Throughout his career Tom has worked in a wide range of areas. Tom has presented his cases in the ECJ/CJEU/General Court, the ECtHR, the House of Lords/Supreme Court, Court of Appeal and most divisions of the High Court.

On the public law side most of Tom’s current work is for claimants.  But Tom was on the Attorney-General’s ‘A’ Panel of Counsel until he took silk in 2012 (and before that the B and C Panels); he also acted as a Special Advocate in a significant number of national security cases, starting with the Belmarsh case and culminating in the Binyam Mohammed litigation. Tom was appointed as the Special Adviser to the Constitutional Affairs Select Committee when it reviewed the use of Special Advocates.

After completing pupillage in Blackstone Chambers in 1996 Tom won the Bristow Scholarship which enabled him to work for c.9 months in the EU institutions, working both in the Commission Legal Service and in the Cabinet of AG Jacobs.

Tom is recommended in both of the leading independent legal directories and is ranked in Chambers Global 2016 in Competition/EU.

Clients have included: 

  • Sainsburys, C&C, Lebara, Sodastream, ASA, BCAP, OFT, DBIS, CAA in the field of advertising and consumer protection.
  • TfL, Arriva, National Express, CAA, the Air Cargo claimants in the transport sector.
  • Ofcom, Ofwat and Ofgem, O2, Vodafone, 118 118, Virgin Media, MoD, Western Power Distribution and Utilita for telecoms and other utilities regulatory advice. 
  • Toshiba Corporation, Saab, Volvo, Jaguar, Peugeot, Travis Perkins, Apollo, Aventis, Interserve, Travis Perkins, the Air Cargo Claimants, Chemistree Homecare, FX Claimants and others in the field of competition law/damages claims.
  • JUSTICE, Liberty, the criminal bar claimants in Lumsdon for pro bono human rights cases and interventions.
  • Binyam Mohammed, AF, the Kamoka Claimants and others as a Special Advocate in national security cases.
  • HMRC, BAT and NACMO in the field of tobacco regulation. 
  • Recolight, Biffa, Ensus, Thames Water and a large group of water companies in the environmental field.

Experience

Shortlist

Public & Regulatory

There is a very considerable overlap between Tom’s public law, human rights and EU and environmental expertise.  Clients seek Tom out, in particular, for his ability to provide comprehensive expert advice straddling these fields. 

Tom has expertise in a wide range of fields of commercial, technical and professional regulation and discipline, particularly where harmonized by EU law such as: pharmaceuticals, foods and food supplements pesticides and GMOs; financial services, legal services; medical services and qualifications; aviation, broadcasting and advertising (see Media section below for further detail). 

Tom’s EU public law practice is extremely broad (see further below for the commercial aspects of Tom’s EU practice).  He regularly appears for and against the UK in the CJEU/GC and in cases raising EU law points in domestic tribunals.  The public law dimension to Tom’s EU practice embraces subjects as diverse as customs and duties control, social security co-ordination, discrimination, citizenship, free movement (goods, persons, services), immigration, the EU Charter.

Tom also has considerable experience in Francovich claims against public bodies, most recently in the Tom’s civil liberties practice has a wide scope: terrorism, torture, unlawful detention, free speech, privacy, property and fair hearings have featured particularly prominently in Tom’s recent work for a diverse range of individual, corporate and public clients. litigation where Tom obtained sizeable compensation for his client from the Home Office for extreme delays in the recognition of her EU rights of residence that had the effect of preventing her from working.

Cases

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Civil Liberties & Human Rights

Tom’s civil liberties practice has a wide scope: terrorism, torture, unlawful detention, free speech, privacy, property and fair hearings have featured particularly prominently in Tom’s recent work for a diverse range of individual, corporate and public clients.

Cases

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EU & Competition

Tom has considerable experience in Francovich claims against public bodies, most recently in the Zewdu litigation where Tom obtained sizeable compensation for his client from the Home Office for extreme delays in the recognition of her EU rights of residence that had the effect of preventing her from working.

