Tom Coates

Instructed as junior counsel (with Javan Herberg QC, Shaheed Fatima QC and Simon Pritchard) advising a major global bank in relation to regulatory issues caused by the recent shutdown of the nickel market operated by the London Metal Exchange. The nickel market was closed following an unprecedented spike in the price of nickel after the invasion of Ukraine.

Instructed as junior counsel for Ofcom (led by Monica Carss-Frisk QC and Naina Patel) in a challenge to its decision to take no regulatory action in respect of Openreach's "Equinox" offer for fibre-to-the-premises. The case will be heard by the Competition Appeal Tribunal in May 2022.

Instructed as junior counsel (led by Brian Kennelly QC) for the Secretary of State in a major judicial review concerning the Secretary of State's alleged failure to implement a decision of the CJEU concerning the proper interpretation of the Motor Insurance Directive. The case raises issues concerning the UK's exit from the EU, including breach of property rights, unlawful State aid, and Francovich damages. The Motor Insurance Bureau and claimant insurers seek hundreds of millions of pounds from the Secretary of State to compensate them for the alleged failure to implement or reverse the relevant CJEU judgment.

Instructed as junior counsel for the defendant in two related judicial reviews brought by bus operators against Greater Manchester's decision to introduce bus franchising to Manchester under the Transport Act 2000 (a system similar to that used in London). The case raises issues of whether Greater Manchester's decision can be said to be lawful in the light of the problems raised by the Covid-19 pandemic. 

Instructed as junior counsel for Ofgem in eight major appeals brought by electricity and gas transmission and gas distribution companies against Ofgem's price control decision, which set the prices to be recovered from consumers between 2021 and 2026. The appeals (worth hundreds of millions in terms of regulated revenues) were largely dismissed by the CMA.

Instructed as junior counsel for a telecommunications company (led by Tom de la Mare QC) in the first competition proceedings brought by Ofcom for infringement of the Chapter I prohibition. The case raises issues of the confidentiality of information and the rebuttable presumption that undertakings take account of information received where they remain active on the market subsequently. An appeal to the Competition Appeal Tribunal may occur in 2022.

Instructed as junior counsel for Ryanair (led by Brian Kennelly QC) in enforcement proceedings brought by the Civil Aviation Authority under the Enterprise Act 2002 in connection with Ryanair's failure to pay compensation to passengers whose flights were affected by union-led strikes in 2018. The case raised issues of the extent to which English Courts should have regard to decisions of the CJEU after the end of the implementation period.  

Instructed as junior counsel (led by Monica Carss-Frisk QC and Tristan Jones) in judicial review proceedings brought by a higher education provider in relation to the OfS's refusal to register it under the new regulatory regime under the Higher Education and Research Act 2017. The case was the first challenge to the OfS and raised issues of lawful delegation, the duty to consult, the public sector equality duty, A1P1, discrimination under Article 14 ECHR and proportionality.

Instructed as junior counsel (led by Monica Carss-Frisk QC) for the OfS in a challenge to a decision refusing to register the claimant as a higher education provider. The claimant applied for an injunction restraining the OfS's publication of its adverse decision. The High Court rejected the application and its judgment develops the principles governing the restraint of publication of regulatory decisions, including the balancing of rights under Articles 8 and 10 ECHR.

Instructed as junior counsel (led by Kate Gallafent QC) for the Oil and Gas Authority in a judicial review brought by an environmental campaigner challenging the Oil and Gas Authority's actions in respect of the assignment of fracking licences. The case raises issues concerning who has ultimate liability for onshore oil and gas decommissioning and whether the Oil and Gas Authority has duties or powers to secure the same.

Instructed as junior counsel for the Secretary of State (with Hanif Mussa) in a series of judicial reviews concerning the lawfulness of the Secretary of State's policy of badger culling as part of the strategy to eradicate bovine tuberculosis. The claimants claims have so far been dismissed in the High Court and Court of Appeal. The most recent judgment defined the scope of the Secretary of State's duty to have regard to the purpose of conserving biodiversity under s. 40 of the Natural Environment and Rural Communities Act 2006. 

