Tom Lowenthal

Tom acted for the claimant in the above claim, led by Monica Carss-Frisk KC and Jason Pobjoy KC, challenging the compatibility of the Leasehold and Freehold Reform Act 2024 with the ECHR in both domestic courts and the ECtHR.

Tom acted for the defendant regulator in this Human Rights Act 1998 claim arising from the referral of certain of the claimant’s adverts to the social media platform hosting them (led by Catherine Callaghan KC and Ivan Hare KC).

Tom was instructed to advise an NGO on the application of and duties arising under the Genocide Convention in the context of the conduct of Israeli forces in Gaza.

Tom was instructed (led by Ben Jaffey KC) in this claim brought against the UK Government by a Guantanamo Bay inmate alleging that the UK Government had been complicit in his torture by the US Central Intelligence Agency.

Advising a potential claimant on a proposed judicial review of a decision by a police force to take no further action in respect of allegations of rape.

Tom acted (led by Jessica Boyd KC) for the applicant in this application to the European Court of Human Rights, concerning compatibility with Article 10 ECHR of the recoverability of success fees in defamation actions.

Tom was instructed in this ECtHR application, concerning fair trial guarantees and the presumption of innocence.

Tom was instructed (with Tim Otty KC and Drew Holiner) by the applicant in this application to the ECtHR, arising from various sanctions imposed on a Ukrainian journalist and businessman by Russian courts for comments he made in a television interview criticising Russia’s full-scale invasion of Ukraine.

Tom was instructed (with Tim Otty KC, Charlotte Kilroy KC, Jason Pobjoy KC, and George Molyneaux) by Google in this application to the ECtHR, which related to fines imposed by the Russian courts in respect of videos hosted on the applicants’ YouTube platform.

Tom was instructed as part of a large team on behalf of Tamil individuals claiming asylum, bringing a claim for judicial review of decisions of the Territory Government to reject their asylum claims.

Advising (at bill stage) on the compatibility of the Water (Special Measures) Act 2025 with the ECHR.

Instructed as sole counsel to advise the Government of an Overseas Territory as to the constitutionality of a proposed law. 

Advising an interested party on the ECHR compatibility of the introduction of certain rent controls (Led by Tom de la Mare QC). 

Advising a public body (led by Javan Herberg QC) on the statutory powers which it exercises, and its obligation to act compatibility with Art. 10 ECHR under the Human Rights Act 1998. 

Acted for Privacy International (led by Ben Jaffey QC) in a judicial review claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat.

Advised (led by Shaheed Fatima QC and Gayatri Sarathy) an individual whose family were trapped in Kabul during the fall of the city to the Taliban, and assisted in the making of representations on that individual’s behalf to the FCDO

Acted pro bono (led by Tim Otty QC) for elements of the opposition to a totalitarian regime in a foreign state, advising on international law and sanctions issues. 

Acting (led by Charlotte Kilroy QC and Isabel Buchanan) pro bono in a Human Rights Act claim brought in the Investigatory Powers Tribunal by a woman deceived into a long-term sexual relationship by an undercover police officer. The IPT found for the claimant, holding that there had been a “formidable list of Convention violations” and “disturbing and lamentable failings at the most fundamental levels”, making a substantial award of damages.  

Advising a children's charity in respect of a potential submission to the Information Commissioner, concerning the Age Appropriate Design Code and the use of children's personal data by mobile phone applications. 

Tom has been instructed since early 2022 to act for women deceived into sexual relationships by undercover police officers, led by Charlotte Kilroy KC.

Advising a public authority on the lawfulness of a proposal to publish data on the performance of certain entities within its regulatory domain.

Tom acted for the defendant regulator in this Human Rights Act 1998 claim arising from the referral of certain of the claimant’s adverts to the social media platform hosting them (led by Catherine Callaghan KC and Ivan Hare KC).

Advising on the prohibition on the advertising of less healthy foods.

Tom acted for Ofwat in this judicial review challenging a decision by Ofwat under its price control framework, led by Kieron Beal KC.

Tom acted for the Human Fertilisation and Embryology Authority (led by Ravi Mehta) in this claim seeking declarations that an egg donor could be contacted for the purposes of asking her to participate in genetic testing to assist in the medical treatment of an individual conceived from one of her eggs.

Tom was instructed by the claimant (led by Tom Hickman KC) in this judicial review of the Secretary of State’s decision as to with which representative organisation of the pharmaceutical industry to negotiate price controls.

Tom successful represented the appellant in both the FTT and UT in these proceedings appealing against a deportation decision.

Advising a regulator on the use of AI technology by entities which it regulates.

Tom represented the appellant, the Corporation of Hamilton, in this appeal to the Privy Council challenging as unconstitutional steps taken by the Government of Bermuda (including the proposed abolition of local elections) to curtail the municipality’s independence (led by Sir Jeffrey Jowell KC).

