Tom Weisselberg

Tom has appeared in a wide variety of commercial cases in the House of Lords, the Court of Appeal, the High Court and the County Court. 

Tom has particular experience of acting and appearing in civil fraud cases.  He regularly deals with claims involving Search Orders, Freezing Injunctions, Document Preservation Orders and Information Orders.  

He has acted for a very wide range of clients in all sorts of commercial cases.  His clients have included Microsoft, BP, Safeway, Rusal, OFCOM, the West Yorkshire Passenger Transport Authority, the Association of United Recording Artists, the Deputy Prime Minister of Qatar, Den Norske Bank, Citibank, Cyprus Turkish Airlines, the BBC, Vodafone, the Export Credits Guarantee Department, British Telecom, Tubelines, Sapporo, the developer of the Shard, the Royal Bank of Scotland, IFPI, News International, Uganda Property Holdings Limited and the Serious Organised Crime Agency. 

He has also acted for a large number of Defendants who have faced claims brought by (for example) the Ministry of Justice, HM Revenue & Customs, News International, the Federal Republic of Nigeria and Jyske Bank.  He has obtained the discharge of wrongfully obtained injunctions and defended a large number of high value claims.

He has been involved in cases dealing with such things as employee and supplier frauds, Kuwaiti aircraft, photocopiers, ATMs, mobile telephones, share sale agreements, media representation and bribery.

He regularly acts in multi-jurisdictional disputes as part of a team involving lawyers from many jurisdictions (including the British Virgin Islands, Singapore, Gibraltar, Portugal, Angola, Uganda and Jersey). He has been called to the Bar of the British Virgin Islands. 

He also has experience of private international law issues (having previously acted in the Kuwait Airways v Iraqi Airways litigation and having most recently been involved in cases against a member of the Saudi Royal Family and against the Ugandan President).  He regularly works on cases that involve the application of foreign law in English proceedings.

