“A first-class junior with commercial savviness far beyond his years.”
Chambers UK, 2016
“He is highly intelligent and his speed of thought is incredible”
Legal 500, 2016
“Excellent in his written submissions, and willing to challenge more senior counterparts during advocacy”
Legal 500, 2016
Tom has a broad practice across Chambers’ core areas of work, both as sole and as junior counsel. He is an experienced trial and appellate advocate, having argued cases before a wide range of courts and tribunals, including the Commercial Court, Competition Appeal Tribunal and Privy Council.
Tom has acted in several of the major commercial fraud cases of recent years. He also has experience of actions to recover the proceeds of crime, public inquiries into corruption, and constitutional and adminstrative law aspects of criminal defence work.
Junior counsel for one of the Defendants to a $1.5 billion lawsuit alleging fraud, intimidation and bribery in connection with transactions entered into by Libya’s sovereign wealth fund under the Gaddafi regime.
Tom, led by Robert Anderson QC, acted for the liquidators of Weavering Capital (UK) in a c. $500 million action against its former directors and in a subsequent appeal and proceedings for the taking of an account. The claims arose in connection with the collapse of the Weavering Hedge Fund and included claims in deceit / misrepresentation, breach of fiduciary duty and negligence.
Junior counsel for SOCA (now the National Crime Agency) in an action for the civil recovery of c. $6 million constituting the proceeds of crime and in a subsequent appeal to the court of Appeal.
Junior counsel for the liquidators of Bernard Madoff’s former London company in the six-week Commercial Court trial of the company’s claim for breach of directors’ duty, dishonest assistance, knowing receipt, restitution and recovery of trust property. Tom has also been involved in various other pieces of litigation to recover the US$50 billion lost under Madoff’s Ponzi scheme, in a retainer involving multi-jurisdictional disputes covering issues of EU law, cross-border insolvency, US bankruptcy law, tracing claims and trusts law. The issues in the case included shareholder ratification and the application of the ex turpi causa doctrine in the context of claims by companies.
Tom acts for individuals, companies and governments in civil liberties and human rights cases, including judicial review claims, applications to Strasbourg and private law actions against the police, Home Office and other public authorities. Tom’s practice in this area has included appearances before the European Court of Human Rights, Privy Council, Court of Appeal and Administrative Court. For his specific experience of damages claims against the State, please see under that heading below.
Acting for the appellants in malicious prosecution appeals arising out of discontinued criminal charges against them of murder and kidnapping.
Acting for the Attorney General of Trinidad and Tobago in a malicious prosecution appeal in the Privy Council.
Acting for claimants in a leading A1P1 damages claim concerning the Government’s changes to the Solar Feed In Tariff subsidy scheme.
Acted for Mr Bevan (a claimant) in appeals concerning the sanctioning of jobseekers allowance claimants under “back to work” schemes – as sole counsel before the Upper Tribunal and then with a leader in the Court of Appeal. Issues in the case included whether the retrospective validation of the sanctioning scheme is contrary to the ECHR, and the requirements of common law fairness in the context of the schemes.
Sole counsel for the Secretary of State in this immigration appeal concerning the construction and application of section 85 of the Nationality, Immigration and Asylum Act 2002.
Acted for the Attorney General of Trinidad and Tobago in a Privy Council appeal concerning the retrospective removal by Act of Parliament of a limitation period for criminal offences, which was said by the Appellants to involve a violation of the principle of separation of powers and to infringe their constitutional rights.
Acted for the Attorney General of Trinidad and Tobago in an appeal concerning a damages claim for false imprisonment and malicious prosecution.
Tom is a commercial litigator experienced in working both as sole counsel and as a member of a large legal team. For his specific experience of civil fraud, media and entertainment, sport and telecommunications work please see the relevant headings above and below.
Counsel for the claimant in a claim for copyright infringement and fees due in connection with a software licensing transaction.
Junior counsel for one of the Defendants to a $1.5 billion lawsuit alleging fraud, intimidation and bribery in connection with transactions entered into by Libya’s sovereign wealth fund under the Gaddafi regime.
Acted for the claimant in a contractual dispute forming part of complex litigation concerning control of multi-billion euro real property in Spain.
Junior counsel for Saatchi Online, an online art company, in litigation brought against it by one of its former shareholders, Charles Saatchi, in connection with the alleged termination of an intellectual property licence to use the “Saatchi” name. The case settled after the hearing of Saatchi Online’s summary judgment application.
