Tom Mountford

Tom has acted in a wide range of commercial cases.  In addition to commercial litigation, Tom has a busy commercial advisory practice. He has experience of commercial fraud work as well as general commercial litigation.

He has been involved in a range of commercial hearings and advisory work, including fraud, insurance and re-insurance and arbitrations.  These have involved applications for a broad range of injunctive relief including search orders and orders for specialist forensic interrogation of computer hardware.

• Barclay Pharmaceuticals Limited v Waypharm LP & Ors [2012] EWHC 306 (Comm)
  Acted for the Claimants, as part of a legal team led by Barbara Dohmann QC, in an £8.7million damages claim in respect of the fraudulent operation of letters of credit in pharmaceuticals trading.  The case involved complex factual evidence. 
• Lombard North Central Plc v Hussain (Manchester County Court)
  Successfully acted for the Claimant in a three day trial relating to a claim and counterclaim in conversion and for monies owed under two hire-purchase agreements, involving contested issues relating to the Consumer Credit Act 1973. 
• Junior counsel for the Claimants in a multi-million pound action in deceit and solicitors’ negligence, settled out of court shortly before trial.   
• Acting for HMRC, with Mark Vinall, in relation to two substantial cases of missing trader fraud.    
• Represented a finance company in committal proceedings for contempt of court, for breach of a court order.  
• Advising a credit card company on liability for claims under the Consumer Credit Act 1974 relating to the purchase of products from a company now in liquidation. 
• Surgicraft Ltd v Paradigm Biodevices [2010] EWHC 1291 (Ch). 
  A substantial High Court claim for the rectification of a contract, involving complex issues of fact and law, including unilateral mistake and the effect of entire agreement clauses in a claim for rectification. (Assisting Andrew Green QC). 
• Gard Marine & Energy Ltd v Tunnicliffe 
  A reinsurance case before the Court of Appeal involving a jurisdictional challenge under the Lugano Convention. (Assisting Andrew Hunter). 
• Barr v Biffa Waste Services
  A group litigation order action in nuisance, at the intersection of public regulatory and private law. (Assisting Pupil Supervisor Tom de la Mare).

Tom undertakes a broad range of public, regulatory and human rights work.  Tom is currently involved in ongoing public law advisory work on three separate matters. 

Over the last year Tom has undertaken substantial public law advisory work for an NGO and a regulator.

Shortly after commencing practice, Tom undertook a five month secondment at Ofgem, working on Ofgem’s development of the national rollout of smart metering.
    
Tom has worked with the Free Representation Unit and has successfully represented clients in a range of appeals, including claims for Disability Living Allowance, and in an immigration-related appeal concerning State Pension entitlement. 

He has also worked and published on human rights issues involving gender and sexuality rights. 

• Junior Counsel for the applicant in a challenge to the criminalization of homosexuality in Northern Cyprus, before the European Court of Human Rights. 
• R (Tottenham Hotspur FC) and Leyton Orient FC v  Newham Council, OPLC, Mayor of London, and Secretary of State for Culture Media and Sport (High Court) 
  Assisted Leyton Orient in its judicial review applications in relation to Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law). 
• Advising on the prospects of success of an immigration appeal against a decision to refuse a tier 1 worker’s application to remain for non-disclosure of a material fact. 
• R (on the application of Remedy UK Ltd) v General Medical Council [2010] EWHC 1245 (Admin)
  A high-profile application to judicially review the General Medical Council’s decision not to refer complaints of misconduct arising from the introduction of new recruitment and training systems.  The issues included the nature of the ‘fitness to practise’ test and the extent to which the professional disciplinary process is suitable for the review of actions and omissions relating to high level policy matters.  (Assisting Pupil Supervisor Tom de la Mare).
• Young v Official Receiver (High Court, Chancery Division, 2010, unreported)
  A case involving the compatibility of insolvency legislation with the European Convention on Human Rights.  (Assisting Pupil Supervisor Tom Weisselberg).

Tom has experience of a wide variety of employment related litigation and advisory work.

Tom has acted in a number of Employment Tribunal cases covering unfair and wrongful dismissal, unlawful deduction from wages, protected disclosures and race discrimination and has conducted full hearings, CMDs and PHRs before the Employment Tribunals.  During pupillage Tom also worked on cases involving restrictive covenants and TUPE transfers.

Tom is a contributor to the new edition of Tolley’s Discrimination in Employment Handbook.

