Tom has extensive litigation and advocacy experience.  He has appeared in the Supreme Court, House of Lords, Privy Council, Court of Appeal, High Court and County Courts.  He has also appeared in a wide range of domestic tribunals (including the Copyright Tribunal, the Takeover Panel, the Upper Tribunal (Tax and Chancery Chamber) and the Lloyd's Appeal Tribunal).

He has acted in a number of commercial arbitrations (including the LCIA, the ICC and the PPL Arbitral Tribunal) and has also appeared before the Parole Board.

Tom is also ranked as a QC in the main UK directories in Commercial litigation, Civil Fraud and Media & Entertainment. 

As a junior, Tom was ranked as one of Chambers UK’s Top Junior Bar 100, in their inaugural listing of the top barristers practising at the Bar of England & Wales. “Extremely user friendly, and very well liked by solicitors and lay clients alike, he is obviously extremely clever, but wears his intellect lightly and is excellent at explaining complicated legal issues in a simple, intelligible way."

Tom was Commercial Litigation Junior of the Year in the Chambers and Partners Bar Awards 2012.

He has been called to the Bar in the British Virgin Islands.

Experience

Shortlist

Commercial

Tom has appeared in a wide variety of commercial cases in the House of Lords, the Court of Appeal, the High Court and the County Court.  He also has extensive experience of acting for parties before different arbitral tribunals (including the LCIA, the ICC and the PPL Arbitral Tribunal).

Tom has particular experience of acting and appearing in civil fraud cases.  He regularly deals with claims involving Search Orders, Freezing Injunctions, Document Preservation Orders and Information Orders.

He has acted for a very wide range of clients in all sorts of commercial cases. His clients have included Macquarie, Pirelli, Michelin, Oleg Deripaska, Rusal, LLoyd's, Lufthansa, Microsoft, BP, British Gas, the Deputy Prime Minister of Qatar, Den Norske Bank, Citibank, Cyprus Turkish Airlines, the BBC, Nokia, Vodafone, the Export Credits Guarantee Department, Ofcom, British Telecom, Sapporo, the developer of the Shard, the Royal Bank of Scotland, IFPI, News International, BSkyB, Uganda Property Holdings Limited and HM Attorney General.  

He has also acted for a large number of Defendants who have faced claims brought by (for example) the Ministry of Justice, HM Revenue & Customs, News International, the Federal Republic of Nigeria, Société General, the Government of Djibouti and Jyske Bank.  He has obtained the discharge of wrongfully obtained injunctions and defended a large number of high value claims. 

He has been involved in cases dealing with such things as Kuwaiti aircraft, photocopiers, ATMs, mobile telephones, share sale agreements, media representation and bribery.

He regularly acts in multi-jurisdictional disputes as part of a team involving lawyers and laws from many jurisdictions (including Russia, Kazakhstan, Tajikistan, Singapore, Gibraltar, Portugal, Angola, Uganda, Jersey, Switzerland, Djibouti and France).  He has been called to the Bar of the British Virgin Islands.

He also has experience of private international law issues (having acted in the Kuwait Airways v Iraqi Airways litigation and in cases against a member of the Saudi Royal Family and the Ugandan President).  He regularly works on cases that involve the application of foreign law in English proceedings.

Tom has acted as an examiner appointed by the Commercial Court for the purposes of taking a deposition for use in US proceedings.

Cases

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Financial Services

Tom has acted in a wide range of Financial Services cases for many years.  He has acted for regulators, the regulated and the unregulated.

For the regulated, his work has included:

  • He has acted for a number of debt management firms seeking full permission from the FCA to undertake regulated activities.  He recently succeeded in persuading the RDC to set aside a Warning Notice which would have terminated a firm's interim permission.
  • He appeared in Upper Tribunal in a case involving the traded life insurance market (Roberts & Wilkins v FCA [2015] UKUT 408 (TCC)).  He overturned a prohibition that had been made by the RDC and successfully resisted an integrity case that was resurrected by the FCA in the Upper Tribunal.
  • He appeared (led by Charles Flint QC) in a high-profile case before the Takeover Panel. It was the first case for many years in which a ‘cold shouldering’ order was made.
  • He worked on a number of cases brought by the Financial Services Authority against individuals for alleged book mismarking. 
  • He worked for GE Life Fund Management in a case brought by the Financial Services Compensation Scheme in a case involving Structured Capital At Risk Products.  He has advised a number of individuals and firms in relation to allegations of Market Abuse and other regulatory issues.
  • He has advised in a number of judicial reviews and proposed judicial reviews against the Financial Ombudsman.  
  • He has wide experience of acting for financial institutions in claims brought by customers relating to demutualisation and other issues. 

For regulators, his work has included: 

  • He has acted for Lloyd's in a number of cases before the Lloyd's Appeal Tribunal involving the termination of membership of the Society.
  • He worked on secondment to the Financial Services Authority.  As External Counsel to the FSA’s Enforcement Law & Policy Department, Tom advised on a wide range of financial services related issues, including questions relating to financial services regulation, the (then) draft Financial Services and Markets Bill and the new regulatory regime.
  • Tom worked for FSA as part of a team from Blackstone Chambers in a number of cases involving allegations of endowment mis-selling by leading financial institutions.
  • He acted for the Financial Services Compensation Scheme in a judicial review that arose out of the collapse of Keydata Investment Services Limited.