• Cherney v Deripaska
  Acting as part of a team for the Defendant in an important case involving allegations of criminality and a claim that the Claimant had a 20% share in Rusal.
• Meltwater v Newspaper Licensing Agency
  Acting for an intervener, the UK Media Monitoring Agency, in a case in the Copyright Tribunal which concerns the terms on which online newspaper sites can be used by press cuttings agencies. 
• In re a company
  Acting for defendants in a complex Petition brought under section 994 of the Companies Act 2006.  
• JSC Bank v Ablayazov & others
  Acted for corporate Defendants in this high value Kazakh fraud case which involves complicated issues of Kazakh law.
• Société General v Saad & Others [2011] EWHC 2424
  Acting for a co-defendant in an interesting case involving letters of credit and a guarantee.  Judgment handed down in October 2011. 
• Secretary of State for Justice v LSM & Ors [2011] EWHC 983 (QB); [2010] EWHC 1781 (Ch)
  Acting for a Defendant property company that has been subjected to claims for conspiracy, bribery and dishonest assistance by the Ministry of Justice and Standard Life.
• Proactive v Rooney & others [2010] EWHC 1807 (QB)
  Acted for the Claimant (led by Ian Mill QC) in a case involving allegations of mistake, restraint of trade and contractual construction.  Case currently under appeal.
• VPL v Chartshow Channels, 7 September 2009 (Copyright Tribunal); [2010] EWHC 2094 (Ch); [2011] EWCA Civ 650
  Acting for Video Performance Limited (at times solo and at times led by Charles Hollander QC and then Ian Mill QC) in claims in the Copyright Tribunal, in the High Court and then in the Court of Appeal.  
• Scopelight v Chief Constable of Northumbria [2010] QB 438
  Acted on behalf of the Police and the Federation Against Copyright Theft in a case relating to alleged copyright infringers and the proper construction of section 22 of the Police and Criminal Evidence Act 1984 (in particular, the ability of the Police to retain seized material pending a private prosecution). 
• SOCA v Perry [2009] EWHC 1960 and 2673 (Admin); [2010] EWHC 1711 (Admin); [2010] EWCA Civ 907
  Acting as part of a team for the Serious Organised Crime Agency in a high value proceeds of crime case in the High Court and in the Court of Appeal.   Appeals to the Supreme Court are pending as to the territorial scope of the Proceeds of Crime Act 2002.  Tom has acted for SOCA (and previously ARA) in numerous other cases when seeking to recover the proceeds of crime through civil recovery proceedings. 
• Young v Official Receiver [2010] EWHC 1591 (Ch)
  Acted for the Official Receiver in a case involving interesting issues of Insolvency and Human Rights law.
• Customs & Excise v Total Networks [2008] 1 AC 1174
  Appeared for the Defendant (led by Charles Flint QC) in the House of Lords in this important case relating to the entitlement of HM Revenue & Customs to mount a claim of civil conspiracy against an alleged VAT carousel fraudster.
• iTunes & Others v MCPS-PRS Alliance [2008] EMLR 5
  Appeared first for the BPI (led by Ian Mill QC) and then for iTunes (acting solo) in this important case about Online Music.  For iTunes, argued successfully an issue that iTunes wished to have determined by the Copyright Tribunal
• McPhail v Bourne [2008] EWHC 1235 (Ch)
  Acted for the successful Defendants in a partnership case involving the band Busted (led by Ian Mill QC).  Case involved issues of alleged undue influence, misrepresentation and breach of copyright.
• Jirehouse Capital & Another v Beller & Another [2008]  EWHC 725 (Ch)
  Acted for one of the Defendants in a case involving the circumstances in which a claimant is entitled to rescind a settlement agreement reached against the background of an IVA.
• Tajik Aluminium Plant v Ermatov
  Acted for Rusal (led by Thomas Beazley QC) as part of a team in this multi-jurisdictional dispute (first in the UK and then in the BVI).
• ACP Capital Ltd v IFR Capital [2008] 2 Lloyd’s Rep 655
  An early credit funds case involving the circumstances in which proceedings will be stayed in favour of foreign proceedings.
• Toronto Dominion Bank v a trader
  Acted for trader in a complex banking dispute involving allegations of investment book mismarking.
• Petroval v Stainby & Others
  Part of a team acting for the Claimants in a multi-jurisdictional fraud case involving a Yukos spin-off.  Proceedings in BVI and Singapore. 
• Partnership disputes
  Acted for a number of partnerships in disputes over names and other partnership assets (including the bands Snow Patrol, Duran Duran and the Sugababes). Often asked to advise in relation to the approach to be adopted when valuing partnership assets, including partnership names.
  Advised and acted for a number of law firms in disputes between partners and members of LLPs.
• Tom has acted as an examiner appointed by the Commercial Court for the purposes of taking a deposition for use in US proceedings.

• Howell v Lees Millais [2007] EWCA Civ 720
  Appeared successfully for the Claimant/Appellant (led by Charles Flint QC) in this appeal against the refusal by Peter Smith J to recuse himself from hearing a case.
• Victor Chandler v Murray (2007)
  Acted for Victor Chandler to obtain an order under section 25 of the Civil Judgments and Jurisdiction Act to assist pending confidentiality proceedings in Gibraltar.
• Global v AMS and MBC [2006] EWHC 3107 (Ch)
  Acted for a leading Saudi broadcaster and advertising agency in this case involving allegations of secret profits and breaches of fiduciary duty.  Obtained security for costs and (led by Charles Flint QC) resisted an application to set aside service out of the jurisdiction.
• Daraydan v Solland [2004] EWHC 622 (Ch)
  Acted for the Claimants in a number of applications and at trial in this case involving allegations of bribery over the construction of a large house in Mayfair.  He obtained Freezing and Information Orders, restrained further steps in an adjudication and obtained judgment against the recipient of the bribes.
• ABN-AMRO v Blue Wings
  Acted for a consortium of banks and the Export Credit Guarantee Department in an interesting case involving allegations of Iranian links on the part of a German airline which was seeking to purchase an aircraft.  Led by David Donaldson QC; case settled following summary judgment application but before judgment.

