Mr Thomas Braithwaite

Introduction

Tom acts in all types of property disputes, in both the county and high courts. His recent cases include:

Nissan v. Four Square [2013]: Validity and construction of an easement to park.

Faulkner Investments v. Nassif [2012]: Claim concerning the status of occupation of a discretionary beneficiary of an offshore trust.

BOC v. Aeternum Capital [2012] (Comm) – Claim for specific performance under a development agreement.

Amin v Amin [2009] EWHC 3356 (Ch) – Acting for family and minor partnership interests in a wide-ranging partnership dispute, including claims to a constructive trust interest in the family home.

Volta Developments v Waltham Forest Friendly Society [2008] EWHC 1295 (Ch) – Construction of grant of right of way.

Crown Estate v. Roberts [2008] 4 All ER 828 (Ch) – Acting for the Crown Estate to defeat various manorial claims over the foreshore and seabed of Pembrokeshire based upon the supposed ancient rights of the Lord Marchers.

Roberts v. Swangrove Estates & others [2007] 2 P&CR 17 (Ch) and [2008] Ch 439 (CA) – Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession.

Tom combines his property practice with other areas of chancery commercial work, including:

Partnership - Professional partnership disputes, LLPs and dissolutions
Company & Insolvency
Wills & Trusts, including offshore trusts
Professional Negligence - in these and other fields.

Specialisms

Tom is frequently called upon to advise in more esoteric areas of property law, including manorial claims, rentcharges and foreshore rights.

Directory Recommendations

• Real Estate Litigation (Chambers & Partners)
• Property Litigation (Legal 500)
• Property (Legal Experts)
• Partnership (Chambers & Partners)
• Company (Legal 500)
• Partnership (Legal 500)
• Professional Negligence (Legal 500)

"Very astute and superb on his feet"

"First class with clients"

"Very gifted and technically able"

"Reliable and persuasive"

"Intellectually very bright"

"An impressive junior who will go a long way"

"Hard-working, analytical and known for working all the angles in a case"

"A very heavyweight name to add to any opinion"

Chambers & Partners

"An excellent advocate and a superb draftsman"

"A mastery of the factual matrix and legal arguments... impressive"

"An uncanny ability to provide clear advice on knotty subjects of law"

"Incredibly good at recalling details on complex matters"

"Superb, businesslike manner with clients"

Legal 500

"Highly Recommended"

Legal Week

Languages

French (working knowledge)

Publications