For the unregulated, he has given advice as to the scope of the regulatory regime (e.g. in relation to potential Collective Investments Schemes) and has advised individuals who have been threatened with domestic regulatory action and with action by overseas regulators.

Tom has also acted in a large number of disputes involving banks and banking practices. He has particular experience of working on fraud cases involving banks.

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Arbitration

Tom has acted in a large number of domestic and international arbitrations in the LCIA, the ICC and the PPL Arbitral Tribunal.  

He has dealt with arbitrations that have involved such issues as the lease of aircraft, disputes between co-venturers in Eastern European companies, the supply of petroleum coke, the sale of iron ore, the supply of services (by amongst others a well-known firm of solicitors and an American technical services company) and the exercise of an option under a music publishing agreement.  

His most recent arbitrations have involved issues relating to software development, patents licensing, FRAND terms, an airport services marketing agreement and investments in Djibouti.

He has experience of dealing with appeals to the Commercial Court from domestic arbitrations.

Shortlist

Telecommunications

Tom has considerable experience of cases that involve issues relating to telecommunications.   He has acted for and against the providers of telephone services in commercial and regulatory contexts.  

He has undertaken cases for (amongst others) Vodafone, T-Mobile and Nokia (in arbitrations and in the High Court) and has appeared for Ofcom.

Shortlist

Media & Entertainment

Tom has acted in a wide range of entertainment disputes, involving music, film, fashion, television and radio.  He has advised licensors, licensees and regulators in relation to a wide range of UK and international disputes.  He spoke at MIDEM 2007 on the work of the Copyright Tribunal, and in particular the Online music reference (see below).

He has considerable experience of the Copyright Tribunal and regularly deals with cases which involve issues relating to copyright, partnership and performer’s property rights.

In the Copyright Tribunal, Tom has acted in a large number of disputes both for applicants (including BPI and iTunes) and for licensing bodies (VPL and PPL).  

He has been instructed in a number of challenges to schemes promulgated by PRS for Music (including the scheme for music DVDs and the scheme for Online music).  In the Online music reference, he initially acted for the BPI as part of a team led by Ian Mill QC.  When the BPI settled its claim, Tom was instructed by iTunes to represent it and conducted the hearing without a leader (see BPI v MCPS-PRS Alliance [2008] EMLR 5).  He also acted for ITV in its Copyright Tribunal challenge to the terms offered to it by PRS for Music and has often advised licensees who are dissatisfied with PRS for Music.

Tom has also acted for VPL and PPL in the Copyright Tribunal.   He appeared for VPL in relation to music television, CSC v VPL [2010] EWHC 2094 (Ch) and [2011] EWCA Civ 650, and for PPL in an appeal against the Copyright Tribunal’s decision in relation to background music, PPL v BHA [2009] EWHC 209 (Ch). 

He also appeared for an intervener, the UK Media Monitoring Agency, in a challenge in the Copyright Tribunal to one of the Newspaper Licensing Agency’s schemes (Meltwater v NLA).

He assisted EOS- Yr Asiantaeth Hawliau Darlledu Cyfyngedig (a licensing body that licenses, protects and promotes the repertoire of composers and publishers of Welsh-language music) in defending a claim brought against it in the Copyright Tribunal by the BBC.  

In the High Court, Tom  has acted in a wide range of cases. He acted for Virgin Media in ITV Broadcasting v TV Catchup where the Court of Appeal (after hearing argument as to the scope of section 73 of the Copyright, Designs and Patents Act 1988) has made a second reference to the CJEU (see [2015] EWCA Civ 204).

He was also instructed on behalf of ZTE in Vringo v ZTE in a follow-on damages claim for patent infringement.  The case settled shortly before trial.

Tom has acted (or is currently acting) in a large number of band and partnership related disputes for amongst others Snow Patrol, Duran Duran, the Sugababes and Busted (McPhail v Bourne [2008] EWHC 1235 (Ch)).  He regularly acts for managers who are in dispute with their artists or former artists.

In Forstater v Python (Monty) Pictures Limited [2013] EWHC 1873 (Ch), Tom acted successfully for the producer of “Monty Python and the Holy Grail” in a claim to rectify an agreement concluded in 1974.  He cross-examined Michael Palin, Eric Idle and Terry Jones.

He has also acted in wide range of disputes on behalf of (amongst others) the Discovery Channel (about a Bulgarian broadcast licence), Bucks Music (in a dispute with the DJ Jay Sean), Onward Music (in a dispute relating to “A Whiter Shade of Pale”), the tenor Jonas Kaufmann (in a dispute with Decca), iTunes, IFPI, Christine Bleakley, Mark Morot, Iron Maiden, the BBC, Fat Cat Records (in a dispute with Sigur Ros), Microsoft, Blue (in a passing off action brought against the boy band by a 1970s band), Oasis (in insurance and other matters), Carlton Film Distributors, MGN, Film Four, Tomasz Starjewski and Roger Moore.  