Tom has acted in a wide range of entertainment disputes, involving music, film, fashion, television and radio.  He has advised licensors, licensees and regulators in relation to a wide range of UK and international disputes.  He spoke at MIDEM 2007 on the work of the Copyright Tribunal, and in particular the Online music reference (see below).   

He has considerable experience of the Copyright Tribunal and regularly deals with cases which involve issues relating to copyright, partnership and performer’s property rights

Copyright Tribunal:

• Tom has acted in a large number of Copyright Tribunal disputes both for applicants (including the BPI and iTunes) and for licensing bodies (VPL and PPL). 
• He has been instructed in two challenges to schemes promulgated by PRS for Music (the scheme for music DVDs and the scheme for Online music).  In the Online music reference, he initially acted for the BPI as part of a team led by Ian Mill QC.  When the BPI settled its claim, Tom was instructed by iTunes to represent it and conducted the hearing (over 15 days) without a leader (see BPI v MCPS-PRS Alliance [2008] EMLR 5).  He has also advised a number of licensees in relation to other schemes promulgated by PRS for Music, and is currently acting for ITV in its pending challenge in the Copyright Tribunal.
• Tom has also acted for VPL and PPL in relation to potential and pending disputes in the Copyright Tribunal.   Most recently, Tom appeared for VPL in an appeal against the Copyright Tribunal’s decision in relation to music television, CSC v VPL [2010] EWHC 2094 (Ch) [2011] EWCA Civ 650, and for PPL in an appeal against the Copyright Tribunal’s decision in relation to background music, PPL v BHA [2009] EWHC 209 (Ch).  
• He also recently appeared for an intervener, the UK Media Monitoring Agency, in a challenge in the Copyright Tribunal to one of the Newspaper Licensing Agency’s schemes (Meltwater v NLA).

High Court:

• Tom has acted (or is currently acting) in a large number of band and partnership related disputes for amongst others Snow Patrol, Duran Duran, the Sugababes and Busted (McPhail v Bourne [2008] EWHC 1235 (Ch)
• He has also acted in wide range of disputes on behalf of (amongst others) Bucks Music (in a dispute with the DJ Jay Sean), the tenor Jonas Kaufmann (in dispute with Decca), iTunes, IFPI, Christine Bleakley, Mark Morot, Iron Maiden, the BBC, Fat Cat Records (in a dispute with Sigur Ros), Microsoft, Blue (in a passing off action brought against the boy band by a 1970s band), Oasis (in insurance and other matters), Carlton Film Distributors, MGN, Film Four, Tomasz Starjewski and Roger Moore. 
• He has also been involved in cases involving the band Placebo, the Beatles’ Lost Concert, the song “Fight for This Love” (performed by Cheryl Cole), an Oscar winning animated version of Peter and the Wolf, the Bay City Rollers, The World is Not Enough, P Diddy, Simply Red and Melinda Messenger. 

Tom has advised and acted in a number of cases involving a number of different sports (football, horse-racing, cricket, rugby and rowing). 

He has acted for UEFA and RFU in taking action against ticket touts (he also obtained a finding that one tout was in contempt of court) and has also acted for even organizers seeking to challenge or avoid breaching ticketing rules.  He obtained an interim injunction for Racing UK in a dispute with Doncaster Racecourse over satellite broadcasts.

He appeared (led by Ian Mill QC) for Wayne Rooney’s former image rights agent (Proactive v Rooney & others [2010] EWHC 1807 (QB)).  He has also been involved in a case against Middlesbrough FC and recently advised the British Olympic Association in a dispute with the London Organising Committee of the Olympic Games.

