Thomas de la Mare KC

The Court of Appeal has upheld the High Court’s dismissal of a challenge to the ban on dealing in ivory imposed by the Ivory Act 2018. Tom acted for the Appellant company.

Tom is representing a large number of Libyans said to members of or affiliated to the LIFG in connection with their: (a) detention in the UK under immigration detention pending DWA and/or under Control Orders; (b) detention and torture abroad; and (c) subjection to domestic sanctions.  The Claimants contend that UK administrative action was tainted by UK complicity in wrongdoing and its non-disclosure to the Courts; and (in the case of those detained abroad) of UK complicity in torture, arbitrary detention or CIDT.

Tom represented interveners on this leading case on suspicionless stop and search powers at ports and airports.

Tom also represented the Duke of Cornwall in the subsequent Upper Tribunal case which will establish whether the Duchy of Cornwall has legal personality and whether it or the Duke of Cornwall is a “public authority” for environmental information purposes.

Tom acted for the Secretary of State throughout the litigation from the Upper Tribunal to the Supreme Court in a case that raises fundamental issues about who is an “employed person” and when for the purposes of EU social security law.

Tom acts for the appellant in a test case about retained rights of residence for third country nationals.  The appellant, who is Pakistani, has German national children raised in the UK.  They moved to the UK to live with their worker father (a German national) but his violence ended the marriage and he left the country.  Quite apart from the Charter issues (above) the case raises key issues under the Citizenship Directive and in relation to Teixeira rights of residence.

Tom is acting for NITC and Mr Golparvar in the EU General Court in two unrelated cases under the Iranian sanctions regime.

Tom is appearing with Tristan Jones for the Claimant in a case that is set to be the leading domestic authority on the definition of a “medicinal product” and the duties of the MHRA to apply the so-called functional test in a consistent fashion to like products.  The case is currently listed in the Court of Appeal.

Tom successfully represented the UK in these three joined appeals brought by FIFA and UEFA that questioned the legality of the UK’s broadcasting “Crown Jewels” so far as they contained the entirety of the World Cup and EURO tournaments as events that must be broadcast of free to air television. 

Tom represented large number of intervener water only and water and sewerage companies in the CJEU and in the subsequent contest Upper Tribunal in the lead test case on what constitutes a “public authority” for the purposes of the Environmental Information Regulations with implications for a wide range of regulated utilities.

Tom is representing a large number of Libyans said to members of or affiliated to the LIFG in connection with their: (a) detention in the UK under immigration detention pending DWA and/or under Control Orders; (b) detention and torture abroad; and (c) subjection to domestic sanctions.  The Claimants contend that UK administrative action was tainted by UK complicity in wrongdoing and its non-disclosure to the Courts; and (in the case of those detained abroad) of UK complicity in torture, arbitrary detention or CIDT.

Tom is representing the Claimants (with Ben Jaffey) in this challenge to the Security Services powers to gather and operate Bulk Personal Datasets and to obtain Bulk Communications Data using obscure powers under the Telecommunications Act rather than RIPA.  The case raises key issues under Article 8 ECHR/7 CFREU.

Tom represented interveners on this leading case on suspicionless stop and search powers at ports and airports.

Tom represented the Claimants in a case raising a range of fair trial and fair hearing issues under the common law and the ECHR focusing on issues such as the right to independence of advocates, judicial independence and fair hearings (to the CA); and EU proportionality (to the SCt).

Tom acts for the appellant in a test case about retained rights of residence for third country nationals.  The appellant, who is Pakistani, has German national children raised in the UK.  They moved to the UK to live with their worker father (a German national) but his violence ended the marriage and he left the country.  Quite apart from the Charter issues (above) the case raises key issues under the Citizenship Directive and in relation to Teixeira rights of residence.

Tom successfully represented the UK in these three joined appeals brought by FIFA and UEFA that questioned the legality of the UK’s broadcasting “Crown Jewels” so far as they contained the entirety of the World Cup and EURO tournaments as events that must be broadcast of free to air television. 

Tom is acting for a key Part 20 Defendant, the Nexans Group, in the damages claims arising out of a power cables cartel.

Tom appeared for the Claimants in the Air Cargo litigation.

Tom is acting for Peugeot and Saab (leading Tristan Jones) in two separate actions relating to the automotive car glass and bearings cartels.  The car glass claims brought by Peugeot and Saab are pending before the High Court and the CAT and are likely to raise important issues about limitation in CAT claims under the Foreign Limitation Periods Act.

Tom was brought in (with James Segan) to act for Chemistree in the Court of Appeal in its attempt to get injunctive relief against AbbVie to continue the supply of a particular drug on abuse of dominance grounds.

Tom acted for Lindum and Interserve (with Andrew Scott) in claims brought by parties affected by the OFT’s Construction Cartel Decision that sought restitution of fines unlawfully paid.