He has also been involved in cases involving the band Placebo, the Beatles’ Lost Concert, the song “Fight for This Love” (performed by Cheryl Cole), the music for Space 1999, an Oscar winning animated version of Peter and the Wolf, the Bay City Rollers, The World is Not Enough, P Diddy, Simply Red and Melinda Messenger.

Cases

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Public & Regulatory

Tom regularly acts in a wide range of public and regulatory cases, often for Government Departments but also for individuals.  He has acted for the General Medical Council and often acts for the Ministry of Justice in cases involving prisons and prisoners. He has advised and acted for a number of commercial bodies in proposed challenges to commercial and financial regulators (both in this country and abroad).

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Civil Liberties & Human Rights

Tom regularly acts for a number of public authorities, including the Secretary of State for Justice (in Prisons and Immigration claims), the Independent Police Complaints Authority, the Office of Fair Trading and the General Medical Council.  He has also acted for a number of newspapers (including The Times and The Gleaner) in a number of public law cases involving free speech issues.  

Tom has also advised a number of public authorities (both in the UK and elsewhere) on a number of confidential matters involving issues of Human Rights and statutory construction.

His interest in prisons stems from his time as a member of the Independent Monitoring Board of HMP Wormwood Scrubs and as a member of Sir Peter Lloyd MP’s committee, which investigated the most effective way in which lay people can monitor prisons.

Cases

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Achievements

Appointments

  • Tom is a member of the Bar Tribunals and Adjudication Service (formerly the Council of the Inns of Court Disciplinary Panel).
  • Before taking Silk, Tom was a member of the Attorney General’s ‘A’ Panel (having been a past member of the ‘B’ Panel and the ‘C’ Panel).

Memberships

  • COMBAR
  • LCIA
  • Administrative Law Bar Association
  • Justice

Selected earlier reported cases

Commercial

  • Secretary of State for Justice v LSM & Ors [2011] EWHC 983 (QB); [2010] EWHC 1781 (Ch)
  • Proactive v Rooney & others [2010] EWHC 1807 (QB)
  • Scopelight v Chief Constable of Northumbria [2010] QB 438
  • SOCA v Perry [2009] EWHC 1960 and 2673 (Admin); [2010] EWHC 1711 (Admin); [2010] EWCA Civ 907
  • Young v Official Receiver [2010] EWHC 1591 (Ch)
  • VPL v Chartshow Channels, 7 September 2009 (Copyright Tribunal); [2010] EWHC 2094 (Ch); [2011] EWCA Civ 650
  • Customs & Excise v Total Networks [2008] 1 AC 1174 
  • iTunes & Others v MCPS-PRS Alliance [2008] EMLR 5
  • McPhail v Bourne [2008] EWHC 1235 (Ch)
  • Jirehouse Capital & Another v Beller & Another [2008] EWHC 725 (Ch)
  • Tajik Aluminium Plant v Ermatov
  • ACP Capital Ltd v IFR Capital [2008] 2 Lloyd’s Rep 655
  • Toronto Dominion Bank v a trader 
  • Petroval v Stainby & Others
  • Howell v Lees Millais [2007] EWCA Civ 720
  • Victor Chandler v Murray (2007)
  • Global v AMS and MBC [2006] EWHC 3107 (Ch)
  • Daraydan v Solland [2004] EWHC 622 (Ch) 
  • ABN-AMRO v Blue Wings 

Public & Regulatory and Civil Liberties & Human Rights

  • Walker v GMC [2010] EWHC 3849 (Admin)
  • Young v Official Receiver [2010] EWHC 1591 (Ch)
  • Chauhan v GMC [2010] EWHC 2903
  • SOCA v Perry [2009] EWHC 1960 and 2673 (Admin); [2010] EWHC 1711 (Admin); [2010] EWCA Civ 907
  • Al Fartoosi v Secretary of State for Defence
  • Fox v United Kingdom and Morrison v IPCC [2009] EWHC 2589 (Admin)
  • R (Saunders) v IPCC [2009] 1 All ER 379
  • R (IPCC) v Chief Constable of West Midlands [2007] EWHC 2715 (Admin); R (Coker) v HM Coroner for Inner South District of Greater London [2006] EWHC 614 (Admin) and numerous other cases. 
  • Rahman v GMC [2007] EWHC 3257 (Admin), R(Aaalamani) v GMC [2007] EWHC 2716 (Admin), R (Sargent) v GMC [2006] EWHC 505 (Admin), R (David) v GMC [2004] EWHC 2670 (Admin) and R(P) v GMC [2004] EWHC 2434 (Admin)  and other cases.
  • Howell v Lees Millais (CA) [2007] EWCA Civ 720
  • Office of Fair Trading v Magno-Pulse, Office of Fair Trading v Heaven Communications 
  • B v Secretary of State for Work and Pensions CIS/4348/2003 (Tribunal of Commissioners) and [2005] EWCA Civ 929 (CA) 
  • GH (former KAZ – Country Conditions) Iraq [2004] UKIAT 00248

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