Tom practises in all of chambers’ main practice areas: Public Law and Human Rights, Employment, Professional Discipline and Regulation, Commercial, Sport, Media and Entertainment. He has appeared in practice and during his pupillage before a range of tribunals including the High Court, Court of Appeal, Competition Appeal Tribunal, General Court of the European Union, sports arbitral tribunals, and commercial arbitral tribunals. Tom has appeared as a sole advocate in the High Court, county courts and employment tribunals. In 2015, Tom spent five months on secondment to Ofgem.
Tom has been involved in a wide range of public law cases. In particular, Tom has gained significant experience of regulation in the energy and telecommunications sectors. He has advised and acted for MNOs and other entities in the field of telecommunications. In 2015, he spent five months on secondment to Ofgem. While there, Tom was instructed on and assisted Ofgem with the appeal brought by British Gas against Ofgem’s RIIO-ED1 price control decision for the electricity distribution sector. Since then, Tom has continued to advise Ofgem and private entities in relation to energy regulation matters.
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 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.
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 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.
Instructed (with Tom Richards) to advise certain premium rate service telecommunications companies on a potential dispute reference to Ofcom relating to MNOs’ restrictions on the provision of premium rate services.
Instructed as junior counsel (led by Brian Kennelly QC) to advise private healthcare practitioners on the practical or commercial implications of the CMA’s recent decision following its investigation into the private healthcare market.
Tom has been involved in a wide range of commercial cases both instructed as junior counsel and during pupillage, gaining experience in areas such as fraud and insurance, both in arbitration proceedings and in the High Court. Recently, Tom represented a defendant in the high profile construction industry vetting information litigation and has further represented applicants and respondents in injunction cases and high-profile fraud claims. Tom has further been involved in the litigation brought by the Libyan Investment Authority against Société Générale and in a high value commercial arbitration relating to corporate governance issues.
In addition, Tom is frequently instructed as sole counsel on commercial matters in the county court and High Court. He has represented litigants successfully at numerous county court trials.
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 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 (led by Andrew Hunter QC and Andrew Scott) to advise on and plead a potential class action against a bank under sections 90 and 90A of the Financial Services and Markets Act 2000.
Instructed to act for the tribunal, chaired by Sir David Edward QC, in this ICSID arbitration concerning the alleged expropriation of Longreef’s interest in various coffee producing companies by Venezuela in breach of a bilateral investment treaty.
Instructed as junior counsel (led by Alan Maclean QC) for the defendant to Chancery proceedings concerning misrepresentation and fraud in the sale of a software development business.
Tom has been gained significant experience of competition and EU law matters. He has been involved in a wide range of cases before the High Court, Competition Appeal Tribunal and the General Court of the European Union. His competition experience includes involvement in follow-on damages claims in the High Court (including the Visa litigation) as well competition investigations by the CMA, Ofcom and Ofgem. His general EU law experience includes involvement in Francovich damages claims (such as Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB)), immigration cases (such as Nazia Ahmed v Secretary of State for the Home Department [2014] EWCA Civ 995), judicial reviews raising EU law issues (such as R (Gibraltar Betting and Gambling Association) v Secretary of State for Culture Media and Sport [2015] 1 CMLR 28) and applications to annul Commission and Council decisions. Recently, Tom has undertaken work advising both public authorities and private individuals on the implications of EU sanctions regimes. Tom is a regular contributor to the Blackstone Chamber's Competition Bulletin.
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 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 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 Michael Fordham QC) in advising an energy company in relation to a competition investigation brought by Ofgem.
Instructed as junior counsel (with Tom Richards) in advising telecommunications company in relation to a potential competition investigation to be brought by Ofcom.
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.
Tom has been involved in a range of telecommunications cases, advising and representing MNOs and other entities in the sector on regulatory and other matters.
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 (with Tom Richards) to advise certain premium rate service telecommunications companies on a potential dispute reference to Ofcom relating to MNOs’ restrictions on the provision of premium rate services.
Instructed as junior counsel (with Tom Richards) to advise a mobile network operator on various issues arising out of a preliminary Ofcom investigation into possible breach of a general licence condition.
