Tom Hickman is recognised as a leading barrister across a range of practice areas spanning Commercial, Media, Entertainment and Sport, EU law, Public Law and Regulatory Law, Procurement, Civil Liberties and Human Rights, Energy and Public International Law. He was appointed Queen's Counsel in 2019. 

Tom was named in the country's "Hot 100" lawyers by The Lawyer magazine in 2017. 

As a junior barrister Tom was ranked by the Chambers and Partners guide in five practice areas and as the “Star Practitioner” in two. Tom was awarded Public Law Junior of the Year in 2019 by the Legal 500 and Public Law and Human Rights Junior of the Year in 2017 by Chambers and Partners. 

Tom is Standing Counsel to the Investigatory Powers Commissioner's Office (IPCO) which regulates the use of surveillance powers by law enforcement and intelligence agencies in the UK. 

Tom litigates in a wide variety of courts and tribunals including the Commercial Court, Chancery Division, IPEC, Administrative Court, the Court of Arbitration for Sport, sports and professional disciplinary panels, the Special Immigration Appeals Commission, CJEU and the European Court of Human Rights. He has particular experience at appellate levels, and has appeared in more than a dozen cases before the House of Lords/Supreme Court. 

Tom was formerly a members of the Attorney General's A Panel, carrying out both public law and commercial work for the Government until he took silk. 

In 2016-7, Tom was at the center of R (Miller) v Secretary of State for Exiting the European Union, as junior Counsel for Gina Miller. 

Tom represented Gina Miller for a second time, again as junior to Lord Pannick QC, in her challenge to the prorogation of Parliament (Miller v Prime Minister, Prime Minister v Cherry, 2019). The Miller cases are the only cases to have been decided by a panel of 11 Justices of the Supreme Court.  

Tom is also a Reader in Law and member of the Law Faculty at University College London and regularly publishes, blogs and tweets on legal issues. 


Experience

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Commercial

Tom acts in general commercial disputes often having a connection to media, sport or entertainment or in complex cases that have a public law, international law or human rights angle. For example, Carey Group Plc v AIB Group (UK Ltd) [2012] Ch 304 concerned the compulsory acquisition of secured lending facilities in the UK by the Irish National Asset Management Agency, pursuant to Irish legislation. In Snoras Bank v Antonov [2013] EWHC 131 (Comm Ct) Tom acted for Vladimir Antonov, the former owner of a Lithuanian Bank in a substantial freezing injunction and civil fraud claim raising issues about the right against self incrimination in foreign criminal courts and in extradition proceedings.

Tom is currently acting in Sky plc v SkyKick UK Ltd, a trade mark case currently the subject of a reference to the CJEU.  

Cases

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Public & Regulatory

As a junior Counsel Tom was recognised by Chambers & Partners UK as the “Star Individual” in Administrative & Public Law. 

Tom regularly appears in the Administrative Court in the most difficult public law cases.

Tom also conducts public law litigation abroad, subject to local requirements. For instance he has conducted two major commercial judicial reviews in the Turks and Caicos Islands, under Order 53 procedure concerning the regulation of private activities in the airport. The first of these led to the important judgment in Flight Support Ltd v The Turks and Caicos Islands Airport Authority in which the Court held that the TCI Airports Authority had no power to enter a joint venture with a multinational ground handling company. 

Tom represented Gina Miller in the Article 50 challenge in 2016/17 and in the prorogation challenge in 2019, led by Lord Pannick QC.

Clients include the Advertising Standards Authority, Manchester City Council, the General Dental Council, Ofcom, Ofgem, the Institute of Chartered Accountants and Shell.  

Tom is author of a leading book on public law (Public Law After the Human Rights Act (Hart 2010)) and has written extensively in and blogs journals in the UK and abroad on public law.  He teaches and examines public law at UCL.

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Media & Entertainment

Tom represents clients in particular in royalty, copyright, trade mark and passing off disputes and has acted in a number of trials and mediations in the media and entertainment sector.  

Tom regularly advises the BBC on copyright and contractual matters, including disputes with presenters, copyright issues and broadcasting rights. 

Tom acted for Ali Campbell, "Mickey" and "Astro" in a long-running band dispute over the name UB40 (Campbell v Campbell). 

In one of his first cases, Tom acted for the two authors of the original music to Thomas the Tank Engine and Friends in a claim to recover substantial historic royalties (Campbell v Hit Plc). He acted for Rive Droit Music in the well-known copyright dispute  culminating in Crosstown v Rive Droit Music Ltd [2012] Ch. 68 and for the former manager of the Bay City Rollers in another royalties dispute (Wainman v Arista Records). More recently, he has acted for the prog-Rock and classical musician Rick Wakeman in a claim to rescind a contract of copyright assignment (Wakeman v Imagem Songs & BMG) and for MC Harvey in a breach of privacy claim brought by Cheryl Cole (Cole v IPC Media & MC Harvey). 

