Tom Richards

Tom has experience of a wide variety of commercial disputes, both as junior and as sole counsel, and has appeared as advocate in the High Court and County Court for trials and interlocutory matters. 

For Tom’s particular experience in the Entertainment & Media, Sport and Telecommunications sectors, please see below under those headings. 

• Madoff litigation 
  Tom is part of a team of Blackstone counsel led by Pushpinder Saini QC, acting for the Trustee in Bankruptcy of Bernard Madoff’s former company in relation to various pieces of litigation to recover the US$50 billion lost under Madoff’s Ponzi scheme, including ongoing proceedings in the English Commercial Court, Madoff Securities International Limited & Picard v Raven and others.  The retainer has involved multi-jurisdictional disputes covering issues of EU law, cross-border insolvency, US bankruptcy law, tracing claims and trusts law.   
• Weavering Capital (UK) Ltd & others v Peterson & others
  Tom, led by Robert Anderson QC, is acting for the liquidators of Weavering Capital UK in an action against its former directors.  The claims arise in connection with the collapse of the $500 million Weavering Hedge Fund and include claims in deceit/misrepresentation, breach of fiduciary duty and negligence.
• Serious Organised Crime Agency v Namli
  Tom, led by Michael Beloff QC, is acting for SOCA in a $6 million asset recovery action against an alleged international fraudster.
• Aesir Capital Ltd v Sao Nam International (QBD)
  Tom acted as sole counsel for the claimant in a US$800,000 High Court claim, which involved issues of breach of trust, breach of contract, and enforcement overseas. 
• MB Appleton and another v Appleton (Leeds District Registry)
  Tom acted for the Defendant in a claim brought against a director by his former companies, involving allegations of breach of fiduciary duty, secret profits, and conspiracy.  
• No Added Sugar Ltd v Longratex (QBD)
  Tom appeared for the Claimant in a dispute concerning the High Court’s jurisdiction under the Judgments Regulation. 
• Crane v Upakweship Ltd FJ 142/08 (QBD)
  Tom appeared for the Claimant in a contested action to enforce a foreign judgment in the High Court under the Foreign Judgments (Reciprocal Enforcement) Act 1933.
• Berezovsky v Abramovich [2008] EWHC 1138 (Comm); OJSC Oil Co Yugraneft v Abramovich and Berezovsky [2008] EWHC 2613
  Tom, as junior to Barbara Dohmann QC, James Eadie QC and Andrew George, acted for Boris Berezovsky in relation to a substantial dispute with Roman Abramovich involving trusts, the tort of intimidation and the conflict of laws. 
• Led by Anthony Peto QC, Tom acted for the claimant in a breach of fiduciary duty claim relating to the fraud in Daraydan v Solland [2005] Ch 119 and its consequences.  The claim was settled shortly before trial. 
  

Tom frequently appears in the Employment Tribunals, and his practice includes a wide variety of claimant and respondent work, including whistleblowing and discrimination. 

Tom has a particular interest in age discrimination law, and often delivers seminars and talks on the subject, in addition to contributing to the age discrimination chapter in Tolley’s Discrimination in Employment Handbook.

• Tom, led by Tom Croxford, is acting pro bono for the claimants in a claim against a major bank for age discrimination in connection with the bank’s health insurance policy. 
• Williams and another v HSBC Bank plc
  Acted for the successful defendant in a County Court race discrimination claim brought by members of an English nationalist political party.
• Maskell v Lancashire County Council (March 2010)
  Tom acted on behalf of the successful claimant, a head teacher who had been dismissed for alleged dishonest conduct. 
• Annodata v Jones UKEAT/0378/09/JOJ (1 March 2010)
  Tom appeared for the respondent (the claimant below) in an appeal concerning adequacy of reasons, Polkey reductions and contributory fault.  Tom also appeared at the six-day whistleblowing and unfair dismissal hearing below.    
• Tom, with Paul Goulding QC, has advised a substantial corporate client on age discrimination issues concerning its redundancy scheme.

Tom has a broad public law and human rights practice and has appeared as an advocate in public law cases in the Upper Tribunal, Administrative Court, Court of Appeal and Privy Council.  His clients include individuals, particularly in the fields of asylum and social security, corporations, Government departments and other public bodies.

For Tom’s experience of regulatory law in the telecommunications sector please see below under the heading Telecommunications.

