Thomas de la Mare

Public Law:

Tom de la Mare acts in a very wide range of public law matters, both for and against public bodies. He has developed a particular emphasis on public law cases involving substantial elements of ECHR and EC law, often in regulatory, commercial and competition contexts. Privacy, property and social security cases are other areas of special interest. 

Tom’s recent clients include: the GMC, ABPI, PMCOPA, CPA and CHRE; the ASA; TfL; Pfizer, Eisai and Medtronic; OFCOM and OFGEM; JUSTICE and Liberty; the Ritz (in the Diana Inquest); the IPCC; the Audit Commission  as well as many other public bodies. 

Human Rights:

Tom’s practice spans the full range of Human Rights issues, with particular focus on Article 8 and Article 1 Protocol 1 issues in all their forms.

Tom has regularly acted (both with and without leaders) in the ECtHR appearing both for and against the UK government.  Coupled with this international experience Tom is well used to arguing human rights issues before the ECJ as well as a wide range of domestic tribunals.  Tom has argued core human rights cases in the Court of Appeal, Chancery, Queen’s Bench and Family Divisions, as well as numerous statutory tribunals.  Tom’s private clients are drawn from a wide range of private individuals and companies.  In his Special Advocate work in both SIAC and the High Court Tom encounters a range of particularly acute public law and human rights problems.

Public Law and Human Rights cases:

• R v Secretary of State for the Home Office, ex parte Arthur H Cox Ltd [1999] EuLR 677; 46 BMLR 1998 (QB) (Admin Ct)
• R v National Lottery Commission, ex parte Camelot [2001] EMLR 43 (Admin Ct, Richards J)
• R v Secretary of State for Education, ex parte Liverpool Hope [2000] ELR 579 (Admin Ct, Newman J); CA, [2001] EWCA CIV 362, [2001] ELR 552.
• R v Secretary of State for Trade and Industry, ex parte Orange Communications Limited [2001] Eu LR 165 (Admin Ct, Sullivan J); [2001] 3 CMLR 36
• R(Gunn-Russo) v Nugent Care Society  [2001] UKHRR 1320; [2002] 1 FLR 1
• R (Carson) v Department of Work & Pensions [2002] 3 All ER 961
• R (Heather)  v Leonard Cheshire Foundation [2002] 2 All ER 936
• R (Hoverspeed) v Commissioners of Customs & Excise [2002] QB 1041; 3 WLR 1219
• R(Rose & anr) v Secretary of State for Health & anr [2002] EWHC 1593 (Admin); [2002] UKHRR 1329; [200] 2 FLR 962
• London Regional Transport & anr v Mayor of London & anr [2001] EWCA Civ 1491, [2003] EMLR 88
• R (Kelsall and others) v Secretary Of State For Environment, Food & Rural Affairs (2003) [2003] EWHC 459; Times, 27 Mar 2003
• A, X & Y and others v Secretary of State for the Home Department [2002] HRLR 1274 (Special Advocate)
• R v Airport Co-ordination Limited, ex parte Aravco and others [1999] EuLR 939 (CA)
• X v Y [2003] IRLR 561 (EAT); [2004] UKHRR 1172 (CA)
• Chief Adjudication Officer v Askew  (CA, 16 March 1998), Times 19 March 1998 (CA)
• R (Lambiris) v Specialist Training Authority of the Medical Royal Colleges [2002] 3 CMLR 18; [2003] EuLR 591
• R(George) v GMC [2003] EWHC 1124; [2004] Lloyd's Rep. Med. 33
• Council for the Regulation of Healthcare Professionals v Truscott [2004] EWHC 585 (Admin); [2004] ACD 76; Times 8 April 2004
• Council for the Regulation of Healthcare Professionals v (1) General Medical Council (2) Ruscillo [2004] EWHC 527; [2004] 1 WLR 2068
• A v General Medical Council [2004] EWHC 880 [2004] ACD 54
• R(British American Tobacco UK Ltd) v Secretary of State for Health [2004] EWHC 2493 [2005] ACD 27
• Sun Myung Moon v Secretary of State for the Home Department [2005] UKIAT 112 [2005] Imm AR 624 [2006] INLR 153
• R(Her Majesty’s Customs & Excise Commissioners) v Machell [2006] 1 WLR 609
• R (Countryside Alliance) v HM Attorney-General [2006] EuLR 178
• M v W (Declaration of Parentage) [2006] EWHC 2341 (Fam) [2007] 2 F.L.R. 270 [2007] Fam Law 397
• Norris v Government of the USA [2007] 1 WLR 1730; [2007] 2 All ER 29
• Environment Agency v Biffa Waste Services Limited [2007] Env LR 16
• R (Paul) v Deputy Coroner of the Queen’s Household et al [2007] 2 All ER 433; [2007] 3 WLR 503.
• MT (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 808; [2008] 1 All ER 786; [2007] HRLR 41; [2007] UKHRR 1267
• Eisai Ltd v National Institute for Health and Clinical Excellence [2007] EWHC 1941 (Admin); 2007] LS Law Medical 617 (2007) 98 BMLR 70 [2007] A.C.D. 77 – High Court; Court of Appeal [2008] EWCA Civ 438; Times, 7 May 2008
• R (Legal Remedy UK) v Secretary of State for Health [2007] EWHC 1252 (Admin); (2007) 96 BMLR 191
• Her Majesty’s Commissioners for Revenue and Customs v Berriman [[2007] EWHC 1183 (Admin); [2007] 4 All ER 925
• R (Paul) v Assistant Deputy Coroner of Inner West London [2007] EWCA Civ 1259; [2008] 1 All ER 981
• Inner West London Assistant Deputy Coroner v Channel 4 Television Corpn (Practice Note) [2007] EWHC 2513 (QB); [2008] 1 WLR 945
• R v GG Plc [2008] UKHL 17
• R (Actis SA) v Secretary of State for Communities & Local Government [2007] EWHC 2417 (Admin)