Tom is working on a number of large claims likely to be brought in the course of the next year, including in relation to the FX cartel.  Tom has also advised (and written) extensively on the viability of claims under the new collective proceedings facilitated by the Consumer Rights Act 2015, in relation to which he is an acknowledged expert.  Tom was a member of the CAT Working Party on collective

Tom has had briefs in many of the current and very sizable follow on damages claims currently working their way through the Courts, most of which are currently at very early stages.  He acts for both defendants and claimants.   

Tom has a competition law practice that spans the full range of EU and domestic competition law matters, with particular focus on competition regulatory work (gas and electricity, telecoms, water etc) and private enforcement (“stand alone” and “follow on” claims) as well as state aid.  Cartels work provides a natural synergy with Tom’s civil fraud experience. Tom won the Chambers & Partners Bar 2007 awards for “EC/Competition Junior of the year” (for which he was also short-listed in 2006).

Closely related is Tom’s work in EU state liability claims.  Such cases require a mix of public law expertise (is a breach ‘manifest and grave’?) and commercial litigation know-how (causation, quantum, market modelling) and have strong similarities with competition law “follow on” claims.

Tom’s damages work in multi-jurisdictional cartels frequently raises conflicts issues (jurisdiction, applicable law).  Ever since he successfully argued the seminal Grovit case in the CJEU Tom’s EU expertise has provided the basis for conflicts instructions domestically and in the CJEU, both for the UK and against it, a notable recent case in point being the recent AMT Futures litigation arising out of enforcement of exclusive jurisdiction and applicable law clauses which has generated two separate strands of conflicts work, one part in the Supreme Court and one part in the Commercial Court.

Complex jurisdictional and applicable law advice has been a key part of Tom’s multi-jurisdictional follow on damages practice ever since the seminal Provimi v Aventis case (still a leading jurisdiction authority), in which it is an invariable issue for consideration by Claimants and Defendants alike.

Cases

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Environment

Tom practises extensively in environmental law. Thanks to the Fish Legal case, and earlier work in waste (Barr v Biffa) etc., he has recently developed a growing practice in water regulation, principally for water and sewerage undertakers. 

Examples of Tom’s current and recent work in this area can be found below.

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Commercial

Given Tom’s strength in EU and competition law, he is regularly in demand in commercial cases raising issues of EU, commercial (financial services, telecoms), conflicts of laws and competition law.  Tom has regularly acted in commercial issues in the CJEU, Court of Appeal as well as the Commercial Court and Chancery Division.  Beyond these areas Tom’s general commercial litigation practice spans a wide range of areas including: conspiracy and economic torts (especially using civilian unfair competition torts with English disclosure); civil fraud, particularly in a commercial employment context; confidential information and soft IP (trademarks, copyright); restraint of trade and restrictive covenants; and conflicts of law.

Cases

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Civil Fraud, Asset Recovery & Injunctive Relief

Tom practises extensively in civil fraud and examples of his current and recent work in this area can be found below.

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Pharmaceuticals

Complex jurisdictional and applicable law advice has been a key part of Tom’s multi-jurisdictional follow on damages practice ever since the seminal Provimi v Aventis case (still a leading jurisdiction authority), in which it is an invariable issue for consideration by Claimants and Defendants alike.

Tom has extensive experience of pharmaceuticals cases and examples of his current and recent work in this area can be found below.

His recent clients in this sector include: Pfizer, Eisai, Medtronic, BMS, Goldshield, Novartis, Sandoz, Teva, Aventis, Waymade, , Blue Bio, Remedy UK, Perrigo, Intermune, Gilead, Chemistree and Nutricia, Diomed and ABPI, PMCOPA, as well as the CPA, CHRE, MHRA, DoH, PCT/CCGss, in the pharmaceutical/medical devices/FSMPs field.

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Sport

Tom practises extensively in sports law and examples of his current and recent work in this area can be found below.