Instructed as junior counsel to Ofgem (led by Alan Maclean QC and Jessica Boyd) in British Gas's judicial review of Ofgem's domestic retail energy price cap.

Instructed as junior counsel (led by Javan Herberg QC) in an appeal by Virgin Media against an enforcement decision concerning the early termination charges paid by Virgin Media's customers. The case raised issues concerning the lawfulness of Ofcom's approach to setting penalties "in the round". The CAT dismissed Virgin Media's appeal.

Tom is frequently instructed to advise windfarm operators in relation to issues concerning the regulatory regime for offshore wind operated by Ofgem. Tom has advised on issues regarding the lawfulness of Ofgem's decisions and possible claims for damages under the Human Rights Act 1998 for infringement of A1P1.

Instructed as junior counsel (led by Natalie Lieven QC) in a judicial review brought by the ICAEW against the Lord Chancellor's refusal to approve its application to become an approved regulator in respect of legal services. 

Instructed as junior counsel (led by Dinah Rose QC, Jessica Boyd and Hanif Mussa) for Ofcom in two expedited judicial review claims brought by Hutchison 3G and BT/EE with respect to Ofcom's award of the 2.3 and 3.4 GHz spectrum. The case raised important issues of fairness in consultation. Ofcom was successful at first instance and successfully resisted permission to appeal at a rolled-up hearing before the Court of Appeal.

Instructed as junior counsel (led by Michael Fordham QC) for Vodafone as an interested party to EE’s challenge to Ofcom’s decision to revise annual license fees payable by the MNOs for their use of radio spectrum. The case raised issues as to the proper interpretation of the telecommunications Common Regulatory Framework.

Instructed as junior counsel (led by Javan Herberg QC) for Ofgem in a judicial review claim brought by an electricity distributor challenging Ofgem's decision of a connections dispute referred to it under section 23 of the Electricity Act 1989. The case raises the issue of whether or not electricity distributors can request payment in advance of connection works without paying interest thereon.

Acting for the Human Embryology and Fertilisation Authority (assisting Catherine Callaghan) in a claim which concerned whether or not the Authority had lawfully decided not to release the eggs of a deceased woman to her claimant mother for use in IVF treatment. Tom was specifically instructed to assist on the issue of whether or not the decision engaged or infringed Article 8 ECHR.

Instructed as junior counsel (led by Brian Kennelly QC) in judicial review proceedings challenging a decision of the Civil Aviation Authority which sought to limit the terms of which Ryanair could contract with alternative dispute resolution providers. 

Instructed as sole counsel for the Institute of Chartered Accountants in a 7-day disciplinary hearing against a QC relating to the former accountant for the Sugababes, charged with failing to deal in a timely manner with certain aspects of the band's affairs and those of the former member, Amelle Berrabah. The charges were found proved at first instance and Mr White's appeal against the findings was dismissed following a further 3-day hearing.

Instructed as junior counsel (led by Pushpinder Saini QC, Jane Collier, and Hanif Mussa) for the Gas and Electricity Markets Authority (Ofgem) in the appeal brought by British Gas against Ofgem’s RIIO-ED1 price control decision for the electricity distribution sector. This was the first appeal to be brought under section 11 of the Electricity Act 1989 and was successfully defended by Ofgem.

Instructed as junior counsel (led by Alan Maclean QC) for the Hepatitis C Trust in its challenge to a decision by the NHS limiting the availability of new treatments for Hepatitis C to NHS patients.

Instructed as junior counsel (led by Robert O'Donogue QC) for eircom in proceedings involving: a claim for damages under the Competition Act 2003 in respect of BT's breach of SMP conditions; and a stand-alone claim for breach of the Chapter II prohibition.

Instructed as junior counsel for Ryanair (led by Brian Kennelly QC) in enforcement proceedings brought by the Civil Aviation Authority under the Enterprise Act 2002 in connection with Ryanair's failure to pay compensation to passengers whose flights were affected by union-led strikes in 2018. The case raised issues of the extent to which English Courts should have regard to decisions of the CJEU after the end of the implementation period.  

