Tom McPhail

Senior Associate

Contact

Practice areas

Trust, Will and Estate Disputes

Tom advises individuals, businesses and institutions on commercial and trust disputes, both in England and offshore jurisdictions, including Bermuda, the BVI and Jersey.

He has a particular interest in advising on commercial and contentious trust matters with an international dimension and has assisted on a number of high-profile disputes, including cases involving breaches of trust and fiduciary duty, civil fraud and complex jurisdictional issues.

Tom has experience of all stages of the litigation process from initial pre-action advice up to trial, and also appeals to the Court of Appeal. Tom also has experience of alternative forms of dispute resolution including international arbitration.

Clients appreciate Tom’s collaborative and pragmatic approach. He looks to assist them in resolving their disputes effectively, but also in a way that is sensitive to their particular needs and concerns.

Expertise

Trustees

Tom regularly advises settlors, beneficiaries, trustees and protectors on a range of trust-related matters, including breaches of trust, directions applications, constructive trusts, allegations of sham and disputes over investment performance.

Private Businesses

Tom works with businesses on a wide range of matters, including contractual claims, shareholder disputes, breaches of fiduciary duty and civil fraud.

Testimonials

"Tom McPhail is without a doubt the best associate I've worked with. He is extremely clever and very pleasant to work with." (Legal 500 2025)

"Tom McPhail – simply the best solicitor below partner grade I have ever worked with. He’s an absolute star." (Legal 500 2024)

"Tom McPhail is pretty much the best associate I have come across anywhere" (Legal 500 2023)

Tom was recommended in the 2022 edition of Legal 500 as a "Rising Star" for Contentious Trusts and Probate.

"Tom McPhail is the best Associate I have ever worked with, bringing a forensic analytical ability which really lends itself to fraud work." (Legal 500 2022)

"At associate level, Tom McPhail is absolutely outstanding." (Legal 500 2022)

"Tom McPhail – one of the best associates I’ve come across in terms of being on top of the detail and knowing a case inside out. His work is consistently excellent." (Legal 500 2022)

Tom was featured in the 2022 eprivate client Top 35 Under 35 list.

Reported Cases

Sir Owen Glenn ONZM KNZM & Anor v Watson & Ors [2016] EWHC 3346 (Ch)
Novatrust Limited v Kea Investments Limited and others [2014] EWHC 4061 (Ch)
Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited [2013] SC (Bda) 47 Civ
Sheffield v Sheffield [2013] EWHC 3927 (Ch)