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Portrait of Tom Dane

Tom Dane

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, Spanish

Tom is a partner and leads the Finance Disputes team in London.

Tom has over 15 years’ experience of litigating high value and complex disputes with a particular focus on banking and finance disputes. Tom is ranked as a leading individual for banking litigation in the legal directories.

In 2017, Tom was seconded to a large UK bank where he worked on a range of high profile matters including a substantial remediation scheme, follow on litigation against the bank and parallel regulatory investigations, together with more “business as usual” claims.

Tom regularly handles large scale cross-border disputes involving High Court proceedings or international arbitration. Tom also acts for international and domestic insolvency practitioners in pursuing claims on behalf of insolvent estates. Since becoming a partner in 2011, Tom has strong experience of working on contentious insolvency matters; civil fraud claims; joint venture disputes; claims regarding directors duties; and applications for interim remedies including freezing injunctions.

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Tom Dane is ranked as a leading individual for banking litigation and described as an “excellent litigator”

Legal 500, 2020

Tom Dane is recommended and “brutally efficient”.

Legal 500, 2017

"Strong litigator who is highly responsive and excellent with the business: a good person to have on your side in a dispute."

Chambers 2014

Relevant experience

  • UK bank in defending a £300m claim brought via Commercial Court proceedings.
  • Board of directors of an issuer of a USD 30 million Initial Coin Offering regarding a potential group action by claimant investors.
  • Turkish company and directors in relation to Commercial Court proceedings brought by eleven hedge funds alleging deceit in relation to a USD 200 million bond issue.
  • International bank in relation to an expert determination.
  • Liquidators of a UK company in relation to multi-million pound claims against former directors.
  • Investment bank in relation to a Stockholm Chamber of Commerce arbitration.
  • Russian clients in relation to a dispute arising from the multi-million dollar financing of a diamond business (Commercial Court trial and LCIA arbitration).
  • High net worth individual in relation to a dispute regarding multi-million dollar loan agreements and a family trust involving parallel proceedings in England, BVI, St Kitts & Nevis and St Vincent & Grenadines.
  • UK based wealth management company in defending various claims advanced by high net worth clients.
  • Public limited company in relation to an investigation by the Insolvency Service.
  • Various banks on disputes arising from commercial and retail banking operations such as remediation programmes, breach of mandate claims, and defending claims involving allegations of mis-selling and fraud.  Tom has been seconded full time as a partner to a major UK bank and so has good knowledge of the inner workings of financial institutions.
  • Financial institution in relation to its claim for over EUR 14 million against a German listed entity relating to commission due for introducing a significant hedge fund investor.
  • US Government Agency in relation to securing over USD 100 million of assets held in London financial institutions as a result of alleged cyber hacking perpetrated by European defendants in support of ongoing US legal proceedings.
  • The Swiss liquidators of the Petroplus Group on numerous English law issues arising out of a USD 2 billion facility agreement and the cross-border insolvency of the group, including pursuing claims before the English High Court.
  • Italian bank in relation to its claim against another bank for mis-selling a EUR 50 million structured note which included exposure to the first loss tranche of a synthetic CDO.
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Education

  • 2000 – LPC, Nottingham Law School (Distinction)
  • 1999 – LLB, University of Nottingham, Nottingham
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26 March 2021
LIBOR lit­ig­a­tion: High Court con­firms that a claimant must be “aware” of...
In the latest case in­volving a claim for mis­rep­res­ent­a­tion arising from the LIBOR scan­dal, the High Court has set a high bar for a suc­cess­ful mis­rep­res­ent­a­tion claim, in what is a help­ful de­cision for...
11 November 2020
Fin­ance Dis­putes: latest de­vel­op­ments and up­com­ing is­sues
Our Fin­ance Dis­putes pan­el­lists will look at three key risk areas in re­la­tion to the world of fin­ance. This ses­sion is suit­able for all at­tendees wheth­er you work in the fin­an­cial ser­vices sec­tor or not:Cryptoassets:...
22 September 2020
The Fin­CEN Files: the latest fin­an­cial scan­dal or storm in a tea­cup?
What are the Fin­CEN files? The Fin­an­cial Crimes En­force­ment Net­work (“Fin­CEN”) is a branch of the US treas­ury that aims to com­bat fin­an­cial crime. The ‘Fin­CEN files’ refers to an ap­par­ent leak...
21 September 2020
Ar­bit­ra­tion agree­ment = no wind­ing up pe­ti­tion?
In Tel­nic Ltd v Knipp Medi­en und Kom­munika­tion GmbH [2020] EWHC 2075 (Ch), Sir Geof­frey Vos sit­ting in the Eng­lish High Court ruled that where a debt is gov­erned by an ar­bit­ra­tion agree­ment, it is ap­pro­pri­ate...
11 August 2020
En­force­ment of fin­ance trans­ac­tions – slice and dice ap­proach to il­leg­al­ity 
Il­leg­al­ity com­mit­ted by some note­hold­ers does not pre­vent re­cov­ery on be­half of in­no­cent note­hold­ers un­der an Eng­lish law note in­stru­ment. In Madis­on Pa­cific Trust Lim­ited v (1) Shakoor Cap­it­al Com­pany...
09 July 2020
Se­cur­it­ies lit­ig­a­tion: Share­hold­er claims post Cov­id-19
In­tro­duc­tion Pri­or to the Cov­id-19 crisis the UK was already see­ing an up­tick in claims brought by share­hold­ers against com­pan­ies and dir­ect­ors. In par­tic­u­lar, there have been a num­ber of high pro­file...
09 June 2020
Good faith and ra­tion­al­ity – be­com­ing a trend?
In­tro­duc­tion As we look to emerge from the Cov­id-19 pan­dem­ic and deal with the res­ult­ant eco­nom­ic en­vir­on­ment, parties’ be­ha­viour vis-à-vis their coun­ter­parties is go­ing to come un­der sharp­er fo­cus...
15 April 2020
Mar­gin calls: the pit­falls to avoid
In­tro­duc­tion The COV­ID-19 crisis and in­duced lock­down meas­ures taken by nu­mer­ous gov­ern­ments are start­ing to have a sig­ni­fic­ant im­pact on the glob­al eco­nomy.  The full eco­nom­ic ef­fects will only be known...
30 April 2019
In­junc­tions
An in­ter­im in­junc­tion is a court or­der is­sued pri­or to or dur­ing pro­ceed­ings that ob­liges the re­spond­ent either to do a spe­cified act or to re­frain from do­ing a spe­cified act. They are used to pro­tect...
21 March 2019
CMS Fin­an­cial In­sti­tu­tions Op­er­a­tion­al Re­si­li­ence Re­port
In Ju­ly 2018, the Bank of Eng­land, the FCA and the PRA re­leased a Dis­cus­sion Pa­per (DP 18/4): “Build­ing the UK fin­an­cial sec­tor’s op­er­a­tion­al re­si­li­ence” re­quest­ing feed­back by 5 Oc­to­ber 2018...
07 November 2018
Emails between in-house law­yer and em­ploy­ee held not to be priv­ileged:...
In the re­cent case of Glaxo Wellcome UK Ltd (t/a Al­len & Han­burys) and Glaxo Group Ltd v San­doz Ltd & 6 Ors [2018] EWHC 2747 (Ch), the claimants suc­cess­fully chal­lenged the de­fend­ant­s' claim to leg­al...