Tom Richards

Led by Tom Weisselberg QC, acting for the First Defendant in a claim brought by the Kuwaiti social security fund said by the Claimant to be worth in excess of US$850 million.

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.

Junior counsel for the appellant, led by Lord Pannick QC, in a shipping case giving rise to important issues of appellate restraint and the proper approach to evidence alleged to have been obtained by torture.  

Junior counsel for the 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.

Acting for the SFO resisting a multi-million pound claim for inducing breach of contract and misfeasance in public office.  

Junior counsel for Telefónica, the operator of the O2 network, resisting an appeal by Ofcom against an order for restitution of very substantial licence fees.  

Led by Tom Weisselberg QC, acting for the First Defendant in a claim brought by the Kuwaiti social security fund said by the Claimant to be worth in excess of US$850 million.

Junior counsel for the appellant, led by Lord Pannick QC, in a shipping case giving rise to important issues of appellate restraint and the proper approach to evidence alleged to have been obtained by torture.  

Acted for the Defendants in a dispute concerning the operation of the Trinidad and Tobago T20 cricket team. 

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.

Acting for the SFO resisting a multi-million pound claim for inducing breach of contract and misfeasance in public office.  

Acted 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.

Acted for the appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.

Junior counsel for the 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.

Acted for the appellant in a case concerning promotions in the Police Service of Trinidad and Tobago.  

Sole counsel for the respondents in various 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. 

Acted 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.

Acted for Telefónica in a challenge 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 EU competition law grounds.

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.

Acted for the defendants in a trade mark infringement claim involving alleged “grey market” goods. 

Sole counsel for the claimants in the November 2020 retrial of the leading modern case on joint authorship.  

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.   

Sole counsel for the claimants in the November 2020 retrial of the leading modern case on joint authorship.  

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.

Acted with Tom Coates for the Claimant at the trial of its claim for infringement of its music publishing rights in the Spandau Ballet hits "Gold" and "True".  

Acted for the appellant in a Privy Council appeal concerning the constitutional right to equality of treatment. 

Acted for the appellant in a case concerning promotions in the Police Service of Trinidad and Tobago.  

Acted as sole counsel for the State of Trinidad and Tobago resisting an appeal in a malicious prosecution claim.

Acted for the Appellant in a case concerning among other things the jurisdiction of the Court of the Sensechal of Sark and the quality of law requirement of the European Convention on Human Rights.  

Acted 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.

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 appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.

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 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 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 Attorney General of Trinidad and Tobago in an appeal concerning a damages claim for false imprisonment and malicious prosecution.

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.

Junior counsel for the appellant in a constitutional appeal concerning the composition of the Judicial and Legal Services Commission of Trinidad and Tobago.

Acted for the appellant in a Privy Council appeal concerning the constitutional right to equality of treatment. 

Junior counsel for HMRC in a significant Court of Appeal decision on HMRC's powers of informal investigation.  

Junior counsel for Telefónica, the operator of the O2 network, resisting an appeal by Ofcom against an order for restitution of very substantial licence fees.  

Acted for the appellant in a case concerning promotions in the Police Service of Trinidad and Tobago.  

Acting for the SFO resisting a multi-million pound claim for inducing breach of contract and misfeasance in public office.  

Acted for the Independent Press Standards Organisation resisting the first claim for judicial review of one of its decisions.  

Acted 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.

Acted for the appellant in a Privy Council appeal concerning the assessment of compensatory damages for the State’s failure to award a radio licence.

Junior counsel for the claimants in a leading A1P1 damages claim concerning the Government’s changes to the Solar Feed In Tariff subsidy scheme.

Acted for Telefónica in a challenge 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.

Junior counsel for the appellant in a constitutional appeal concerning the composition of the Judicial and Legal Services Commission of Trinidad and Tobago.

Acted for Derby County in disciplinary proceedings relating to the Championship Profitability & Sustainability Rules.

Junior counsel for the AFA in a complaint to the European Commission challenging FIFA’s proposed new regulations for football agents on EU competition law grounds.

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.

Junior counsel for Telefónica, the operator of the O2 network, resisting an appeal by Ofcom against an order for restitution of very substantial licence fees.  

Acted for Telefónica in a challenge 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.