Instructed as junior counsel (led by Brian Kennelly QC) for the Secretary of State in a major judicial review concerning the Secretary of State's alleged failure to implement a decision of the CJEU concerning the proper interpretation of the Motor Insurance Directive. The case raises issues concerning the UK's exit from the EU, including breach of property rights, unlawful State aid, and Francovich damages. The Motor Insurance Bureau and claimant insurers seek hundreds of millions of pounds from the Secretary of State to compensate them for the alleged failure to implement or reverse the relevant CJEU judgment.

Instructed as junior counsel for a telecommunications company (led by Tom de la Mare QC) in the first competition proceedings brought by Ofcom for infringement of the Chapter I prohibition. The case raises issues of the confidentiality of information and the rebuttable presumption that undertakings take account of information received where they remain active on the market subsequently. An appeal to the Competition Appeal Tribunal may occur in 2022.

Instructed as counsel for the defendant in a case concerning the alleged infringement of undertakings offered to the CMA in the context of a merger investigation and in particular whether an option over land held by the claimant infringes those undertakings and the defendant is entitled to damages under s. 74 of the Enterprise Act 2002 as a result. The defence and Part 20 Claim was dismissed at first instance by Marcus Smith J ([2021] EWHC 2743 (Ch)) who nevertheless granted permission to appeal to the Court of Appeal, recognising the importance of the point of construction raised by the case.

Instructed as counsel for Laudamotion in a preliminary reference concerning the interpretation of Regulation (EC) 261/2004 and in particular whether passengers are entitled to compensation where their flight is brought forward rather than delayed and whether notice to an online travel agent is an effective defence under the Regulation.

Instructed as counsel for Ryanair in a preliminary reference from German proceedings concerning whether union-led strikes amount to extraordinary circumstances for the purposes of Regulation (EC) 261/2004 (on compensation for denied boarding and cancellations) and the interaction between the Regulation and fundamental EU rights of collective bargaining.

Instructed as junior counsel for Ryanair (led by Brian Kennelly QC) in a preliminary reference to the CJEU from proceedings brought by the Italian Competition Authority concerning the compatibility of Ryanair's optional price supplements (such as credit card and check-in fees) with Regulation No 1008/2008. 

Instructed as junior counsel for Ryanair (led by Brian Kennelly QC) in a preliminary reference to the CJEU from underlying Spanish proceedings concerning the interpretation of the "extraordinary circumstances" defence under Regulation (EC) 261/2004 on compensation for passengers in the event of flight disruption.

Instructed as sole counsel for Ryanair in Court of Appeal proceedings concerning the proper interpretation of Regulation (EC) 261/2004 and whether union-led strikes affecting Ryanair's operations amount to "extraordinary circumstances". The case raises issues concerning the effect of Brexit on retained EU law and caselaw.

Instructed as junior counsel (with Brian Kennelly QC) for Ryanair in a claim brought by a firm of solicitors concerning Ryanair's handling of flight disruption compensation claims under EU Regulation 261/2004 and the alleged entitlement to protection of solicitors' liens. Ryanair successfully defended the claim at first instance and the claimant's appeal to the Court of Appeal was dismissed. The Supreme Court allowed the claimant's appeal by a 3-2 majority in an important judgment which defines the scope of the equitable lien in a modern context.

Instructed as junior counsel (led by James Segan QC) for the defendant in a multi-million Euro claim for breach of distribution agreements governing the parties' supply and sale of pesticide products in Europe. The case raised issues of breach of confidence and EU intellectual property law.

Instructed as junior counsel (led by Brian Kennelly QC) for Delta in follow-on damages proceedings brought in the High Court by W H Newson following a finding that IMI, Delta and others had participated in a copper fittings cartel. Tom appeared at the trial of a preliminary issue concerning whether or not Delta were entitled to rely on a limitation defence to resist contribution proceedings brought by IMI under the Civil Liability (Contribution) Act 1978 once the main action had settled.