Other clients have included: Paul McCartney's publishing company (copyright dispute), Status Quo (passing-off dispute), INXS (publishing dispute), Oxford University Press (journal ownership dispute), Sony (Copyright), Mark Morrison (police harassment), Knife Party/Pendulum (copyright), Jamiroquai (royalties), Penguin books (various).

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Sport

Tom’s sports law practice complements his work in the media and entertainment field and he often acts in commercial contract matters and intellectual property rights disputes. 

In his first case in the area Tom acted for Liverpool FC in a shirt sponsorship dispute with Reebok in the Commercial Court. He has since acted for many Clubs, sports bodies and professional athletes.

Tom acted an independent reviewer of prosecutions for UK Anti-Doping.

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EU & Competition

Tom has a varied experience of representing clients in disputes concerning EU law. For example:  

Tom was counsel for Gina Miller in the case of R (Miller) v Secretary of State for Exiting the European Union, concerning Article 50 of the TEU.  

He represented the Law Society in the Grand Chamber of the CJEU in the Joined Cases Tele 2, and Watson v Secretary of State, concerning bulk communications data acquisition and the scope of the E-Privacy Directive. 

Tom recently acted for SkyKick in the CJEU in a case concerning the bad faith defence under the EU Trade Mark Regulations (SkyKick v Sky). 

As a member of the Attorney General’s A Panel Tom frequently advised the Government on EU law issues. As Standing Counsel to the Investigatory Powers Commission, Tom advises on surveillance-related EU law matters. 

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Procurement

Tom has advised as sole and junior counsel on a wide range of procurement and related cases. He advised the Department for Work and Pensions in a major dispute concerning the procurement of funding arrangements.  He also acted for Leyton Orient FC in Leyton Orient FC v London Legacy Development Corporation, a challenge to the re-tender process for the rights to use the Olympic Stadium.  

Tom represented a multi-national casino operating company in Great Eastern Quays Casino Ltd & Ors v Newham London Borough Council, concerning a super-Casino licence dispute and a consortium of banks in advice on the Eurotunnel Concession Agreement. 

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Energy

Tom has acted in a number of oil and gas matters, including in relation to procurement, sanctions, "contracts for difference" and licensing. 

For example, Tom has advised Scottish Hydro Electric and others in the energy sector on various procurement and licensing related matters, including in relation to offshore energy generation.  

He was instructed by Oil and Gas UK on “contracts for difference” applicable to continental shelf activities which represented a major policy change in the North Sea energy sector.

He has been instructed by IPIECA (Global Oil and Gas Industry Association) on Iran and Russia sanctions-related issues.

Tom provided advice to major extraction company on seismic data disclosure requirements under petroleum production licences. Instructed by multi-national oil company transparency provisions of the 2013 Transparency Directive and Accounting Directives applicable to extraction companies.

Tom recently acted for a major interconnector company on Interconnector contract arrangements.

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Civil Liberties & Human Rights

Tom’s practice encompasses the full spectrum of human rights cases, ranging from class actions against governments and multinational companies, to trafficking cases, to terrorism trials in civil actions. He is co-author of leading texts on human rights (Beatson, Grosz, Hickman, Singh, Human Rights: Judicial Protection in the UK (Sweet & Mazwell 2008) and Hickman, Public Law After  the Human Rights Act (Hart 2010)) and regularly publishes blogs and articles on the topic.  

Tom represented a number of victims of extraordinary rendition and torture, all former detainees held at Guantanamo Bay, in damages claims against the Intelligence Services and other Government agencies for complicity with US authorities (Al-Rawi & Ors v Security Service & ors (2008 - 10). The case was unique in scale and involved numerous complex hearings relating to document retention, disclosure and PII (including Al-Rawi [2009] EWHC 2959 (QB)). He represented the claimants from the inception of the claims to their conclusion by mediation in Autumn 2010. The case was the subject of a statement to Parliament by the Prime Minister (Hansard, HC 6/07/10 col. 175) and subsequently by the Lord Chancellor (Hansard, HC 16/11/10 col.752). 

In Guerrero & 30 Ors, v Monterrico Metals Plc [2010] EWHC 3228 (QB) Tom represented thirty-one Peruvian campesinos who claimed to have been unlawfully detained and seriously abused during a protest against one of the world’s largest mining concessions in Peru owned by a UK multinational. Tom represented the claimants over two years and in a number of pre-trial hearings (including one reported judgment on amendments to particulars of claim). The claim, brought under Peruvian law, was settled in 2011.