Tom was instructed for TfL in these judicial review and restitution proceedings arising from penalty charge notices issued under the ULEZ scheme to overseas hauliers (led by Ben Jaffey KC).

Tom was instructed to advise an advertiser on an investigation which it was facing from the Advertising Standards Authority.

Tom has been repeatedly instructed to advise a road charging authority on various issues arising under its charging schemes.

Advising on diverse regulatory issues arising from the development of future aviation technologies, as well as the regulatory implications of Brexit for aviation.

Tom was instructed to advise a British Overseas Territory Government on the constitutionality of proposed legislation.

Acted for the ASA, led by Catherine Callaghan QC, successfully resisting an application for permission to bring a judicial review of a ruling that a competitor's advert was not misleading. 

Tom was instructed (led by Iain Steel) for the defendant examination board in these judicial review proceedings challenging findings of malpractice it had made against the claimant.

Tom was instructed to advise an examination board in relation to its duty to make reasonable adjustments for candidates with disabilities.

Tom was instructed to advise a student facing disciplinary measures for Instagram posts made in the context of the war in Gaza.

Tom was instructed to advise a student facing disciplinary measures for alleged sexual misconduct, including advising on an OIA complaint and proposed judicial review and contractual claims.

Tom was instructed to advise a British Overseas Territory Government on the entitlement of British Overseas Territories Citizens to “home fees” at English higher education providers.

Tom represented a school in a disability discrimination claim in the SEND Tribunal arising from the school’s mobile phone policy.

Tom represented a school in a disability discrimination claim in the SEND Tribunal arising from the management of a pupil’s behaviour.

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Acted as sole counsel, advising in respect of a potential judicial review concerning alleged errors in the calculation of their child’s centre assessed grades for the purposes of the award of GCSEs during the Covid-19 pandemic.

Advised a student client and her parents about potential recourse and/or appeal from a decision of their university to require the client to suspend their studies for academic reasons (led by Gemma White QC).

Acted (led by Gemma White QC) for constituent colleges of a Russell Group university, advising on their non-academic disciplinary procedure, with particular focus on their approach to dealing with allegations of sexual misconduct.       

Advising a children's charity in respect of a potential submission to the Information Commissioner, concerning the Age Appropriate Design Code and the use of children's personal data by mobile phone applications. 

Advised pro bono and as sole counsel on the prospects of an Equality Act challenge being brought to a decision to exclude a child, allegedly because of her race. 

Tom was instructed to advise an examination board in relation to its duty to make reasonable adjustments for candidates with disabilities.

Advising on a proposed claim against a service provider for a failure to make reasonable adjustments.

Tom was instructed to advise a service provider on a claim threatened by an individual whose support animal had been refused access to the provider’s premises. He was also asked to advise more generally on the approach which should be taken in such cases.

Tom was instructed by the defendant in this disability discrimination claim arising from a request by the defendant that the claimant wear a mask in its stores during the Covid-19 pandemic. The claim was dismissed.

Tom was instructed by the defendant in this harassment claim arising from comments allegedly made by a delivery driver.

Advising (as sole counsel) a broadcaster on a threatened judicial review and Equality Act claim. 

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Acted (led by Gemma White QC) for constituent colleges of a Russell Group university, advising on their non-academic disciplinary procedure, with particular focus on their approach to dealing with allegations of sexual misconduct.       

Advised pro bono and as sole counsel on the prospects of an Equality Act challenge being brought to a decision to exclude a child, allegedly because of her race. 

Tom was instructed by the NSTA in this complex series of judicial reviews arising from advice given by the NSTA in the context of decommissioning oil assets in the North Sea.

Tom is instructed by a potential NGO claimant in a proposed claim relating to renewable energy resources.

Advising on the legal regime for the testing of vehicle emissions post-Brexit.

Tom is instructed (along with Ravi Mehta) in an ongoing matter relating to marine conservation issues.

Tom was instructed for the claimant in this Human Rights Act 1998 claim arising from the illness and premature death of Ella Adoo-Kissi-Debrah, and which included alleged breaches of Articles 2, 3 and 8 ECHR.

Tom was instructed (along with Ravi Mehta) to advise a public body on the implications of the Ivory Act 2018.

Advising on diverse regulatory issues arising from the development of future aviation technologies, as well as the regulatory implications of Brexit for aviation.

Tom is instructed by the FCA (led by Andrew George QC, Harry Adamson and Ajay Ratan) in regulatory proceedings against certain authorised persons for breaches of COLL rules.

Advising a bank on the consequences of and the merits of any judicial review challenge to a decision of the Financial Ombudsman Service.

Tom was legal advisor (with Simon Pritchard) to an internal disciplinary panel constituted within an exchange to hear allegations of market abuse made against a trader.

Representing (with Ban Jaffey KC) the applicant in a reference to the Upper Tribunal against an FCA Decision Notice.