Instructed as junior counsel (led by Brian Kennelly QC) for Secop GmbH, a defendant to a follow-on damages claim in the High Court arising from the refrigeration compressors cartel. The case raised issues of the jurisdiction of the English courts to hear the case.

Instructed as junior counsel (led by Michael Fordham QC) for Vodafone as an interested party to EE’s challenge to Ofcom’s decision to revise annual license fees payable by the MNOs for their use of radio spectrum. The case raised issues as to the proper interpretation of the telecommunications Common Regulatory Framework.

Instructed as junior counsel (led by Brian Kennelly QC) for Ryanair in an appeal to the High Court in a claim concerning flight delay compensation under Regulation (EU) 261/2004. The appeal raises the issue of whether or not infants are entitled to compensation under the Regulation.

Instructed as junior counsel (with Brian Kennelly QC) for Ryanair in a claim brought by a firm of solicitors concerning Ryanair's handling of flight disruption compensation claims under EU Regulation 261/2004 and the alleged entitlement to protection of solicitors' liens. Ryanair successfully defended the claim at first instance and the claimant's appeal to the Court of Appeal was dismissed. The Supreme Court allowed the claimant's appeal by a 3-2 majority in an important judgment which defines the scope of the equitable lien in a modern context.

Instructed as junior counsel (with Victoria Windle) for the claimants, two management consultants and turnaround experts, in their claim for an equity stake in an international telecommunications business. The claimants successfully resisted combined applications for summary judgment and orders declaring that the English court had no jurisdiction to hear the claims. A three-week trial commenced in late 2021 but the dispute settled.

Instructed as junior counsel in a large team of counsel representing News International in ongoing managed litigation brought by celebrities and other prominent individuals alleging breach of privacy rights by "phone hacking".

Instructed as counsel for the defendant in a case concerning the alleged infringement of undertakings offered to the CMA in the context of a merger investigation and in particular whether an option over land held by the claimant infringes those undertakings and the defendant is entitled to damages under s. 74 of the Enterprise Act 2002 as a result. The defence and Part 20 Claim was dismissed at first instance by Marcus Smith J ([2021] EWHC 2743 (Ch)) who nevertheless granted permission to appeal to the Court of Appeal, recognising the importance of the point of construction raised by the case.

Instructed as counsel for the claimants (which operate a luxury asset pawning business) in proceedings brought against its former CEO for breach of directorial duties. The case raises issues of the provenance and authenticity of artworks alleged to be by Turner and Degas (on which loans from the claimants were secured). Tom appeared at a two-day hearing where the claimants successfully resisted strike out and summary judgment applications ([2021] EWHC 1902 (Ch)).

Instructed as junior counsel (with Andrew Hunter QC, Adam Baradon and Harry Adamson) for the defendants to a US$200m fraud claim. The case involved an application to discharge a US$160m freezing injunction inter alia on the basis of material non-disclosures and several ancillary applications.

Instructed as junior counsel (led by James Segan QC) for the defendant in a multi-million Euro claim for breach of distribution agreements governing the parties' supply and sale of pesticide products in Europe. The case raised issues of breach of confidence and EU intellectual property law.

Instructed as junior counsel (led by Michael Bloch QC) for the Lend Lease defendants in the group litigation brought by various former construction workers who alleged that they had been “blacklisted” by a consortium of construction companies during a period from 1970 to 2010. The case raised issues of defamation, breach of privacy, data protection, conspiracy and joint liability. Tom appeared as a sole advocate for Lend Lease at CMCs before the High Court.

Instructed as junior counsel (led by Tom Weisselberg QC) for a high-profile applicant seeking an injunction restraining the defendant from misusing confidential information acquired in working on the applicant’s biography. 

Instructed as junior counsel for an airline in a commercial LCIA arbitration against an airport in a dispute arising out of an airport services agreement.

Instructed as junior counsel for Ofgem in eight major appeals brought by electricity and gas transmission and gas distribution companies against Ofgem's price control decision, which set the prices to be recovered from consumers between 2021 and 2026. The appeals (worth hundreds of millions in terms of regulated revenues) were largely dismissed by the CMA.

