Tom McPhail - Private Wealth Disputes Senior Associate - Boodle Hatfield

Your lawyers since 1722

Tom McPhail

Senior Associate
Private Client & Tax

+44 (0) 20 7079 8132 download vcard

Tom specialises in resolving domestic and international trust, estate and commercial disputes on behalf of HNW individuals, trustees, protectors and private businesses.

He regularly advises on a broad range of trust and estate applications, including trust restructurings, and is experienced in dealing with cases involving breaches of trust and fiduciary duty, civil fraud, professional negligence and complex jurisdictional issues. Tom also has experience of both bringing and defending committal proceedings.

Tom regularly writes for key industry publications. Recent contributions include:

  • “Undoing the irrevocable”, STEP Trust Quarterly Review, 18 June 2025, Issue 2
  • “Using Arbitration to Resolve Trust Disputes”, WealthBriefing, 4 March 2025
  • “Interpreting Wong: does the proper purpose rule have a future, or is it merely a facet of construction?”, Trusts & Trustees, Vol.30, Issue 2, March 2024 (with Toby Graham)
Track Record

Acting for the successful claimant in a conspiracy claim against various defendants in the New Zealand High Court. The judgment was upheld on appeal (Kea Investments Ltd v Wikeley [2024] NZCA 609 and [2025] NZSC 75)

Acting for two beneficiaries of an Isle of Man discretionary trust in their successful appeal against the Isle of Man High Court’s dismissal of a blessing application made by the Trustee of the Trust and opposed by another of the beneficiaries (A and B v C and D – 2DS 2023/25)

Acting for the applicant in a novel application before the Royal Court of Jersey seeking to enforce a judgment by attaching (by arrêt entre mains) a beneficiary’s interest under a discretionary trust (Kea Investments Limited v Watson [2021] JRC 009)

Acting for the successful applicant in its application to have the defendant committed to prison for contempt of court (Kea Investments v Eric Watson [2020] EWHC 2599 (Ch); [2020] EWHC 2796 (Ch))

Acting for the successful respondent in a precedent-setting decision by the Court of Appeal in England regarding the appropriate proxy for an award of equitable interest based on lost investment return in trust cases (Watson v Kea Investments Limited [2019] 4 WLR 145)

Acting for the successful claimants in a substantial fraud claim involving joint venture vehicles held in trust (Sir Owen Glenn & Kea Investments Ltd v Eric Watson & Ors [2018] EWHC 2016 (Ch))

Acting for the plaintiffs in a successful claim against the trustee of a Bermuda trust concerning a commitment to apply trust funds towards the construction of an opera house in the Swiss canton of Lucerne (Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited [2014] SC (Bda) 14 Com)

Awards & Rankings

Chambers High Net Worth awards, Star Associate, 2025

Chambers HNW, Associates to Watch, 2025

Legal 500, Leading Associate, 2025

Legal 500, Rising Star, 2022 – 2024

Best Lawyers, ‘One to Watch’, Trusts and Personal Tax Law, 2023 – 2025

Private Client Global Elite, Excellence, 2024

Top 35 under 35, eprivateclient, 2022

Conference Speaking

Offshore Disputes Week, 2025: ‘Exploring Capacity Issues in Trusts’ and ‘Correcting Trustee Mistakes’

Memberships

ConTrA (Contentious Trusts Association)

LSLA (London Solicitors Litigation Association)

Education & Qualification

University of St Andrews

Qualified as a solicitor in 2014

Acting for the successful claimant in a conspiracy claim against various defendants in the New Zealand High Court. The judgment was upheld on appeal (Kea Investments Ltd v Wikeley [2024] NZCA 609 and [2025] NZSC 75)

Acting for two beneficiaries of an Isle of Man discretionary trust in their successful appeal against the Isle of Man High Court’s dismissal of a blessing application made by the Trustee of the Trust and opposed by another of the beneficiaries (A and B v C and D – 2DS 2023/25)

Acting for the applicant in a novel application before the Royal Court of Jersey seeking to enforce a judgment by attaching (by arrêt entre mains) a beneficiary’s interest under a discretionary trust (Kea Investments Limited v Watson [2021] JRC 009)

Acting for the successful applicant in its application to have the defendant committed to prison for contempt of court (Kea Investments v Eric Watson [2020] EWHC 2599 (Ch); [2020] EWHC 2796 (Ch))

Acting for the successful respondent in a precedent-setting decision by the Court of Appeal in England regarding the appropriate proxy for an award of equitable interest based on lost investment return in trust cases (Watson v Kea Investments Limited [2019] 4 WLR 145)

Acting for the successful claimants in a substantial fraud claim involving joint venture vehicles held in trust (Sir Owen Glenn & Kea Investments Ltd v Eric Watson & Ors [2018] EWHC 2016 (Ch))

Acting for the plaintiffs in a successful claim against the trustee of a Bermuda trust concerning a commitment to apply trust funds towards the construction of an opera house in the Swiss canton of Lucerne (Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited [2014] SC (Bda) 14 Com)

Chambers High Net Worth awards, Star Associate, 2025

Chambers HNW, Associates to Watch, 2025

Legal 500, Leading Associate, 2025

Legal 500, Rising Star, 2022 – 2024

Best Lawyers, ‘One to Watch’, Trusts and Personal Tax Law, 2023 – 2025

Private Client Global Elite, Excellence, 2024

Top 35 under 35, eprivateclient, 2022

Offshore Disputes Week, 2025: ‘Exploring Capacity Issues in Trusts’ and ‘Correcting Trustee Mistakes’

ConTrA (Contentious Trusts Association)

LSLA (London Solicitors Litigation Association)

University of St Andrews

Qualified as a solicitor in 2014