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RPC

TOWER BRIDGE HOUSE, ST KATHARINE'S WAY, LONDON, E1W 1AA, ENGLAND
Tel:
Work 020 3060 6000
Fax:
Fax 020 3060 7000
DX:
600 LONDON CITY
Email:
Web:
www.rpc.co.uk

Tom Hibbert

Tel:
Work 020 3060 6445
Email:
Web:
www.rpc.co.uk/people/tom-hibbert
RPC

Work Department

Financial disputes.

Position

Tom Hibbert is Global Head of RPC's Commercial Disputes practice and a senior partner in the Financial Disputes team. He specialises in investment banking disputes, particularly in the capital markets and arising from structured finance, derivatives and fund management, fraud related disputes and insolvency/restructuring. Tom acts primarily for institutional investors (continental/foreign banks and financial institutions, hedge funds, pension funds and investment vehicles for, for example, high-net-worth individuals) often in dispute with the largest investment banks.

Significant cases: JPMorgan Chase v Springwell Navigation Corporation, acting for the investor in a $500m claim involving allegations of mis-selling, negligent advice and misrepresentation relating to emerging markets securities; acting for CF Partners in its breach of confidence claim against Barclays Bank and Tricorona arising from Barclays’ purchase of Tricorona; advising 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; advising one of Europe’s largest insurers in relation to claims for rectification of documentation for a synthetic CDO; acting for Bank St Petersburg in its successful proceedings against Vitaly Arkhangelsky; acting for the Federal Republic of Nigeria in actions against JP Morgan, Shell and ENI arising from the corrupt allocation of the OPL 245 oil block.

Career

Qualified in 1993 and worked in banking litigation group at Richards Butler. Made a partner in 1999. Co-head of banking litigation at Richards Butler in 2006 and held the same position at Reed Smith following the merger in 2007. Joined Reynolds Porter Chamberlain in December 2009 as head of financial disputes. Co-author of ‘Banking Litigation’ published by Sweet & Maxwell. 

Education

Windsor Boys School; Gonville & Caius College, Cambridge University (1989 History (MA Cantab) First Class Honours); College of Law, Guildford (1990 Common Professional Examination; 1991 Law Society Finals (Distinction)).

Leisure

Reading; cinema; walking; Arsenal Football Club.


London: Crime, fraud and licensing

Fraud: civil

Within: Fraud: civil

RPC¬†acts in large-scale corporate investigations and fraud related disputes globally. The firm is acting for the claimant Sovcomflot as part of the Fiona Trust Litigation in a matter worth $85m. Tom Hibbert¬†heads the department, supported by Stuart Shepherd, who is ‚Äėan indefatigable and tenacious litigator with an encyclopaedic knowledge of shipping law and an ideal litigator in complex multi-jurisdictional fraud cases‚Äô. Chris Ross¬†was promoted to partner and Jonathan Cary¬†rejoined the London office from Hong Kong. Andy McGregor¬†¬†is also recommended.

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London: Dispute resolution

Banking litigation: investment and retail

Within: Leading individuals

Tom Hibbert - RPC

Within: Banking litigation: investment and retail

'One of the best firms for a client up against a big financial institution', RPC's conflict-free practice is able to act against investment banks for parties such as European regional banks, pension funds, hedge funds, other asset managers, and the investment vehicles of high-net-worth individuals. Representative work for the 'sound, concise, precise and effective team' includes disputes involving corporate bonds, hybrid products and complex structured investment products as well as disputes involving loan facilities and fraud; and the practice has experienced increasing amounts of insolvency and restructuring work. It acted for Cypriot company MountainPeak Trading, a wholly- owned subsidiary of German company Adler Real Estate, in its claim against Citibank in the English High Court for damages arising from an alleged overpayment under a facility agreement; the case raises interesting issues regarding the law of duress in a commercial setting. Department head Tom Hibbert 'must be about the best litigator around when going against a bank'; Simon Hart 'really knows his subject'; and Andy McGregor is 'a high- class performer'. Davina Given and Parham Kouchikali are also highly regarded. Jonathan Cary returned to London from the Hong Kong office and Chris Ross was made partner. Alan Williams is a key senior associate.

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Commercial litigation

Within: Commercial litigation

In addition to handling mainstream commercial disputes work, RPC fields a number of specialist contentious teams covering banking and finance, commodities, tax, employment, real Estate, IP, IT and insurance along with international arbitration, construction, competition and media. The team acted for Ingenious Media Holdings, a media production and finance company (and related companies and directors), in High Court claims brought by a large number of investors; the claims relate to alleged losses said to arise from investments into various film production partnerships and investors' ability to claim sideways loss tax relief. Commercial disputes head Geraldine Elliott has particular expertise in handling warranty claims, shareholder and joint venture disputes, and asset and financial recovery; and Tom Hibbert is global commercial disputes head. Simon Hart, Andy McGregor, Tim Brown, Rupert Boswall, Davina Given, and Parham Kouchikali and Stuart Shepherd are also key practitioners, while Jonathan Cary returned to the London office from Hong Kong. The key senior associates are Daniel Wyatt, Charlotte Henschen (née Ducker) and Matthew Evans.

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Legal Developments by:
RPC

  • Cancelling insurance: insolvency and downgrade clauses

    One of the most common concerns for both parties to an insurance contract (including reinsurance) is that the other party might become insolvent and unable to perform its obligations under the contract. Both insurer and insured will therefore wish to have the right to cancel the insurance mid-term in the event of the other party’s insolvency, or a change in its financial circumstances that makes its insolvency a more likely prospect in the near future.
    - Reynolds Porter Chamberlain LLP

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