He has acted in leading cases in Strasbourg, such as Hassan v United Kingdom (Grand Chamber) and (Watson v SSHD, Grand Chamber). He acted in the case of Cyprus v Turkey (remedies, Grand Chamber) which required the Turkish Government to pay the larges ever just satisfaction award for the damage suffered by the enclaved residents of the Karpas peninsula arising out of the military activities northern Cyprus in 1974 and territorial division of the country. The case was described by two of the Judges "as the most important contribution to peace in Europe in the history of the Court of Human Rights".

 Tom has a particular expertise in the area of national security law. He has acted in numerous leading cases in the context of terrorism and torture, including Binyam Mohamed in Binyam Mohamed v SSFCA [2010] EWCA Civ 65 & 158, [2010] QB 218, AF in AF (No 3) v SSHD [2009] UKHL 28, [2010] 2 AC 269 and in Al-Jedda v Home Secretary [2013] UKSC 62, [2014] AC 253. He has extensive experience in asset freezing, TPIM and control order proceedings involved closed material procedure. 

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Public International Law

Tom  has appeared in most of the recent leading cases on state and diplomatic immunity: HarbFF, Estrada JuffaliAl-AttiyahReyes v Al-Malki, Freedom and Justice Party.  The Freedom and Justice Party case is a leading authority on the incorporation of customary international law into the common law. 

Tom has advised  governments on the interpretation of international agreements and was Counsel in R (Bashir) v Secretary of State for the Home Department, concerning treaty interpretation and the effect of treaty extension under colonial clauses.   

Tom acted for the applicant in Hassan v United Kingdom (Grand Chamber) the leading case globally on the relationship between International Humanitarian law and human rights treaties.

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Achievements

Education

MA (Cambridge), First Class; LLM Hons (Toronto); PhD (Cambridge)

Prizes & Scholarships

Tom was awarded The Sutherland Prize for Legal History by the American Society for Legal History in October 2016. The prize was awarded for his chapter on Entinck v Carrington published in a book of essays celebrating the 250th centenary of that case in 2015. 

Tom was awarded the Cambridge University prizes for Contract law, for Equity and for Jurisprudence and the University of Toronto Prize for overall Outstanding Performance in the LLM. Tom has been awarded a number of other prizes and scholarships including a Fulbright Scholarship and a Faculty of Fellowship at the University of Toronto. 

Publications

Books 

Tom's book, Public Law After the Human Rights Act (2010) was awarded the prestigious Inner Temple Book Prize (new author) for 2008-2011: “an astonishingly mature, thoughtful and original discussion” (Baroness Hale); “always thoughtful and thought-provoking” (Lord Collins); "an admirable piece of work" (Sir Stephen Sedley). 

Tom is also co-author of Human Rights: Judicial Protection in the United Kingdom (Sweet & Maxwell 2008). 

Law Journal Publications

(Selection only. For a full list, please visit Tom’s UCL Law Faculty webpage)

  • ‘Too Hot, Too Cold or Just Right? The development of the Public Sector Equality Duties in Administrative Law‘ [2013] Public Law 325 
  • ‘Beano no more: The EU Charter of Rights after Lisbon’ [2011] Judicial Review 113 (with K. Beal)
  • ‘Problems for Proportionality’ [2011] New Zealand Law Journal 303

Other Publications (selection only)

Blog posts, case notes and short pieces

  • 'Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role' (with N. Barber and J. King) UK Constitutional Law Blog (27th Jun 2016)
  • “The Investigatory Powers Bill: What’s Hot and What’s Not?” UK Constitutional Law Blog (11 Dec 2015)
  • “Success in Judicial Review: The Current Position” (with M. Sunkin) UK Constitutional Law Blog (20 Mar 2015)
  • “ISIS, Passports and Magna Carta: New National Security Powers raise complex issues” UK Constitutional Law Blog (9 Oct 2014)
  • ‘Further Concerns About the DRIP Bill’ UK Constitutional Law Blog (16 July 2014)
  • ‘Plugging Gaps in Surveillance Laws or Authorising the Unlawful?’ UK Constitutional Law Blog (14 July 2014)
  • ‘Loading the Dice in Judicial Review: the Criminal Justice and Courts Bill 2014’ (with Ben Jaffey) UK Constitutional Law Blog (6 Feb 2014)

Memberships 

ALBA, COMBAR, LIBERTY and Amnesty International. 

News

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