He has also appeared in cases before sports disciplinary bodies. 

Tom regularly acts for a number of public authorities, including the Independent Police Complaints Authority, the Office of Fair Trading, the General Medical Council and the Home Secretary (in Prisons and Immigration claims).  He has also acted for a number of newspapers (including The Times and The Gleaner) in a number of public law cases involving free speech issues.  He has advised and acted for a number of commercial bodies in proposed challenges to commercial and financial regulators (both in this country and abroad).

He is regularly used by the Serious Organised Crime Agency for claims in the Administrative Court.

Tom has also advised a number of public authorities (both in the UK and elsewhere) on a number of confidential matters involving issues of Human Rights and statutory construction.

His interest in prisons stems from his time as a member of the Independent Monitoring Board of HMP Wormwood Scrubs and as a member of Sir Peter Lloyd MP’s committee, which investigated the most effective way in which lay people can monitor prisons.

• News International & BSkyB
  Assisted News International in relation to regulatory issues concerning its attempt to purchase the shares in BSkyB that it does not currently own. 
• R(Elam) v Secretary of State for Justice
  Acting for the Secretary of State in a difficult case concerning the proper construction of the Criminal Justice 2003 and its transitional provisions.  Case pending before the Court of Appeal.
• Walker v GMC [2010] EWHC 3849 (Admin)
  Acted for the GMC in a case involving the extent to which a Fitness to Practise Panel was required to sit in private when considering allegations of sexual misconduct brought against the victim of blackmail. 
• Fox v United Kingdom and Morrison v IPCC [2009] EWHC 2589 (Admin)
  Acting for the Secretary of State in these cases involving Tasers and Article 3 of the European Convention on Human Rights. Fox is pending in Strasbourg.
• Young v Official Receiver, [2010] EWHC 1591 (Ch)
  Acted for the Official Receiver in this case involving the compatability of insolvency legislation and the European Convention on Human Rights.
• Chauhan v GMC [2010] EWHC 2903
  Acted for the GMC in a complex appeal from a decision of a Fitness to Practice Panel.
• SOCA v Perry [2009] EWHC 1960 and 2673 (Admin); [2010] EWHC 1711 (Admin); [2010] EWCA Civ 907
  Acting as part of a team for the Serious Organised Crime Agency in a high value proceeds of crime case in the High Court and in the Court of Appeal.   Appeals to the Supreme Court are pending as to the territorial scope of the Proceeds of Crime Act 2002.  Tom has acted for SOCA (and previously ARA) in numerous other cases in the Administrative Court when seeking to recover the proceeds of crime through civil recovery proceedings. 
• Al Fartoosi v Secretary of State for Defence
  Part of a team acting for the Secretary of State in a case involving allegations of abuse by soldiers in Iraq.
• R (Saunders) v IPCC [2009] 1 All ER 379
  Acting for the IPCC in a high profile case concerning the shooting of a barrister and the ability of police officers to confer when preparing statements in relation to a fatal police shooting.