Tom acted in the recent sizeable Recolight litigation which raised significant issues about, amongst other things, the interface between A.101(3) justification and environmental regulation/benefits.  Tom acted for Recolight the Producers Compliance Scheme that seeks to maximise the recycling of modern energy efficient (but toxic) lightbulbs.

Tom successfully represented the UK in these three joined appeals brought by FIFA and UEFA that questioned the legality of the UK’s broadcasting “Crown Jewels” so far as they contained the entirety of the World Cup and EURO tournaments as events that must be broadcast of free to air television. 

Tom acts for the appellant in a test case about retained rights of residence for third country nationals.  The appellant, who is Pakistani, has German national children raised in the UK.  They moved to the UK to live with their worker father (a German national) but his violence ended the marriage and he left the country.  Quite apart from the Charter issues (above) the case raises key issues under the Citizenship Directive and in relation to Teixeira rights of residence.

Tom is acting for NITC and Mr Golparvar in the EU General Court in two unrelated cases under the Iranian sanctions regime.

Tom is appearing with Tristan Jones for the Claimant in a case that is set to be the leading domestic authority on the definition of a “medicinal product” and the duties of the MHRA to apply the so-called functional test in a consistent fashion to like products.  The case is currently listed in the Court of Appeal.

Tom acted for the Secretary of State throughout the litigation from the Upper Tribunal to the Supreme Court in a case that raises fundamental issues about who is an “employed person” and when for the purposes of EU social security law.

The Court of Appeal has upheld the High Court’s dismissal of a challenge to the ban on dealing in ivory imposed by the Ivory Act 2018. Tom acted for the Appellant company.

Tom represented large number of intervener water only and water and sewerage companies in the CJEU and in the subsequent contest Upper Tribunal in the lead test case on what constitutes a “public authority” for the purposes of the Environmental Information Regulations with implications for a wide range of regulated utilities.

Tom also represented the Duke of Cornwall in the subsequent Upper Tribunal case which will establish whether the Duchy of Cornwall has legal personality and whether it or the Duke of Cornwall is a “public authority” for environmental information purposes.

Tom acted in the recent sizeable Recolight litigation which raised significant issues about, amongst other things, the interface between A.101(3) justification and environmental regulation/benefits.  Tom acted for Recolight the Producers Compliance Scheme that seeks to maximise the recycling of modern energy efficient (but toxic) lightbulbs.

Tom is acting for a key Part 20 Defendant, the Nexans Group, in the damages claims arising out of a power cables cartel.

Tom is acting (with Andrew Scott) for the execution only broker AMT in its novel claim for procuring breach of exclusive jurisdiction clauses against a German law firm alleged to have canvassed claims by former clients using confidential information.  The case is the leading case on the approach to Art 5(3) jurisdiction for the tort of procuring breach, and is on appeal to the Supreme Court.

A second round of AMT actions against the former retail clients seems set to become the leading domestic case on whether someone engaged in aggressive speculation for short term profit on the futures and options markets can be a “consumer” under Section 4 of the Recast Regulation.

Tom (leading Tristan Jones) conducted the claims brought against two of three main copper cartels (copper tubes, copper fittings) for companies in the Travis Perkins Group.  Before settlement, the case gave rise to an important ruling from the Court of Appeal on the characterisation of a cartel as an unlawful means conspiracy.

Tom appeared for the Claimants in the Air Cargo litigation.

Tom is acting for Peugeot and Saab (leading Tristan Jones) in two separate actions relating to the automotive car glass and bearings cartels.  The car glass claims brought by Peugeot and Saab are pending before the High Court and the CAT and are likely to raise important issues about limitation in CAT claims under the Foreign Limitation Periods Act.

Tom acted for SSL/Durex in its attempts to obtain English jurisdiction for contractual and tort claims arising out of alleged economic duress on the part of a joint venture partner in India.  The case raised fundamental points about service upon foreign companies in the jurisdiction and enforcement of injunctions abroad.

Tom is acting for Lebara (leading Ben Jaffey & James Segan) in a dispute with its close commercial rival Lyca which has been blocking its users from accessing Lebara’s services throughout the EU.  The case raises novel issues about internet neutrality and consumer protection in the telecoms field, as well as difficult issues about EU e-privacy law, economic torts (both types of conspiracy) and foreign law (a variety of civilian unfair competition torts having been pleaded as well).

Tom acted for the liquidators of Weavering Capital UK in its successful attempts to recover funds from its former directors.  The claims arose in connection with the collapse of the $500 million Weavering Hedge Fund and raised claims in deceit/misrepresentation, breach of fiduciary duty, negligence and breach of statutory duty.

Tom was instructed (with Hanif Mussa) in the EIS fraud claims brought by Octopus Investments against its former advisers.