Advising a financial services business on the application of the Money Laundering Regulations in the face of an investigation from HMRC.

Advising a market on certain aspects of its non-financial misconduct policies.

Advising on “claims management activities” under the Regulated Activities Order.

Representing the FCA (led by Mark Fell KC) in a judicial review claim brought by a firm to challenge the Consumer Credit (Debt Packager Remuneration from Debt Solution Providers) Instrument 2023. Tom appeared unled at the renewed oral permission hearing.

Tom was instructed for the taxpayer, led by Kieron Beal KC, in this application for additional interest under (now-repealed) provisions of the Value Added Tax Act 1994.

Tom was instructed for the taxpayer, led by Kieron Beal KC, in this appeal, which concerned the VAT treatment of the letting of apartments.

Tom was instructed for the taxpayer, led by Kieron Beal KC, in this appeal, which raised issues of the Tribunal’s jurisdiction to determine whether HMRC was bound by an extra-statutory concession, as well as issues of the direction and characterisation of the supply of property management services.

Tom is instructed (led by Sam Grodzinski KC) in an ongoing matter relating to direct and indirect tax issues arising from alleged labour supply fraud.

Tom has been instructed on an ongoing basis to advise a gambling company on its rights under EU law when providing gambling services in multiple member states with differing regulatory regimes. Tom has advised on CJEU preliminary references, as well as engaged with the European Commission.

Tom successfully represented the claimant in these proceedings, which involved a preliminary hearing to determine an objection on grounds of state immunity.

Tom represented (led by Craig Rajgopaul KC) the former CEO of Imagination Technologies in his whistleblowing claim in relation to his high profile dismissal – widely reported in the press - which followed allegations he made relating to national security concerns about a proposed boardroom coup by appointees of the Chinese Government.

Advising on the enforceability of restrictive covenants in a share purchase agreement and contract of employment (led by Nick de Marco KC).

Tom conducted an internal investigation for a financial services firm in relation to allegations that an individual was being bullied by their line manager.

Tom conducted an internal investigation for a financial services firm in relation to allegations that, while on a night out with colleagues, a manager took his direct reports to an inappropriate adult entertainment venue.

Tom was instructed (led by Kate Gallafent KC) to provide advice in relation to an internal investigation conducted by a public body.

Acting (led by Diya Sen Gupta QC) for the claimants in this claim brought by a medical insurance provider against a former employee and his new employer. The claimants allege that the former employee stole away valuable confidential information, and claim against him for breach of contract, breach of confidence, and breach of the database right. The claimants allege against the employer defendant that these breaches of duty were induced by them, and that they, too, are in breach of confidence and breach of the database right. 

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Tom was instructed by the CAA (led by George Peretz KC and Ravi Metha) in relation to an appeal under s. 25 of the Civil Aviation Act 2012, with Heathrow Airport Ltd alleging that the CAA had set the price cap too low, and the airlines alleging that the CAA had set the price cap too high. The CMA held that the CAA was not wrong in most of the decisions that were appealed.

Tom was instructed by Utilita in this appeal against the decision of Ofgem to introduce a common minimum capital requirement for energy suppliers.

Tom was instructed (led by Tom Hickman KC) to advise on a potential appeal to the CMA in connection with the electricity market.

Advising on a dispute which had arisen under a Distribution Agreement between the producer and international distributor of a television show.

Tom acted for the Defendant in this claim seeking declarations, an account, and delivery up of artwork by Banksy alleged to be co-owned with the Claimant.

Acting for the claimant in a claim brought to enforce the rules of a social club registered under the Cooperative and Community Benefit Societies Act 2014, and challenge a purported election of officers of that club. 

Tom (led by Tom Hickman QC) was instructed to draft an opinion in a matter arising from a dispute before the courts in a different European country, where arguments of English law had been raised. The matter involved questions of contract, intellectual property, assignment and priority. 

Advising on an application to strike out commercial proceedings for want of prosecution and/or Jameel abuse.

Acting for the Director of the SFO in defence of a $93m+ claim for alleged misfeasance in public office and inducement of breach of contract/fiduciary duty. The matter was one of The Lawyer's Top 20 Cases for 2021, and there was an 11-week trial in the spring/summer of that year (with Simon Colton QC and others).

Tom has drafted particulars of claim and advised on behalf of a well known-influencer in a dispute arising from unpaid invoices for engaging with certain products on their social media channels. 

Advising a school's unincorporated old members' association about the distribution of assets in accordance with the association's rules. 

Assisting Robert Weekes QC, acting for a judgment creditor in an application for cross-examination of the debtor pursuant to CPR Part 71.

Acted for the defendant in a claim for price and counterclaim for defects arising from the allegedly inadequate repair of a classic car.  

Acted for the claimant as sole counsel in this construction matter. The claimant alleged that it is entitled to certain moneys under an introducer agreement, which the defendant refused to pay over on the ground that there is no such entitlement.