Tom has written (with Ravi Mehta) the Chapter in Lewis & Taylor on Sport on EU free movement rights.

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Media & Entertainment

Ever since pupillage with Ian Mill QC Tom has pursued a practice in Media & Entertainment, Sports and Broadcasting litigation, embracing matters such as record company and recording agreement disputes, restraint of trade, film finance, collecting society disputes, broadcasting disputes and advertising regulation.  Tom undertakes a wide range of related IP litigation, whether in copyright, trademarks, passing off and the like.

With the increasing intrusion of EU harmonization into IP and EU regulation (notably consumer regulation) and EU competition law into media and broadcasting, as well as sports, Tom’s expertise in these areas of cross-over has been increasingly called upon.  Tom regularly provides competition and EU advice in a media, sports, advertising and broadcasting context.

Tom has a broad media practice embracing film and music industry work, broadcasting regulation and the law of advertising.

Cases

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Telecommunications

Over the years Tom has been involved in a number of high profile telecommunications disputes, acting for, amongst others, O2, H3G, Vodafone, Virgin, 118 118, Lebara, Inmarsat, the MoD and Ofcom. 

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Achievements

Education

BA (Oxon), LLM (EUI)

Publications

  • Tom co-wrote three chapters in Lester & Pannick (ed), Human Rights Law & Practice (2nd ed). 
  • Tom wrote the chapter, Remedies, in B. Lang (ed), Administrative Court: Practice & Procedure. 
  • Tom wrote the chapter on Preliminary Rulings in Craig & de Burca, EU Law in Social and Political Context and rewrote the chapter in the 2nd edition with Catherine Donnelly.
  • 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 PLP, Liberty, JUSTICE, ALBA and BEG. 
  • Tom is regularly involved in Human Rights training and lecturing for a wide variety of organisations, including JUSTICE and the GLS.
  • 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 competition law, conflicts, fraud and other commercial topics and has published a number of articles on state liability claims.

Appointments

  • Chairman of the Bar European Group (2011-2013)
  • Committee Member of BEG and ALBA
  • Member of Bar Pro Bono board

Selected earlier reported cases

Public & Regulatory, Civil Liberties & Human Rights and EU law

  • Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs [2013] 1 AC 614
  • Barr v Biffa Waste Services [2012] 3 All ER 380
  • Gray v News Group Newspapers Ltd [2012] 2 WLR 848
  • Case C-446/09 Koninklijke Philips Electronics NV [2012] ETMR 13
  • Case C-503/09 Stewart v Secretary of State for Work & Pensions [2012] 1 CMLR 13
  • Case C-446/09 Philips [2012] Bus LR 1850
  • Case C-62/09 R(ABPI) v MHRA [2011] All ER (EC) 102
  • SS(Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547
  • R (Sinclair Collis) v Secretary of State for Health [2012] QB 394
  • R (Broom) v Secretary of State for Justice [2012] 4 Costs LO 504
  • R (Sainsbury’s Supermarkets Ltd) v Independent Review of the Advertising Standards Authority [2015] ACD 23
  • VB Penzugyi Lizing [2011] 2 CMLR 1
  • R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs Court of Appeal (Civil Division) [2010] EWCA Civ 65; [2010] 3 WLR 554

Competition

  • Historic car glass claims (3 separate actions – Jaguar, Saab and Volvo, claimants)
  • Industrial Bags (claimants)
  • Paraffin Wax for Total (Part 20 Defendant)
  • Vitamins Cartels: Tom acted for Aventis in five separate actions, four as defendants, one as Part 20 Defendant
  • LCD/CRT for Toshiba (Defendant)
  • The generic medicines cartel, acting for Goldshield (Defendant) in both civil and criminal proceedings

Telecommunications

  • Telefonica O2 UK Ltd v Ofcom [2010] CAT 25
  • Vodafone v BT [2010] EWCA Civ 391; [2010] Bus LR 1666
  • T-Mobile (UK) Ltd v Ofcom [2009] 1 WLR 1565

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