Thomas O'Donohoe

Call 2007
Email thomas.odonohoe@3pb.co.uk
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Business & Commercial Law

Tom has been instructed in a range of commercial matters covering contract, insolvency and credit hire, at final and interim hearings.

Contract

Tom frequently acts for claimants and defendants in relation to commercial contractual disputes. Recent cases have raised issues of implied terms as to reasonable notice and repudiatory breach in a contract for services; reliance on retention of title clauses in interpleader proceedings in the High Court; defence of debt recovery proceedings on the basis of breach of an ‘entire obligation’ under the contract and / or a collateral contract; and whether an employee had been introduced to and engaged by the defendant company such as to incur liability for an introduction fee payable to the claimant employment business.

Insolvency

Tom has experience of drafting, advising and appearing for debtors and creditors in the Companies Court and County Court in relation to individual bankruptcy petitions and winding-up petitions. In a recent case, he was successful both in obtaining relief from sanctions under CPR r.3.9 so as to permit reinstatement of the debtor’s application to annul the bankruptcy order, and in having the bankruptcy order annulled on the basis that it should never have been made, with the costs of the debtor and trustee-in-bankruptcy to be paid by the petitioner.

Credit Hire

Tom is regularly instructed by claimants and defendants in proceedings involving claims for credit hire charges, often in addition to other heads of loss including personal injuries.