Tom, led by Robert Anderson QC, acted for the liquidators of Weavering Capital (UK) in a c. $500 million action against its former directors and in a subsequent appeal and proceedings for the taking of an account. The claims arose in connection with the collapse of the Weavering Hedge Fund and included claims in deceit / misrepresentation, breach of fiduciary duty and negligence.
Junior counsel for SOCA (now the National Crime Agency) in an action for the civil recovery of c. $6 million constituting the proceeds of crime and in a subsequent appeal to the court of Appeal.
Junior counsel for a respondent to a claim involving allegations of conspiracy and breach of Article 101 TFEU.
Junior counsel for the liquidators of Bernard Madoff’s former London company in the six-week Commercial Court trial of the company’s claim for breach of directors’ duty, dishonest assistance, knowing receipt, restitution and recovery of trust property. Tom has also been involved in various other pieces of litigation to recover the US$50 billion lost under Madoff’s Ponzi scheme, in a retainer involving multi-jurisdictional disputes covering issues of EU law, cross-border insolvency, US bankruptcy law, tracing claims and trusts law. The issues in the case included shareholder ratification and the application of the ex turpi causa doctrine in the context of claims by companies.
Sole counsel for the Claimant in a six-day Commercial Court trial concerning a claim for fees and costs in connection with the failure of the reverse takeover of an AIM-listed public limited company. The issues included the applicability to the Claimant’s claim of the statutory prohibition on financial assistance.
Tom’s practice across commercial, human rights, EU and public law has seen him acting for or advising both claimants and defendants in a wide range of damages claims against governments and public authorities, including under section 8 of the Human Rights Act 1998, on Francovich principles, and in private law (e.g. in contract, misfeasance in public office, malicious prosecution, false imprisonment and breach of fiduciary duty).
Acting for the appellants in malicious prosecution appeals arising out of discontinued criminal charges against them of murder and kidnapping.
Acting for Delta Petroleum in a Privy Council appeal and cross-appeal concerning the lawfulness of a seizure of fuel by the BVI Customs Commissioner and a claim by Delta for damages.
Acting for the appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.
Acting for the Attorney General of Trinidad and Tobago in a malicious prosecution appeal in the Privy Council.
Acting for claimants in a leading A1P1 damages claim concerning the Government’s changes to the Solar Feed In Tariff subsidy scheme.
Acted for the Attorney General of Trinidad and Tobago in an appeal concerning a damages claim for false imprisonment and malicious prosecution.
Tom’s employment practice has a focus on claims raising issues of EU law, but he accepts instructions for both claimants and respondents in all areas of employment law. Tom co-wrote the age discrimination chapter in Tolley’s Discrimination in Employment Handbook and was a member of the CBI’s working party on holiday pay.
“A genuine rising star with a mega-brain.”
Legal 500, 2015
“He is highly intelligent and his speed of thought is incredible”
Legal 500, 2016
Acting in four different sets of multi-claimant Employment Tribunal proceedings for alleged underpayment of holiday pay.
Acted for the Respondent in a multi-claimant claim for underpayment of EU holiday pay.
Acting for the Respondent (the state broadcasting company of Trinidad and Tobago) resisting an application for permission to appeal to the Privy Council by the Respondent’s former chief executive officer in an employment dispute arising from the termination of her employment contract following a new government coming to power in Trinidad and Tobago in 2010.
Led by Dinah Rose QC, Tom Richards acted for Amec in this leading case on holiday pay, arguing questions of EU and domestic statutory interpretation before the EAT.
EU and competition law feature in a wide range of contexts across Tom’s practice and he has appeared in EU law cases from the Employment Tribunals to the CJEU. For Tom’s specific EU law experience in the sectors of employment, intellectual property, sport and telecommunications please see above and below under the relevant headings.
Acting for Telefónica in a challenge by EE to Ofcom’s decision on Annual Licence Fees.
Junior counsel for the Claimant in judicial review proceedings involving the effect of the Medical Devices Directive.
Acted for the Respondent in a multi-claimant claim for underpayment of EU holiday pay.
Junior counsel for the AFA in a complaint to the European Commission challenging FIFA’s proposed new regulations for football agents on the ground that the 3% remuneration cap they contain infringes EU competition law.
Acted for members of the criminal Bar in their challenge to the legality of the Legal Services Board’s adoption of the Quality Assurance Scheme for Advocates. The Supreme Court’s decision is considered a key judgment on intensity of judicial review in an EU law proportionality context.
Junior counsel for the intervener, the Incorporated Society of Musicians, supporting the Claimants’ successful challenge to regulations exempting private copying from the scope of copyright protection. The case involved questions of the intensity of review in an EU proportionality context, the harmonised EU copyright regime and State aid law.