• Olympic Stadium litigation (ongoing)
  Tom, led by Adam Lewis QC, is acting for Leyton Orient Football Club in a number of sets of proceedings concerned with the award of the Olympic Stadium to West Ham.  
• R (Ako and others) v Secretary of State for the Home Department (June 2011)
  Appeared as junior counsel for 32 Iraqi nationals who (with 17 others) succeeded in obtaining an interim injunction preventing the Secretary of State from forcibly removing them and others to Baghdad by charter flight.
• Sankar and others v Public Service Commission; Ganga and others v Police Service Commission; Rampersad and others v Police Service Commission (May 2011)
  Tom appeared before the Privy Council as advocate for the Appellants in a number of linked appeals concerning the lawfulness of decisions concerning the promotion of public servants in Trinidad and Tobago. 
• Mid-Staffordshire Foundation NHS Trust Public Inquiry
  Acted as junior counsel to the Department of Health in a Public Inquiry concerning regulation and patient safety in the NHS.
• Khalifa v SSHD 
  Acting for the claimant in a humanitarian protection appeal in the Court of Appeal. 
• Rashid v SSHD
  Acted for the successful claimant in a judicial review of the SSHD’s decision to deport him to Iraq, obtaining for interim relief to prevent his deportation.   
• Sturt v Secretary of State for Work and Pensions [2010] UKUT 200 (AAC)
  Tom appeared pro bono for the appellant, arguing that her disentitlement from bereavement benefit on the grounds that she had not been married to her deceased partner infringed Article 14 ECHR. 
• Mahmoud v SSHD, Ahmed v SSHD (June 2010)
  Tom assisted two unsuccessful asylum claimants in obtaining High Court stays against their removal by charter flight to Iraq. 
• Urban Development Corporation of Trinidad & Tobago v Commission of Inquiry into the Construction Sector (January 2010)
  Tom, led by Michael Beloff QC, acted for the Commission of Inquiry in resisting a high-profile judicial review claim in the Trinidad High Court alleging apparent bias on the part of several of the Commission’s members. 
• Demopoulos and others v Turkey (2010) 50 EHRR SE14
  Tom, led by Lord Lester QC, Pushpinder Saini QC and Professor Vaughan Lowe QC, acted for the Republic of Cyprus in its intervention in these proceedings before the European Human Court of Human Rights, which concerned the displacement of Greek Cypriots by the Turkish occupation of northern Cyprus.  The central issue in the case was whether Article 35 ECHR required the applicants to exhaust the remedies of the de facto Turkish government of northern Cyprus notwithstanding the non-recognition of that government under public international law.
• R (Friends of the Earth) v Secretary of State for Business, Enterprise and Regulatory Reform [2009] EWCA Civ 810, [2010] PTSR 635
  Tom acted for Friends of the Earth in their challenge to the government’s implementation of its Fuel Poverty Strategy.
• Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1333
  Tom acted pro bono as sole counsel for the appellant in this appeal involving the proper construction of social security regulations.  
• AF and others v Secretary of State for the Home Department [2009] UKHL 28
  Tom acted pro bono for JUSTICE, as part of a team of counsel led by Mike Fordham QC, in its interventions in the Court of Appeal and House of Lords in proceedings concerning the compatibility of control orders with the right to a fair trial. 
• Animal Defenders International v United Kingdom
  Tom, led by Mike Fordham QC and Shaheed Fatima, is acting for Animal Defenders International in an application to the European Court of Human Rights that concerns the UK’s ban on political advertising on television. 

Tom is described by Chambers UK 2011 as a "rising star" in the Sports law sector, and is ranked as an up-and-coming barrister in the field. 

Tom’s clients have included The Football Association, The Football League, the Rugby Football League, the Welsh Rugby Union, UK Athletics, as well as individuals and corporate clients.

He has experience of a variety of sport-related disputes, including in relation to doping issues, appeals over penalty, broadcasting rights, and player transfers, and has appeared as an advocate in sports disciplinary and arbitral tribunals. 

Examples of Tom’s sports cases in the public domain include:

• Olympic Stadium litigation
  Tom, led by Adam Lewis QC, is acting for Leyton Orient Football Club in a number of sets of proceedings concerned with the award of the Olympic Stadium to West Ham.   
• Joe Calzaghe v Frank Warren
  Tom, led by Ian Mill QC, is acting for retired World Champion boxer Joe Calzaghe in a claim against his former promoter, Frank Warren.  The claim involves issues of dishonest assistance, causing loss by unlawful means and conspiracy, and follows on from previous proceedings brought against Joe Calzaghe by Frank Warren’s company.
• Cardiff Blues & others v The Welsh Rugby Union Ltd
  Tom, led by Adam Lewis QC, acted for the WRU in a substantial dispute with the four Welsh Regional Clubs concerning player release: the Regions threatened to withhold players for an International Match against New Zealand, due to be played in November 2009.  The matter settled the day before trial.  

Tom is ranked as "up-and-coming" in the Media & Entertainment section of Chambers UK 2011, where he is described as an "outstanding young talent" and "star of the future". 

Tom has particular experience of copyright law, and has advised clients including the BPI, the Office of Public Sector Information, and the Motion Picture Association of America on copyright matters.