Instructed as junior counsel to Ofgem (led by Alan Maclean QC and Jessica Boyd) in British Gas's judicial review of Ofgem's domestic retail energy price cap.

Instructed as junior counsel (led by Kate Gallafent QC) for the Oil and Gas Authority in a judicial review brought by an environmental campaigner challenging the Oil and Gas Authority's actions in respect of the assignment of fracking licences. The case raises issues concerning who has ultimate liability for onshore oil and gas decommissioning and whether the Oil and Gas Authority has duties or powers to secure the same.

Instructed as junior counsel (led by Javan Herberg QC) for Ofgem in a judicial review claim brought by an electricity distributor challenging Ofgem's decision of a connections dispute referred to it under section 23 of the Electricity Act 1989. The case raises the issue of whether or not electricity distributors can request payment in advance of connection works without paying interest thereon.

Tom is frequently instructed to advise windfarm operators in relation to issues concerning the regulatory regime for offshore wind operated by Ofgem. Tom has advised on issues regarding the lawfulness of Ofgem's decisions and possible claims for damages under the Human Rights Act 1998 for infringement of A1P1.

Instructed as junior counsel (led by Pushpinder Saini QC, Jane Collier, and Hanif Mussa) for the Gas and Electricity Markets Authority (Ofgem) in the appeal brought by British Gas against Ofgem’s RIIO-ED1 price control decision for the electricity distribution sector. This was the first appeal to be brought under section 11 of the Electricity Act 1989 and was successfully defended by Ofgem.

Instructed as junior counsel for Ofcom (led by Monica Carss-Frisk QC and Naina Patel) in a challenge to its decision to take no regulatory action in respect of Openreach's "Equinox" offer for fibre-to-the-premises. The case will be heard by the Competition Appeal Tribunal in May 2022.

Instructed as junior counsel (led by Robert O'Donogue QC) for eircom in proceedings involving: a claim for damages under the Competition Act 2003 in respect of BT's breach of SMP conditions; and a stand-alone claim for breach of the Chapter II prohibition.

Instructed as junior counsel for a telecommunications company (led by Tom de la Mare QC) in the first competition proceedings brought by Ofcom for infringement of the Chapter I prohibition. The case raises issues of the confidentiality of information and the rebuttable presumption that undertakings take account of information received where they remain active on the market subsequently. An appeal to the Competition Appeal Tribunal may occur in 2022.

Instructed as junior counsel (led by Javan Herberg QC) in an appeal by Virgin Media against an enforcement decision concerning the early termination charges paid by Virgin Media's customers. The case raised issues concerning the lawfulness of Ofcom's approach to setting penalties "in the round". The CAT dismissed Virgin Media's appeal.

Instructed as junior counsel (led by Dinah Rose QC, Jessica Boyd and Hanif Mussa) for Ofcom in two expedited judicial review claims brought by Hutchison 3G and BT/EE with respect to Ofcom's award of the 2.3 and 3.4 GHz spectrum. The case raised important issues of fairness in consultation. Ofcom was successful at first instance and successfully resisted permission to appeal at a rolled-up hearing before the Court of Appeal.

Instructed as junior counsel (led by Michael Fordham QC) for Vodafone as an interested party to EE’s challenge to Ofcom’s decision to revise annual license fees payable by the MNOs for their use of radio spectrum. The case raised issues as to the proper interpretation of the telecommunications Common Regulatory Framework.

Instructed as junior counsel (led by Kate Gallafent QC) for the IAAF in two conjoined appeals arising out of disciplinary proceedings brought by the IAAF against two senior officials at Athletics Kenya on corruption charges. The main appellant's appeal against findings of corruption was dismissed by the Court of Arbitration for Sport. 

Instructed as sole counsel for Thomas Minns, a rugby league player, defending doping charges brought by UK Anti-Doping.

Tom recently assisted Ian Mill QC in acting for a racing driver who sought injunctive relief from a sports arbitral panel to enforce the terms of a contract which it was alleged had been breached by his team.