Led by Dinah Rose QC, Tom Richards acted for Amec in this leading case on holiday pay, arguing questions of EU and domestic statutory interpretation before the EAT.
Junior counsel for a respondent to a claim involving allegations of conspiracy and breach of Article 101 TFEU.
Junior counsel for Leyton Orient in an EU and domestic law challenge to the procurement process for the award to West Ham of a concession to use Olympic Stadium. Tom also acted in an earlier judicial review challenge concerning the Stadium award in 2011 and in related arbitration proceedings under FA Rule K.
Appeared as sole counsel for Telefónica in a CAT appeal against a determination by Ofcom concerning “flip-flopping” of termination rates by H3G and Vodafone.
Junior counsel for London Welsh in its appeal against its non-promotion to the Premiership, establishing that the rules which had been applied to prevent the club’s promotion were void for breach of competition law.
Acted for the Secretary of State in an Upper Tribunal appeal concerning the effect of the CJEU’s judgment in C-537/09 Bartlett & Ors.
Tom’s intellectual property practice has its focus on soft IP. He has experience of copyright (including issues of Crown copyright, digital royalties and streaming, film rights, literary adaptation, online infringement and music royalties), design right, passing off, trademarks and confidential information; and he is particularly interested in the nexus between intellectual property and EU law (a subject on which he has lectured and has been interviewed by the BBC).
Acting for the defendants in a trade mark infringement claim involving alleged “grey market” goods.
Counsel for the claimant in a claim for copyright infringement and fees due in connection with a software licensing transaction.
Junior counsel for for the defendant record company in a claim for alleged underpayment of digital royalties brought by members of the band Radiohead.
Junior counsel for the defendant record company in a claim for alleged underpayment of digital royalties brought by members of the band Marillion.
Junior counsel for the intervener, the Incorporated Society of Musicians, supporting the Claimants’ successful challenge to regulations exempting private copying from the scope of copyright protection. The case involved questions of the intensity of review in an EU proportionality context, the harmonised EU copyright regime and State aid law.
Junior counsel for Saatchi Online, an online art company, in litigation brought against it by one of its former shareholders, Charles Saatchi, in connection with the alleged termination of an intellectual property licence to use the “Saatchi” name. The case settled after the hearing of Saatchi Online’s summary judgment application.
Junior counsel for the claimants in a series of actions by the record industry under s. 97A CDPA 1998, requiring ISPs to block access to The Pirate Bay and other websites used for online copyright infringement.
Tom is ranked as a media and entertainment law junior by both leading directories.
“He is intellectual yet commercial and a pleasure to work with.”
Chambers UK, 2016
“His maturity in approaching the case and his analysis were at the high level you'd expect from a Blackstone barrister.”
Chambers UK, 2016
“A very impressive, highly responsive junior with excellent attention to detail.”
Legal 500, 2015
“Able to turn his mind to matters which are straightforward as well as complex”
Legal 500, 2016
“He is very nice to work with, very receptive and clear in his analysis”
Chambers UK, 2017
Junior counsel for for the defendant record company in a claim for alleged underpayment of digital royalties brought by members of the band Radiohead.
Junior counsel for the defendant record company in a claim for alleged underpayment of digital royalties brought by members of the band Marillion.
Junior counsel for Saatchi Online, an online art company, in litigation brought against it by one of its former shareholders, Charles Saatchi, in connection with the alleged termination of an intellectual property licence to use the “Saatchi” name. The case settled after the hearing of Saatchi Online’s summary judgment application.
Junior counsel for the claimants in a series of actions by the record industry under s. 97A CDPA 1998, requiring ISPs to block access to The Pirate Bay and other websites used for online copyright infringement.
Junior counsel for the Defendant firm of literary agents in a claim concerning a 60-year old assignment of copyright and a BBC production of John Braine’s classic novel Room at the Top. The matter settled shortly before trial.
Tom has a particular interest in the constitutional law of the Anglophone Caribbean but his practice includes commercial as well as public law work. He has appeared before the Judicial Committee of the Privy Council in more than 10 appeals, in several of which he has had conduct of the advocacy.
In April 2016 Tom was called as a permanent member of the Bar of Trinidad & Tobago.
Acting for the appellants in malicious prosecution appeals arising out of discontinued criminal charges against them of murder and kidnapping.
Acting for Delta Petroleum in a Privy Council appeal and cross-appeal concerning the lawfulness of a seizure of fuel by the BVI Customs Commissioner and a claim by Delta for damages.
Acting for the appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.