Publications:

• Tom co-wrote three chapters in Lester & Pannick (ed), Human Rights Law & Practice (2^nd ed).
• Tom wrote the chapter, Remedies, in B. Lang (ed), Administrative Court: Practice & Procedure.
• Tom is a regular contributor to publications such as Judicial Review, on a wide range of public law topics.
• Tom is a regular speaker at seminars organised by bodies like Liberty, Justice and ALBA.
• Tom is regularly involved in Human Rights training and lecturing for a wide variety of organisations, including JUSTICE and the GLS.

Legal Directory entries in relation to  Law and Human Rights:

Chambers UK 2008 commented in its public law section “Clients continue to sing the praises of Tom de la Mare, a “smooth and straightforward” junior who is “just one of the best.” It is not just clients who enjoy working with him - solicitors also find him “a delight to work with because you know he’ll always read the papers.” One added: “As well as being incisive in court, he’s not afraid to tell leaders what the answer is.” His versatile public law practice has a particular emphasis on cases involving elements of ECHR and EC law, often in commercial and competition contexts. He also has a special interest in pharmaceutical regulation, and is advising Eisai & Pfizer in connection with the procedures of the National Institute of Clinical Excellence (NICE).”  It went on to note in the Human Rights section that Tom attracted cases of “signal importance”.

Chambers UK 2006 and 2007 described Tom as “emerging as a leading junior” (2006) before commenting that “his “unusual and innovative” style has made him “an excellent person to work with,” and he was described as a “fast and intellectually exciting junior.” His practice often involves human rights and civil liberties issues, areas where his knowledge is deemed “exceptional.” (2007)

Legal 500 2007/2008 commented in particular on Tom’s user-friendly skills in the public law arena.

Tom’s practice spans the full range of Community and Competition law matters, with particular focus on competition appeals, cartels, private damages actions, state aid rules, free movement, telecommunications and the internet, broadcasting, public procurement, pharmaceuticals, EC discrimination law, duties, trade and customs law and the commercial agents regulations. For 9 months of 1996/1997 Tom worked in the Legal Service of the European Commission (in the state aid team) and then in cabinet of Advocate-General Jacobs, practical experience that has been put to good use in his EC practice. 

Tom has undertaken his own advocacy work in the ECJ in cases covering a wide-range of general EC law issues such as the Brussels Regulation, pesticides, free movement & social security, EC discrimination law. Tom also regularly appears in the CAT and Chancery Division, as well as the administrative court, on a wide range of competition and EC matters.