Tom has been instructed in a range of cases, both contentious and non-contentious in the field of media, entertainment and technology. His experience includes commercial disputes concerning licensing agreements, agency, and copyright, as well as regulatory matters. Tom is further well-versed in legal issues arising in the field of art, cultural property and luxury goods, including: export licensing; artists' resale rights; copyright; title issues; mis-attribution; and spoliation. He successfully assisted Nick De Marco for the third defendant in the QBD trial of Ecclestone v Khyami [2014] EWHC 29 (QB), a claim by Tamara Ecclestone for the unlawful conversion of a Lamborghini Aventador. He is a member of the Institute of Art and Law.
Instructed for the claimant in proceedings arising out of a joint venture agreement concerning the provision of online and technological engineering services.
Instructed (with James Segan) for the Defendant to Commercial Court proceedings alleging breaches of licensing and distribution agreements in relation to intellectual property.
Instructed (with Tom Richards) to advise telecommunications companies providing premium rate services on mobile platforms in relation to restrictions on their ability to provide content. The case raised regulatory issues (involving dispute references to Ofcom) as well as potential competition infringements by mobile network operators.
Instructed as junior counsel (led by Robert Anderson QC) in anticipated High Court proceedings brought be a former member of a major punk band for revenues due to him from the other members of the band under a licensing agreement.
Instructed as junior counsel (led by Tom Weisselberg QC) by a high profile businessman and media personality in an application to restrain the publication of confidential information which the respondent had acquired when drafting the applicant's biography.
Instructed as junior counsel (led by Alan Maclean QC) for the defendant to Chancery proceedings concerning misrepresentation and fraud in the sale of a software development business.
Tom has gained a wide experience of sports cases before a variety of tribunals. He has been involved in disputes between sports clubs and owners, cases before sports disciplinary panels, and further disputes between clubs and regulators. Recently, he successfully represented an football agent applying to stay High Court proceedings in favour of arbitration.
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.
Tom has been involved in a wide range of human rights cases in practice. In addition to the cases listed below, Tom has been involved in litigation in the Court of Appeal concerning whether or not the Secretary of State for Defence had complied with its procedural duty under Articles 2 and 3 ECHR in investigating extra-judicial deaths in Afghanistan.
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.
Tom has gained significant experience of fraud cases and others involving claims for injunctive relief. He has represented both applicants and respondents to injunction applications and was recently involved in a high profile fraud claim involving a world-wide freezing order with a value of US$160m.
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 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.
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 as junior counsel (led by Alan Maclean QC) for the defendant to Chancery proceedings concerning misrepresentation and fraud in the sale of a software development business.
Tom has been involved in a wide range of public international law cases, in particular those raising issues of state and diplomatic immunity. In addition to the cases listed below, Tom assisted Lord Pannick QC and Shaheed Fatima QC in Harb v Aziz [2014] EWHC 1807 (Ch), a case raising issues of whether or not the agent of a Head of State can benefit from immunity and whether or not a Head of State’s immunity endures following his death. Tom has further advised on state immunity issues relating to human rights and other claims brought directly against officials of foreign states.
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 to act for the tribunal, chaired by Sir David Edward QC, in this ICSID arbitration concerning the alleged expropriation of Longreef’s interest in various coffee producing companies by Venezuela in breach of a bilateral investment treaty.
Tom has acted in a wide range of employment cases, and is frequently instructed as sole counsel to advise clients and appear in employment tribunals. He has worked for both claimants and respondents on issues relating to unfair dismissal, discrimination, redundancy, wages claims, and disputes concerning parental leave. He also has represented parties in employee competition and injunctive proceedings.
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 the present. 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 to represent the claimant in a three-day constructive dismissal claim in the employment tribunal.
Instructed to represent the respondent in a race discrimination claim in the employment tribunal.
Instructed to represent the defendants to employee competition and breach of covenant claims.
Classics (BA Hons, Oxon): First Class (fifth in year); Graduate Diploma in Law (City): Distinction; BPTC (Kaplan): Outstanding.
Prior to joining Chambers, Tom worked in the office of capital defence attorney in Houston, Texas, assisting clients facing the death penalty. While in Texas, Tom observed and participated in a full capital murder trial, in which his client escaped the death penalty.
Before coming to the Bar, Tom worked as a Classics teacher of students aged thirteen to eighteen at Westminster School.
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