Acting for the Attorney General of Trinidad and Tobago in a malicious prosecution appeal in the Privy Council.
Acted for the Attorney General of Trinidad and Tobago in a Privy Council appeal concerning the retrospective removal by Act of Parliament of a limitation period for criminal offences, which was said by the Appellants to involve a violation of the principle of separation of powers and to infringe their constitutional rights.
Acted for the State of Trinidad and Tobago in a public law appeal concerning the jurisdiction of a commission established to award compensation to police officers and other members of the protective services injured in the line of duty.
Acted for the State of Trinidad and Tobago in an appeal concerning alleged unconstitutional discrimination against members of the Special Reserve Police force.
Acting for the Respondent (the state broadcasting company of Trinidad and Tobago) resisting an application for permission to appeal to the Privy Council by the Respondent’s former chief executive officer in an employment dispute arising from the termination of her employment contract following a new government coming to power in Trinidad and Tobago in 2010.
Acted for the Appellant in a public law appeal before the Privy Council concerning promotions in the police and public service of Trinidad and Tobago.
Acted for the Attorney General of Trinidad and Tobago in an appeal concerning a damages claim for false imprisonment and malicious prosecution.
Acted for the Appellant in a public law appeal before the Privy Council concerning promotions in the police and public service of Trinidad and Tobago.
Acted for the State of Trinidad and Tobago before the Privy Council in an urgent bias challenge to a High Court Judge of Trinidad and Tobago hearing a constitutional claim against the State in relation to a politically and environmentally controversial highway extension project.
Appeared before the Privy Council as an advocate for the Appellant in an appeal concerning promotions in the Prison Service of Trinidad and Tobago.
Tom is recommended as a public law junior by Chambers & Partners 2016 and has appeared as an advocate in public and regulatory law cases in the Upper Tribunal, Administrative Court, Competition Appeal Tribunal, Court of Appeal and Privy Council. His clients include individuals (particularly in the fields of asylum and social security), corporations, governments and other public bodies.
“He is incredibly intelligent, really strong on judicial review and his written work and organisational skills are fantastic.”
Chambers UK, 2016
“He is extremely nice to work with, clever, good value for money and very on the ball.”
Chambers UK, 2016
“Amazingly talented and a pleasure to work with”
Legal 500, 2016
“Very good drafting and legal analysis”
Chambers UK, 2017
Acting for Delta Petroleum in a Privy Council appeal and cross-appeal concerning the lawfulness of a seizure of fuel by the BVI Customs Commissioner and a claim by Delta for damages.
Acting for the appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.
Acting for claimants in a leading A1P1 damages claim concerning the Government’s changes to the Solar Feed In Tariff subsidy scheme.
Acting for Telefónica in a challenge by EE to Ofcom’s decision on Annual Licence Fees.
Acted for Mr Bevan (a claimant) in appeals concerning the sanctioning of jobseekers allowance claimants under “back to work” schemes – as sole counsel before the Upper Tribunal and then with a leader in the Court of Appeal. Issues in the case included whether the retrospective validation of the sanctioning scheme is contrary to the ECHR, and the requirements of common law fairness in the context of the schemes.
Junior counsel for the Claimant in judicial review proceedings involving the effect of the Medical Devices Directive.
Sole counsel for the Secretary of State in this immigration appeal concerning the construction and application of section 85 of the Nationality, Immigration and Asylum Act 2002.
Acted for HMRC resisting a renewed application for permission to claim judicial review of HMRC’s refusal to give a refund in respect of levies made under the UK/Swiss Agreement on tax co-operation.
Acted for the Attorney General of Trinidad and Tobago in a Privy Council appeal concerning the retrospective removal by Act of Parliament of a limitation period for criminal offences, which was said by the Appellants to involve a violation of the principle of separation of powers and to infringe their constitutional rights.
Acted for members of the criminal Bar in their challenge to the legality of the Legal Services Board’s adoption of the Quality Assurance Scheme for Advocates. The Supreme Court’s decision is considered a key judgment on intensity of judicial review in an EU law proportionality context.
Junior counsel for the intervener, the Incorporated Society of Musicians, supporting the Claimants’ successful challenge to regulations exempting private copying from the scope of copyright protection. The case involved questions of the intensity of review in an EU proportionality context, the harmonised EU copyright regime and State aid law.
Acted for the State of Trinidad and Tobago in a public law appeal concerning the jurisdiction of a commission established to award compensation to police officers and other members of the protective services injured in the line of duty.
Acted for the State of Trinidad and Tobago in an appeal concerning alleged unconstitutional discrimination against members of the Special Reserve Police force.