Instructed to represent a football manager facing an FA Rule E3 improper conduct charge.

Instructed as junior counsel (led by Charles Flint QC) to advise a racecourse on a potential challenge to an adverse licensing decision by the Gambling Commission.

Instructed as junior counsel in a large team of counsel representing News International in ongoing managed litigation brought by celebrities and other prominent individuals alleging breach of privacy rights by "phone hacking".

Instructed as junior counsel (led by Monica Carss-Frisk QC and Tristan Jones) in judicial review proceedings brought by a higher education provider in relation to the OfS's refusal to register it under the new regulatory regime under the Higher Education and Research Act 2017. The case was the first challenge to the OfS and raised issues of lawful delegation, the duty to consult, the public sector equality duty, A1P1, discrimination under Article 14 ECHR and proportionality.

Instructed as junior counsel (led by Monica Carss-Frisk QC) for the OfS in a challenge to a decision refusing to register the claimant as a higher education provider. The claimant applied for an injunction restraining the OfS's publication of its adverse decision. The High Court rejected the application and its judgment develops the principles governing the restraint of publication of regulatory decisions, including the balancing of rights under Articles 8 and 10 ECHR.

Acting for the Human Embryology and Fertilisation Authority (assisting Catherine Callaghan) in a claim which concerned whether or not the Authority had lawfully decided not to release the eggs of a deceased woman to her claimant mother for use in IVF treatment. Tom was specifically instructed to assist on the issue of whether or not the decision engaged or infringed Article 8 ECHR.

Acting for the claimant (led by Timothy Otty QC and Tom Hickman) in a claim alleging unlawful detention, torture and confiscation of property against the former prime minister of Qatar. The case raised important issues of diplomatic immunity and the extent to which Foreign Office certification was determinative in conferring immunity and whether or not the commercial activities of a diplomat were relevant to the Court’s determination on this issue.

Instructed as counsel for the claimants (which operate a luxury asset pawning business) in proceedings brought against its former CEO for breach of directorial duties. The case raises issues of the provenance and authenticity of artworks alleged to be by Turner and Degas (on which loans from the claimants were secured). Tom appeared at a two-day hearing where the claimants successfully resisted strike out and summary judgment applications ([2021] EWHC 1902 (Ch)).

Instructed as junior counsel in a large team of counsel representing News International in ongoing managed litigation brought by celebrities and other prominent individuals alleging breach of privacy rights by "phone hacking".

Instructed as sole counsel for a defendant in a partnership dispute concerning the break-up of the heavy metal band, Bullet For My Valentine.

Instructed as sole counsel for a musician in High Court proceedings claiming termination of a publishing agreement. 

Instructed as sole counsel in High Court proceedings concerning the owenrship of copyright in materials relating to an unpublished biography. 

Instructed to represent Reformation in an IPEC claim for breach of copyright in 2 famous Spandau Ballet songs: "Gold" and "True". The case mainly concerned the proper quantification of notional licence fees and raised a legal issue as to the term of the hypothetical licence.

Instructed as sole counsel for the Institute of Chartered Accountants in a 7-day disciplinary hearing against a QC relating to the former accountant for the Sugababes, charged with failing to deal in a timely manner with certain aspects of the band's affairs and those of the former member, Amelle Berrabah. The charges were found proved at first instance and Mr White's appeal against the findings was dismissed following a further 3-day hearing.

Instructed as junior counsel (led by Robert Anderson QC) in High Court proceedings brought be a former member the Sex Pistols for revenues due to him from the other members of the band under a licensing agreement.

Instructed as junior counsel (led by James Segan QC) for the defendant in a multi-million Euro claim for breach of distribution agreements governing the parties' supply and sale of pesticide products in Europe. The case raised issues of breach of confidence and EU intellectual property law.

Instructed as junior counsel (led by Tom Weisselberg QC) for a high-profile applicant seeking an injunction restraining the defendant from misusing confidential information acquired in working on the applicant’s biography.