Michael Tomlinson KC 3

The Rt Hon Michael Tomlinson KC

Year of Call: 2002
Year of Silk: 2022
Email Address: [email protected]
Telephone: 01202 292102

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Clerks Details

  • Clerk Name: David Fielder
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]
  • Clerk Name: Robert Leonard
  • Clerk Telephone: 01202 249898
  • Clerk Email: [email protected]

Commercial

Michael Tomlinson KC is a specialist in Commercial and Chancery law. Formerly an MP and Solicitor General, he returned to private practice in September 2024, having previously practised from 3PB between 2003 and 2015. His practice covers a broad range of commercial disputes, including issues of agency, misrepresentation, restraints of trade, duress, estoppel, termination of contracts, penalty clauses, deceit, conspiracy, and enforcement of settlement agreements.

Michael regularly advises and acts in complex contractual and company law disputes, including those involving partnerships, insolvency, civil fraud, and high-value equipment sales. He appears frequently in the High Court in commercial and chancery matters and has extensive experience in interlocutory applications such as strike-out and summary judgment, jurisdiction challenges, sovereign immunity, and relief from sanctions. He also has particular expertise in international and cross-border disputes, including those with jurisdictional complexities, foreign law elements, and claims requiring the application of forum non conveniens principles.

Ongoing Cases

  • Multi-million-pound partnership dispute – Acting in a claim involving a professional services business, focusing on valuation disputes, dissolution issues, and equitable accounting.
  • Shareholder and founder dispute in a start-up – Instructed to draft pleadings and advise strategically in a High Court claim involving allegations of breach of fiduciary duty, founder rights, and mismanagement in a growing tech company.
  • High-profile commercial contract dispute – Advising with junior counsel in a sensitive matter involving a high-profile client, raising complex public policy concerns, NDAs, and potential judicial review.
  • International cross-border dispute with overlapping claims – Instructed in a major case involving contractual and tortious elements, including misrepresentation and negligent misstatement, across multiple jurisdictions.
  • Freezing injunctions in the High Court – Successfully acted in urgent applications for freezing relief in high-value commercial disputes, addressing issues such as dissipation risk, asset tracing, and cross-border enforcement.
  • Contractual enforcement and business torts – Appeared in the High Court in trials and contested interim applications involving breaches of contract, economic torts, and complex evidential issues.
  • Sitting as arbitrator in ICC arbitration (Dubai) – Appointed as arbitrator in a substantial international commercial dispute in the construction and engineering sector, involving jurisdictional objections and detailed expert evidence.

A qualified mediator and arbitrator, Michael is strongly committed to alternative dispute resolution and regularly appears in both domestic and international arbitration proceedings. He has acted as counsel in arbitrations governed by various institutional rules and has advised on arbitral jurisdiction and enforcement. His interest in statutory interpretation informs much of his work, particularly in matters involving novel or technical points of law. He also frequently acts as advocate in mediations, bringing a pragmatic and solution-focused approach to commercial and civil disputes.

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