Tom has been directly involved in four of the leading groups of cases dealing with cartel damages (a subject on which he is a regular speaker), namely the three sets of claims arising out of the Vitamins Cartel (cases have been brought in the CAT, Commercial Court and Chancery Division) and the claims arising out of the alleged generic medicines cartels, where novel issues arise relating to the criminalisation of cartels. The issues concerning the cartel offence and conspiracy to defraud recently went to the House of Lords in the Norris/GG litigation. This experience has led to a burgeoning competition law practice which is especially strong in the field of private enforcement and private law consequences of anti-competitive conduct. Tom also has very considerable experience in running substantial EC state liabiliy claims (“Factortame claims”) for and against government departments.

Clients include: BPI; Ofex; local authorities; Hutchinson, Vodafone, O2, Orange, HMRC, DWP, DCA, pharmaceutical and chemical companies (Pfizer, Eisai, Sanofi-Aventis, Goldshield, Bayer, CPA), Mayer Parry, the GMC as well as, frequently, private individuals with free movement claims. 

Tom acted as lead junior to David Friedman QC for HMRC in defending the £50m damages claim brought against it by Hoverspeed.  After representing HMRC in the mediation the case was duly compromised.

EU & Competition cases:

• R v Secretary of State for the Environment & MAFF, ex parte Watson, Sharpes International Seeds Limited intervening  [1999] Env LR 310 (CA)
• R v MAFF, ex parte British Agrochemicals Association [1999] ECR I-1499 (ECJ); R v MAFF, ex parte British Agrochemicals Association [2000] 1 CMLR 826; [2000] EuLR 149 (Richards J); sub nom R v DEFRA, ex parte Crop Protection Association [2001] EWCA Civ 1656, [2002] EuLR 24 (CA).
• R v MAFF, ex parte Monsanto [2001] ECR I-n.y.r.
• R v Secretary of State for Social Security, ex parte Taylor [1999] ECR I-8955; [2000] ICR 843; [2000] All ER (EC) 80 (ECJ)
• R v Secretary of State for the Home Office, ex parte Arthur H Cox Ltd [1999] EuLR 677; 46 BMLR 1998 (QB) (Admin Ct)
• R v Secretary of State for Trade and Industry, ex parte Orange Communications Limited [2001] Eu LR 165 (Admin Ct, Sullivan J); [2001] 3 CMLR 36
• R v Environment Agency, ex parte Mayer Parry Recycling No.1 [2001] Env LR 561 (Admin Ct, Collins J); R v Environment Agency, ex parte Mayer Parry Recycling No.2 [2001] Env LR 630 (Admin Ct, Collins J); R v Environment Agency, ex parte Mayer Parry Recycling No.2 [2004] 1 WLR 538 (ECJ)
• Turner v Grovit & ors: [2001] UKHL 65; [2002] 1 WLR 107
• R (Hoverspeed) v Commissioners of Customs & Excise [2002] QB 1041; 3 WLR 1219
• R v Airport Co-ordination Limited, ex parte Aravco and others [1999] EuLR 939 (CA)
• Provimi v Aventis [2003] EuLR 517; [2003] UKCLR 513
• R (Lambiris) v Specialist Training Authority of the Medical Royal Colleges [2002] 3 CMLR 18; [2003] EuLR 591
• Case C-73/04 Klein [2005] ECR I-000 (25 October 2005); [2006] ILPr 2
• Secretary of State for Work and Pensions v Walker-Fox [2005] EWCA Civ 1441; [2006] EuLR 601
• Norris v Government of the USA [2007] 1 WLR 1730; [2007] 2 All ER 29
• Case C-265/05Perez Naranjo v Caisse régionale d’assurance maladie Nord-Picardie [2007] ECR I-000 (nyr), 16 January 2007
• Her Majesty’s Commissioners for Revenue and Customs v Berriman [2007] EWHC 1183 (Admin); [2007] 4 All ER 925
• Devenish Nutrition Ltd v Sanofi-Aventis SA [2007] EWHC 2394 (Ch); [2008] 2 WLR 637
• R v GG Plc [2008] UKHL 17
• R (Actis SA) v Secretary of State for Communities & Local Government [2007] EWHC 2417 (Admin)

Legal Directory entries in relation to European Community and Competition Law:

Chambers UK 2008 describes Tom de la Mare in its Competition /EU law section as “Excellent for regulatory challenges in the High Court,” commentators note that Thomas de la Mare “has his fingers in many different EU law matters.” A visible practitioner and impressive courtroom performer, he continues to play an influential role on the European law scene”. The 2007 edition, which ranked Tom in the top tier for juniors in general EC law, described Tom as “a “bold and forceful advocate” whose EU practice encompasses such a broad range of areas it is impractical to list them all. Suffice it to say, his incredibly extensive experience makes him one of the leading, and some say the best, EU juniors in town.”