Tom acted for the NHS Defendants (leading Tom Cleaver) in this high value test case litigation about the construction of superannuation provisions of a standard form PMS Agreement, as used by a significant number of PCTs/GP providers.

Tom is acting for Lebara (leading Ben Jaffey & James Segan) in a dispute with its close commercial rival Lyca which has been blocking its users from accessing Lebara’s services throughout the EU.  The case raises novel issues about internet neutrality and consumer protection in the telecoms field, as well as difficult issues about EU e-privacy law, economic torts (both types of conspiracy) and foreign law (a variety of civilian unfair competition torts having been pleaded as well).

Tom acted for the liquidators of Weavering Capital UK in its successful attempts to recover funds from its former directors.  The claims arose in connection with the collapse of the $500 million Weavering Hedge Fund and raised claims in deceit/misrepresentation, breach of fiduciary duty, negligence and breach of statutory duty.

Tom was instructed (with Hanif Mussa) in the EIS fraud claims brought by Octopus Investments against its former advisers.

Tom is appearing with Tristan Jones for the Claimant in a case that is set to be the leading domestic authority on the definition of a “medicinal product” and the duties of the MHRA to apply the so-called functional test in a consistent fashion to like products.  The case is currently listed in the Court of Appeal.

Tom was brought in (with James Segan) to act for Chemistree in the Court of Appeal in its attempt to get injunctive relief against AbbVie to continue the supply of a particular drug on abuse of dominance grounds.

Tom acted for SSL/Durex in its attempts to obtain English jurisdiction for contractual and tort claims arising out of alleged economic duress on the part of a joint venture partner in India.  The case raised fundamental points about service upon foreign companies in the jurisdiction and enforcement of injunctions abroad.

Acting for the applicant in this case on their right to trade cards featuring UEFA tournaments.

Tom successfully represented the UK in these three joined appeals brought by FIFA and UEFA that questioned the legality of the UK’s broadcasting “Crown Jewels” so far as they contained the entirety of the World Cup and EURO tournaments as events that must be broadcast of free to air television.  Tom also advised the DCMS on the related consultation on the review of the current UK list of protected events.

Tom acted for London Welsh (with Tom Richards) in its successful challenge to the legality of the RFU’s rule requiring clubs to have “primacy of tenure” in order to be eligible for promotion.  Such rule was found to be an anti-competitive restraint being unnecessary/disproportionate for the aims of settling a stable fixture list to maximise broadcast revenue. London Welsh were promoted to the Rugby Premiership in consequence. Tom also acted for London Welsh in its appeal against sanction for having fielded an ineligible player in 11 matches.

Tom appeared (with John Howell QC and Paul Luckhurst) for Newham BC in its defence of the various judicial reviews brought on EU state aid grounds arising out of the proposed West Ham/Newham joint venture and its selection as preferred bidder for the Olympic Stadium. The case raised profound issues about public funding of sport, public benefits, infrastructure and the state aid rules.

Tom acted (with Ian Mill QC) in the successful challenge to the Regulations brought to introduce a private copying exemption pursuant to Article 5(2)(b) of the EU Copyright Directive.

Tom is representing the Claimants (with Ben Jaffey) in this challenge to the Security Services powers to gather and operate Bulk Personal Datasets and to obtain Bulk Communications Data using obscure powers under the Telecommunications Act rather than RIPA.  The case raises key issues under Article 8 ECHR/7 CFREU.

Tom is an acknowledged expert in advertising law, particularly EU law relating to consumer protection.  He has regularly advised the OFT/CMA, the ASA, BCAP and other self-regulatory bodies, as well as private parties such as C&C, Diomed, Sainsburys, Martin Grant Homes and SodaStream about advertising regulation across a variety of media, in particular comparative and misleading advertising.  In the last two years Tom acted for Sainsbury’s in its challenge to the ASA; and is acting for claimants in cases against Clearcast and the Portman Group.

Tom is acting for Lebara (leading Ben Jaffey & James Segan) in a dispute with its close commercial rival Lyca which has been blocking its users from accessing Lebara’s services throughout the EU.  The case raises novel issues about internet neutrality and consumer protection in the telecoms field, as well as difficult issues about EU e-privacy law, economic torts (both types of conspiracy) and foreign law (a variety of civilian unfair competition torts having been pleaded as well).

Tom has over a number of years been acting for and advising O2 in relation to the complex legal issues arising about spectrum allocation, refarming, liberalisation and use in 4G services.  Recently Tom has advised the MoD on similar issues.

Tom acted for 118 118 in relation to the legal issues and appeals arising from Ofcom’s review of Non-Geographic Numbers.

Tom has provided advice across a range of issues connected with telecoms regulation, in particular in relation to issues triggered by the Revised European Framework.  Recently Tom has been advising Virgin Media in relation to issues arising under the CRF.

Tom is acting for NITC and Mr Golparvar in the EU General Court in two unrelated cases under the Iranian sanctions regime.