damage to a residential property caused by subsidence, and provisions under the Latent Damages Act 1986

Charities

Having worked for charities and sat on charity boards for over 12 years, Thomas has extensive knowledge of charity governance and procedure.

He advises on

  • regulatory and disciplinary matters facing charities
  • the conduct of trustees
  • the interpretation of trust deeds and other governing documents
  • civil and property matters
  • charity legislation, including the changes introduced by the Charities Act 2022.

Trusts

Thomas advises on commercial and private trust matters including:

  • breach of trust
  • charitable trusts
  • construction of trust deeds
  • deeds of appointment (both of assets and trustees drafting of trust deeds
  • powers and duties of trustees
  • proprietary estoppel
  • tracing claims
  • variation of trust applications
  • vesting orders

Thomas has recently advised, drafted pleadings and successfully applied for summary judgment in the High Court on a long-standing breach of trust claim, acting for the beneficiary of a property held on trust by the beneficiary’s mother.

  • Major Scholarship (Inner Temple)
  • Duke of Edinburgh Entrance Award (Inner Temple)
  • Company Law Prize (Open University)
  • Postgraduate Scholarship (The Wolfson Foundation)
  • Postgraduate Scholarship (Musicians Benevolent Fund)
  • Sir John Barbirolli Memorial Scholarship (The Royal Philharmonic Society)
  • BACFI
  • Chancery Bar Association
  • The Honourable Society of Inner Temple
  • BPTC – The City Law School
  • GDL – The University of Law
  • BMus (hons) – Guildhall School of Music & Drama
  • Applying for summary judgment of a breach of trust claim in the Chancery Division of the High Court
  • Defending a without notice injunction brought by a tenant of a mixed used commercial premises • Defending a relief from forfeiture claim at trial, brought by a tenant of a commercial unit
  • Acting for a liquidators, companies and creditors in insolvency applications in the ICC Court
  • Defending claims brought under the Consumer Credit Act 1974, both for unfair relationship and
    secret commission
  • Defending a specific disclosure application for data protected by national security provisions
  • From 2016, Thomas has assisted at CO.IN – the Company Insolvency Pro Bono Scheme, which provides free legal advice and representation to assist litigants in person using the Winding Up Court at the Rolls Building, London.

Prior to coming to the Bar, Thomas worked in the legal teams at Formula 1, Warner Bros Entertainment UK, Time Inc. UK and Convex Insurance. He has extensive commercial and corporate experience, both contentious and transactional.

Prior to changing career to law, Thomas worked for twelve years as a professional clarinettist and freelance arts producer. He played professionally with a range of ensembles, including Britten Sinfonia, and taught and lectured at several educational institutions, including the Guildhall School of Music & Drama, Goldsmiths University and Manchester Metropolitan University.

He has worked with over seventy organisations across the UK and internationally on collaborative arts projects and commissions, including BBC Radio 3, Classic FM, the New York Philharmonic, Rambert Dance, Faber Press, the Morgan Library & Museum, the Royal Philharmonic Society and the British Film Institute.

Thomas has served as a director and trustee of the National Children’s Orchestras of Great Britain, as a trustee of the Hargreaves and Ball Trust, and as a music judge for the Sky Academy Arts Scholarships and for the PRS Foundation.

Clerk Team

Danny Griffiths

Director of Clerking (Birmingham)

danielg@no5.com

07960 831815

Jordan Zaza

Business & Property Clerk

jordanz@no5.com

Daniel Birch

Business & Property Clerk

danielbirch@no5.com

Olivia McIntyre

Business & Property Clerk

oliviam@no5.com

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