Tom Coates

Instructed as sole counsel for the Institute of Chartered Accountants in a 7-day disciplinary hearing 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. 

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 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.

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 (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. Tom appeared as sole advocate for Ryanair in an application for the proceedings to be transferred from Part 8 to Part 7. Ryanair was successful in defending the claim at first instance. Permission to appeal to the Court of Appeal has been granted.

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.

Instructed as sole counsel in the leading domestic authority concerning whether or not air traffic control issues concern extraordinary circumstances so as to provide air carriers with a defence to flight delay compensation claims under Regulation EC 261/2004. The Liverpool County Court determined that air traffic control issues amounted to extraordinary circumstances. 

Instructed as sole counsel for Ryanair in the leading domestic authority on whether or not strikes amount to extraordinary circumstances so as to provide air carriers with a defence to flight delay compensation claims under Regulation EC 261/2004. The Liverpool County Court determined that such strikes did amount to extraordinary circumstances.

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. Tom appeared as sole advocate for Ryanair in an application for the proceedings to be transferred from Part 8 to Part 7. Ryanair was successful in defending the claim at first instance. Permission to appeal to the Court of Appeal has been granted.

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 (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 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 (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. 

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 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. 

Instructed for the claimant in proceedings arising out of a joint venture agreement concerning the provision of online and technological engineering services. 

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 (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 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 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.

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 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.

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. 

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.