Acted for the Appellant in a public law appeal before the Privy Council concerning promotions in the police and public service of Trinidad and Tobago.
Acted for the Appellant in a public law appeal before the Privy Council concerning promotions in the police and public service of Trinidad and Tobago.
Acted for the State of Trinidad and Tobago before the Privy Council in an urgent bias challenge to a High Court Judge of Trinidad and Tobago hearing a constitutional claim against the State in relation to a politically and environmentally controversial highway extension project.
Junior counsel for Leyton Orient in an EU and domestic law challenge to the procurement process for the award to West Ham of a concession to use Olympic Stadium. Tom also acted in an earlier judicial review challenge concerning the Stadium award in 2011 and in related arbitration proceedings under FA Rule K.
Acted for Playboy in regulatory proceedings brought by Ofcom as co-regulator of On Demand Programme Services.
Appeared as sole counsel for Telefónica in a CAT appeal against a determination by Ofcom concerning “flip-flopping” of termination rates by H3G and Vodafone.
Appeared before the Privy Council as an advocate for the Appellant in an appeal concerning promotions in the Prison Service of Trinidad and Tobago.
Tom is recommended as a sports law junior by both leading directories. He has experience of a variety of sport-related disputes, including in relation to competition law, doping issues, appeals over penalty, broadcasting rights, players’ agents and player transfers; and his clients have included sports associations (e.g. The Football Association, The Football League, the Rugby Football League, the Welsh Rugby Union, UK Athletics), clubs and corporations (e.g. Cardiff City FC, London Welsh RFC, Leyton Orient FC, Matchroom Sport Ltd) and individuals (e.g. Joe Calzaghe, Barry Hearn).
Tom is an author of the competition law chapter in Lewis and Taylor’s Sport: Law and Practice (2013).
“He has really sound judgement. He is a very good advocate and is an excellent drafter. He can see the issues from all the different angles.”
Chambers UK, 2016
“He is incredibly bright, a creative thinker and an exceptional advocate.”
Legal 500, 2015
“Excellent in his written submissions, and willing to challenge more senior counterparts during advocacy”
Legal 500, 2016
“Incredibly bright, personable, hard-working and the first choice for complex legal disputes in sport”
Chambers UK, 2017
Junior counsel for the AFA in a complaint to the European Commission challenging FIFA’s proposed new regulations for football agents on the ground that the 3% remuneration cap they contain infringes EU competition law.
Junior counsel for Leyton Orient in an EU and domestic law challenge to the procurement process for the award to West Ham of a concession to use Olympic Stadium. Tom also acted in an earlier judicial review challenge concerning the Stadium award in 2011 and in related arbitration proceedings under FA Rule K.
Acted for Eddie and Barry Hearn and Matchroom Sport Ltd in a claim by Frank Warren and his promotions vehicle concerning alleged poaching of a boxer.
Junior counsel for London Welsh in its appeal against its non-promotion to the Premiership, establishing that the rules which had been applied to prevent the club’s promotion were void for breach of competition law.
Tom is ranked in the telecommunications sector by both leading directories. He has advised on, or acted in, challenges to decisions of ATVOD, the BBC, the Communications Authority of Hong Kong, HM Government, Ofcom and PhonepayPlus, as well as commercial disputes between operators. His experience in the sector includes telecoms-related issues of: broadcasting; competition law; dispute resolution by Ofcom; Francovich damages; intellectual property; internet-law and e-commerce; procurement; regulatory investigations; regulatory reform; and spectrum auctions, licensing and management.
“A first-class junior with commercial savviness far beyond his years.”
Chambers UK, 2016
“He's so incredibly bright. He picks up on issues and he comes up with commercial strategies that are unique but which have legs.”
Chambers UK, 2016
“Knowledgeable, efficient and highly motivated.”
Legal 500, 2015
“His advice is clearly structured, accessible and commercial”
Legal 500, 2016
“He's very decisive, very bright and very thorough. He's also very eloquent and gets to the issues quickly”
Chambers UK, 2017
Acting for Telefónica in a challenge by EE to Ofcom’s decision on Annual Licence Fees.
Acted for Churchcastle defending regulatory proceedings brought by the premium rate phone services regulator, which had sought to impose its largest ever fine (£800,000) upon Churchcastle.
Acted for Playboy in regulatory proceedings brought by Ofcom as co-regulator of On Demand Programme Services.
Appeared as sole counsel for Telefónica in a CAT appeal against a determination by Ofcom concerning “flip-flopping” of termination rates by H3G and Vodafone.
Classics & English, BA Hons (Oxon); Diploma in Law (City)
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