• Sharpe Film Ltd v ITV Global Entertainment Ltd
  Acting for the Claimant in a dispute concerning the distribution of the Sharpe series of television films.
• Kodish v Swire-Thompson
  Acting for the Defendant (founder member of the rock/drum & bass group, Pendulum) in a claim by a former member of the group. 
• Lionsgate UK Ltd v Powercorp International Ltd
  Tom acted as junior counsel for Lionsgate in Commercial Court proceedings concerning a distribution agreement for the defendant’s TV productions. 
• Gumball 3000 Ltd v Revolver Film Ltd [2010] EWHC 1190 (Ch)
  Tom, led by Pushpinder Saini QC, acted for the claimant, Gumball, in a dispute concerning the termination of a film distribution contract.
• Copyright matters on which Tom has advised include digital streaming, peer-to-peer file-sharing, literary adaption, EU copyright law and Crown copyright.

Tom’s practice covers both regulatory and commercial aspects of the telecommunications sector.  He has advised and acted for clients on matters including the regulation of ISPs under the EU regulatory framework, the "mere conduit" defence under the E-Commerce Directive, and challenges to decisions of Ofcom in the CAT and High Court.

• BT v iTalk (February 2011)
  Acted for a telecommunications company in successfully resisting an application by BT for pre-action disclosure in relation to alleged passing-off and trademark infringement.
• Telefónica O2 UK Limited v Hutchison 3G UK Ltd
  Acted (as junior to Robert Howe QC) in a substantial Commercial Court claim concerning termination charges for SMS messages.
• Telefónica O2 UK Limited v Office of Communications (900 MHz Band) [2010] CAT 25
  Tom, led by Michael Beloff QC and Tom de la Mare, acted for O2 in its Competition Appeal Tribunal appeal against Ofcom’s failure to vary its wireless telegraphy licence to allow it to deploy 3G technology in the 900MHz Spectrum Band.  The case is on appeal to the Court of Appeal.
• T-Mobile (UK) Ltd and O2 v Office of Communications [2008] EWCA Civ 1373, [2009] 1 WLR 1565
  Tom, led by Lord Pannick QC and Tom de la Mare, acted for O2 in this leading case on the scope of judicial review and the jurisdiction of the Competition Appeal Tribunal.  
• R (Telefónica O2 UK Limited) v Office of Communications
  Tom also acted as junior counsel in O2’s substantive challenge to Ofcom’s proposed auction of 2.6GHz spectrum (which settled shortly before trial). 

Tom has experience, as junior and as sole counsel, of a wide variety of EU & competition law, including state aid, public procurement, social security and follow-on damages claims. 

• Ramos v Secretary of State for Work and Pensions
  Acting for the Secretary of State in a social security case concerning the effect of the CJEU’s judgment in C-537/09 Bartlett & Ors. 
• Case C-267/10 Rossius
  Acting (as sole counsel) for the UK in a Belgian reference to the CJEU concerning the EU Charter of Fundamental Rights.  
• Sita UK Ltd v Greater Manchester Waste Disposal Authority [2010] EWHC 680 (Ch), [2011] EWCA Civ 156
  Led by Dinah Rose QC and Brian Kennelly, Tom acted for the Defendant in its successful striking-out of Sita’s £90m claim for breach of EU and domestic public procurement law, and in resisting Sita’s appeal in the Court of Appeal.
• Case C-503/09 Lucy Stewart v Secretary of State for Work and Pensions
  Tom, led by Tom de la Mare, is acting for the Secretary of State in a reference to the CJEU in this social security appeal, which concerns the exportability of Incapacity Benefit (Youth). 
• Secretary of State for Work and Pensions v Tolley
  Tom, led by Tom de la Mare, is acting for the Secretary of State in this social security appeal concerning the meaning of “employee” under EC Regulation 1408/71. 
• Moy Park Ltd and others v Degussa Ltd
  Tom, led by Tom de la Mare, is acting for Sanofi-Aventis in a contribution claim brought against it by the Defendant in these follow-on damages proceedings in the Competition Appeal Tribunal. 

Scholarships and Prizes:

• 2007 Phoenicia Scholarship (Bar European Group)
• 2005 The Uthwatt Award (Gray’s Inn)
• 2004 David Karmel Entrance Award (Gray’s Inn)
• 2003 Passmore-Edwards Prize (Oxford University prize for best performance in Classics & English Finals)
• Magdalen College Selig Poetry Prize
• 2002 Magdalen College Tutorial Prize in English
• 2001 Passmore-Edwards Prize (Oxford University prize for best performance in Classics & English Honour Moderations);  Magdalen College Scholarship; Magdalen College Lawlor Prize in English

Publications and articles:

• Dinah Rose QC and Tom Richards, “Appeal and Review in the Competition Appeal Tribunal and High Court” 2010 JR Vol 15 Issue 3, p201.
• Tolley’s Discrimination in Employment Handbook, London, 2008 (contributor).

Other Information:

VAT registration number:  912037952