• Successfully represented a headteacher in a two day unfair and wrongful dismissal hearing challenging the teacher’s dismissal for gross misconduct on the basis of an allegation of physically assaulting a pupil.  The headteacher was found to have been wrongfully and unfairly dismissed and was awarded compensation. 
• Acting for members of Unite the Union in a dispute relating to entitlement to back pay under the terms of a collective agreement.
• Advising on an employer’s liability for the provision of a reference to an employee’s prospective employer.  
• Advising in writing and drafting pleadings in High Court proceedings, for breach of an employment contract.   
• Advising a public body on the abolition of the default retirement age and the implications for workplace retirement policies with regard to age discrimination (with Dinah Rose QC).  
• Seldon v Clarkson Wright & Jakes [2010] EWCA Civ 899
  An important case in which the Court of Appeal has given its first substantive judgment on justifying direct age discrimination.  The case involved a challenge to a mandatory retirement clause in a partnership agreement.  (Assisting Pupil Supervisor Tom Croxford).  
• Pimlico Plumbers Ltd v Service Corps Ltd & Anr
  A case in the High Court involving issues of inducement of breach of contract, breach of confidence, infringement of database rights, and injunctive relief.  (Assisting Pupil Supervisor Catherine Callaghan).

Tom has had experience of a broad range of sporting litigation, including:

• R (Tottenham Hotspur FC) and Leyton Orient FC v  Newham Council, OPLC, Mayor of London, and Secretary of State for Culture Media and Sport (High Court) 
  With Adam Lewis QC and Tom Richards, acted for Leyton Orient in its judicial review applications in relation to Newham’s loan to its joint venture vehicle with West Ham FC to allow it to bid for the Olympic Stadium, the OPLC’s decision to recommend that bid, and the Mayor’s and Secretary of State’s decision to accept that bid (public procurement and competition law).
• ICC Cricket World Cup 2015
  Advised, with Lord Pannick QC, Cricket Ireland and the Associate Members of the Cricket World Cup on the legal implications of the ICC’s decision to limit participation in the 2015 Cricket World Cup to the ten full members of ICC.  Following representations to the ICC Executive Board, the ICC reversed its decision and decided that the 2015 World Cup should be a 14 team competition. 
• Proceedings before the Court of Arbitration for Sport, involving football regulation (assisting Andrew Hunter).
• Proactive v Rooney & others [2010] EWHC 1807 (QB)
  Concerning an agent’s claim for commission on a football player’s off-field earnings, involving allegations of mistake, restraint of trade and contractual construction.  Case currently under appeal.  (Assisting Pupil Supervisor Tom Weisselberg, led by Ian Mill QC).
• Professional disciplinary proceedings, involving sensitive child protection issues, on behalf of a sports regulatory body (assisting Pupil Supervisor Catherine Callaghan).
  

Tom has a good knowledge and experience of competition law having worked for the Competition Commission on merger inquiries and market investigations part-time in 2008 – 2009. 

Tom has recently advised on the application of competition law in the context of professional sport.  During the course of his pupillage Tom worked on a variety of cases involving competition and European law.  

• Apollo Property Services v The Office of Fair Trading
  Appeal against the fine imposed by the OFT following the OFT’s findings of a cartel in the construction industry.  (Assisting Pupil Supervisor Tom de la Mare). 
• Bartlett, Ramos and Taylor v Secretary of State for Work and Pensions
  A complex social security case referred to the European Court of Justice, concerning the interplay between European and domestic social welfare legislation.  (Assisting Pupil Supervisor Tom de la Mare).

Tom has advised an artist on a contractual matter relating to a commissioned work. He has also drafted pleadings in a broadcasting case involving an exclusive rights agreement.  

During Tom’s pupillage he assisted supervisor Tom Weisselberg on a number of cases involving media law including a partnership dispute between current and former members of a pop group concerning the group’s intellectual property rights.

Tom received a scholarship from Inner Temple in 2009 and bilateral grant funding from the Foreign and Commonwealth Office to conduct research in Beijing on the legal status and position of LGBT people in China.  His research has been published in English and Chinese, including by the ILGHRC.  

Prizes and Scholarships:

• Phoenicia Scholarship (Bar European Group, 2010)
• Inner Temple Internship Award (Inner Temple 2009)
• Princess Royal Scholarship (Inner Temple, 2008)
• Inner Temple Major Exhibition (Inner Temple, 2007)
• College Prize (Wadham College, Oxford University 2006 for Final Honours School results)
  

Other work experience

Tom worked in political affairs for the European Commission’s Delegation to China, in Beijing in 2007.  He was involved in human rights, domestic and foreign policy monitoring and project work.

Other Information:

VAT registration number:  995402003