Tom won the Chambers & Partners Bar 2007 awards for “EC/Competition Junior of the year” (for which he was also short-listed in 2006). 

Publications

• Tom contributed a chapter on Article 234 references to P. Craig and G. de Burca, EU Law in Social & Political Context.
• Tom has written on state aid, Factortame damages and other EC topics for Judicial Review.

Tom’s commercial litigation practice spans a wide range of areas: civil fraud, particularly in a commercial employment context; confidential information and soft IP (trademarks, copyright);restraint of trade and restrictive covenants; conflicts of law; internet, media and entertainment litigation; sports law. Given Tom’s strength in IP and EC/competition law practices, and the increasing reach of both into commercial life, Tom’s multi-disciplinary skills are regularly in demand.  Tom has a particular interest in “seize and freeze” work in a fraud context, particularly in applying skills he has acquired from standard fraud work to the increasing reach of cartel-busting litigation. Tom has also led in some key conflicts cases, including Grovit v Turner (which he argued in the ECJ) and Provimi v Aventis (the leading case on jurisdiction and multi-state competition torts).

Tom has regularly acted (both with and without leaders) in commercial issues in the ECJ, Court of Appeal as well as the Commercial Court and Chancery Division.

Commercial reported cases of interest:

• Sun Valley Foods Ltd v Vincent [2000] FSR 825 (ChD, Jonathan Parker J)
• Turner v Grovit & ors [2001] UKHL 65; [2002] 1 WLR 107
• Spring Form Inc & anr v Toy Brokers Ltd & ors [2002] FSR 276
• London Regional Transport & anr v Mayor of London & anr [2001] EWCA Civ 1491, [2003] EMLR 88
• Teleworks v Telework [2002] RPC 27
• Provimi v Aventis [2003] EuLR 517; [2003] UKCLR 513
• Glidepath Holding BV v Thompson [2004] EWHC 2234; [2005] 1 All ER (Comm)
• Case C-73/04 Klein [2005] ECR I-000 (25 October 2005); [2006] ILPr 2
• Norris v Government of the USA [2007] 1 WLR 1730; [2007] 2 All ER 29
• Devenish Nutrition Ltd v Sanofi-Aventis SA [2007] EWHC 2394 (Ch); [2008] 2 WLR 637
• Inner West London Assistant Deputy Coroner v Channel 4 Television Corpn (Practice Note) [2007] EWHC 2513 (QB); [2008] 1 WLR 945
• R. v GG Plc [2008] UKHL 17
• OFT v Officers Club [2005] EWHC 1080 (Ch) 

Legal Directory entries in relation to Commercial Litigation, Media & Entertainment:

Chambers UK 2008 commercial litigation assessed him as follows: “The superb Thomas de la Mare is a “creative advocate - hard-working and unafraid to improvise when necessary.” Profound skill in the EU arena anchors a practice that extends into civil fraud, conflicts of law, media and commercial employment disputes.” The 2007 edition described Tom (in the civil litigation section) as “An “extremely clever, deeply charismatic” practitioner, his caseload cuts across industry lines and covers entertainment, sport, commercial and public law." and as “clever, capable and calm - just what you want from a junior counsel.”

Chambers UK 2008 Media & Entertainment section said “ “Bright, creative and practical,” Thomas de la Mare handles a range of contractual and media-related IP disputes. He is currently advising Ofcom on a dispute under the Freedom of Information Act. Instructing solicitors appreciate the way he “just gets the job done with no messing around.”

Publications:

• Tom co-wrote (with Robert Howe QC) the chapter on Confidential Information in Goulding (ed), Employee Competition: Covenants, Confidentiality and Garden Leave.
• Tom regularly lectures on conflicts, fraud and other commercial topics.