• R (IPCC) v Chief Constable of West Midlands [2007] EWHC 2715 (Admin); R (Coker) v HM Coroner for Inner South District of Greater London [2006] EWHC 614 (Admin) and numerous other cases.
  Acted on behalf of the Independent Police Complaints Commission in a number of cases involving (a) questions of national security; (b) the ability of a Chief Constable who sought to exclude the IPCC from a meeting to review a sanction imposed on a police officer; and (c) the power of coroners to make statements about a death in custody prior to the conclusion of the IPCC’s investigations.
• Rahman v GMC [2007] EWHC 3257 (Admin), R(Aaalamani) v GMC [2007] EWHC 2716 (Admin),R (Sargent) v GMC [2006] EWHC 505 (Admin), R (David) v GMC [2004] EWHC 2670 (Admin) and R(P) v GMC [2004] EWHC 2434 (Admin)  and other cases.
  Often acts for the GMC in cases involving challenges by doctors and patients to decisions taken by the GMC.
• Howell v Lees Millais (CA) [2007] EWCA Civ 720
  Appeared successfully for the Claimant/Appellant (led by Charles Flint QC) in this appeal against the refusal by Peter Smith J to recuse himself from hearing a case.
• Office of Fair Trading v Magno-Pulse, Office of Fair Trading v Heaven Communications
  Acted for the OFT in a number of cases involving breaches of the Enterprise Act and the Control of Misleading Advertisements Regulations. Successfully settled one case (through attendance at mediation) and obtained Court order in another.
• B v Secretary of State for Work and Pensions CIS/4348/2003 (Tribunal of Commissioners) and [2005] EWCA Civ 929 (CA)
  Acted for B in this difficult case concerning the proper construction of section 71 of the Social Security Administration Act 1992. Acted solo before the Tribunal of Commissioners and led by John Howell QC in the Court of Appeal; the case is now pending in Strasbourg.
• GH (former KAZ – Country Conditions) Iraq [2004] UKIAT 00248
  Appeared successfully for the Secretary of State during the summer of 2004 in this sensitive case involving the country conditions in Iraq for failed asylum seekers. 
  He has also advised on a number of issues relating to the Data Protection Acts and the Freedom of Information Act.

Tom has acted and advised in a number of judicial reviews and proposed judicial reviews against the Financial Ombudsman.  He also has wide experience of acting for financial institutions in claims brought by customers relating to demutualisation and other issues. He has also given advice in relation to Collective Investments Schemes and advised individuals who have been threatened with action by the Financial Services Authority and other overseas regulators.

He recently appeared (led by Charles Flint QC) in a high-profile case before the Takeover Panel. The first case for many years in which a 'cold shouldering' order has been made.

He has recently been working on a number of cases brought by the Financial Services Authority against individuals for alleged mismarking.

He has also acted for the Financial Services Compensation Scheme in a judicial review that arose out of the collapse of Keydata Investment Services Limited.

He worked for GE Life Fund Management in a case brought by the Financial Services Compensation Scheme in a case involving Structured Capital At Risk Products.  He has advised a number of individuals and firms in relation to allegations of Market Abuse and other regulatory issues.

Tom worked for PIA as part of a team from Blackstone Chambers in a number of cases involving allegations of endowment mis-selling by leading financial institutions.

He also worked on secondment to the Financial Services Authority.  As External Counsel to the FSA’s Enforcement Law & Policy Department, Tom advised on a wide range of financial services related issues, including questions relating to financial services regulation, the draft Financial Services and Markets Bill and the new regulatory regime.

Tom has also acted as part of team defending the former Managing Director of Morgan Grenfell in regulatory proceedings brought by IMRO arising out of the Peter Young affair.  He has also advised and acted in a number of cases concerning the application of the Financial Services Act and the Financial Services and Markets Act.

Tom has acted in a large number of employment and discrimination cases.
 
He often appears in the High Court in cases involving employee fraud, breaches of restrictive covenants and breaches of confidence.  He has obtained and resisted numerous injunctions brought against employees and company directors. Most recently he acted against BGC in a claim to enforce post termination restrictive covenants and to restrain alleged breaches of confidence.

Tom has considerable experience of cases that involve issues relating to telecommunications.   He has acted for and against the providers of telephone services in commercial and regulatory contexts.

He has undertaken a number of cases for Vodafone and most recently he acted in a complex commercial dispute between Orange and T-Mobile in relation to various interconnect agreements.

Tom has acted in a number of domestic and international arbitrations in the LCIA, the ICC and the PPL Arbitral Tribunal.  He has dealt with arbitrations that have involved such issues as the supply of petroleum coke, the sale of iron ore, the supply of services (by amongst others a well-known firm of solicitors and an American technical services company) and the exercise of an option under a music publishing agreement.

VAT registration number:  672514534