Tom is a highly versatile lawyer whose practice straddles public law, competition/regulatory law and commercial law, and who has achieved recognition as a leading practitioner in eleven different practice areas. Tom is noted for his innovative legal problem solving - drawing upon the many aspects of his practice - and his excellent advocacy.

In the public law field, Tom’s work has a strong emphasis on: commercial JR, where Tom has acted in a number of the leading cases (Camelot, Eisai), particularly pharmaceutical litigation and sanctions work; civil liberties, national security (Binyam Mohammed, Kamoka) and data and privacy work (Privacy International/LQDN); and on environmental cases. Tom is a noted expert on the control of secondary legislation and on proportionality and fundamental rights challenges (FACT, Lumsdon), having obtained the first ever declaration of incompatibility by consent (Blood No.2) and the last EOC declaration to disapply primary legislation for incompatibility with EU law (Hughes).

In the competition and regulatory field, Tom has appeared in many of the leading competition law damages cases (Provimi, Devenish), acting regularly for both Claimants (e.g. Peugeot in the bearings litigation) and Defendants (e.g. Goldman Sachs in the FX litigation), as well as in standalone cases (e.g. the ongoing Genius sports betting data litigation). Tom has particular expertise in the application of the competition rules in the context of sport, acting for both the regulated (clubs, players etc) and the regulators/leagues (RFU, Premier League, ECB). Tom has also acted for and against many of the key sectoral regulators (Ofgem, Ofcom, Oftwat etc) in energy and telecommunications disputes, professional discipline matters and the like.

Tom’s commercial work has an emphasis on group litigation (most recently various Dieselgate disputes), conflicts issues (Tom has led in many leading cases domestically and in the CJEU ranging from Grovit v Turner, AMT Futures and most recently MV Prestige), economic torts (particularly market-facing disputes), privacy (e.g. ENRC v Gerrard) and restitution litigation (e.g. the ALFs litigation).

A unifying feature of all of Tom’s work is his noted expertise in EU law work in all hues, public, regulatory or commercial. Before Brexit, Tom appeared in many CJEU/GC cases, in areas ranging from sanctions (NITC), to competition (FIFA/UEFA, Topps Europe), trademarks (Philips), pharmaceutical work (Teva), social security to conflicts, data protection/privacy (Fish Legal, Privacy International/LQDN) and to Brexit itself (Wightman). Tom appeared in the last two Article 267 TFEU references from the UK (DfCNI and MV Prestige).

Experience

Shortlist

Public & Regulatory

There is a very considerable overlap between Tom’s public law, human rights and EU and environmental expertise.  Clients seek Tom out, in particular, for his ability to provide comprehensive expert advice straddling these fields. 

Tom has expertise in a wide range of fields of commercial, technical and professional regulation and discipline, particularly where harmonized by EU law such as: pharmaceuticals, foods and food supplements pesticides and GMOs; financial services, legal services; medical services and qualifications; aviation, broadcasting and advertising (see Media section below for further detail). 

Tom’s EU public law practice is extremely broad (see further below for the commercial aspects of Tom’s EU practice).  He regularly appears for and against the UK in the CJEU/GC and in cases raising EU law points in domestic tribunals.  The public law dimension to Tom’s EU practice embraces subjects as diverse as customs and duties control, social security co-ordination, discrimination, citizenship, free movement (goods, persons, services), immigration, the EU Charter.

Tom also has considerable experience in Francovich claims against public bodies, most recently in the Tom’s civil liberties practice has a wide scope: terrorism, torture, unlawful detention, free speech, privacy, property and fair hearings have featured particularly prominently in Tom’s recent work for a diverse range of individual, corporate and public clients. litigation where Tom obtained sizeable compensation for his client from the Home Office for extreme delays in the recognition of her EU rights of residence that had the effect of preventing her from working.

Cases

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Civil Liberties & Human Rights

Tom’s civil liberties practice has a wide scope: terrorism, torture, unlawful detention, free speech, privacy, property and fair hearings have featured particularly prominently in Tom’s recent work for a diverse range of individual, corporate and public clients.

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EU & Competition

Tom is a highly experienced and sought-after EU and competition lawyer. He has an extensive practice ranging from pure commercial/competition work, through EU regulatory (with its blend of public and competition law), commercial EU (such as financial services and conflicts) to diverse “pure public” EU work in areas such as pharmaceutical regulation, data protection and privacy, free movement cases, EU social security and EU fundamental rights and discrimination.

Tom is an acknowledged expert on both Brexit (in particular the operation of EUWA 2018, EUFRA 2020 and the TCA) and state liability claims. He is a member of the CAT Users Group.

Tom was the Legal 500’s EU and Competition Silk of the Year in 2019 and is ranked:

  • Band 1 for EU Law (“Tom is pre-eminent in the field, entrusted by clients and plainly highly respected by the tribunals before whom he appears”) by both Legal 500 and Chambers & Partners; and
  • Band 1 and 2 for Competition law in Legal 500 and Chambers & Partners respectively (“He is a leader in this area and really knows his stuff. He was one of the first barristers to really see the potential of group and class actions”).

“Pure” competition damages: Tom has acted in a large number of the most prominent competition damages claims since the Vitamins litigation in the mid-00s (in which Tom acted for the Defendants, Aventis, in Provimi, Devenish and other reported cases). Since then, Tom has acted for Claimants in Air Cargo (Emerald), RoRo, Interchange (multiple parties and firms) and Peugeot Bearings, among others. He is also working for Defendants in the various vitamin cases (Aventis), LCDs (Toshiba in Nokia) on Power Cables (Nexans) and is instructed in the FX litigation (Goldman Sachs).

Blended competition claims and competition consumer law: Tom is at the forefront of modern cases involving competition law claims/counter-claims/defences blended with other private law claims. This is a particular characteristic of the two strands of the ongoing Genius litigation (which also involve database and unlawful means claims). Tom’s particular interest in consumer law and data protection means he is well placed to advise and act on such issues where they interface (as they increasingly do, particularly in the digital space) with competition law, especially in abuse of dominance claims.

CPOs and “book built” claims: Tom has written extensively, advised, and acted in relation to CPOs, including in the Mobility Scooters application (the first under the Act), including both follow on and standalone claims. Tom was a member of the CAT Working Party on collective proceedings. Tom has acted in claims involving large multi-party “book built” claims (e.g. Interchange, Trucks, FX, Air Cargo).

Competition & Sport: Tom is an acknowledged expert on the interface between competition law, common law, restraint of trade, and sport, in relation to issues such as salary caps (RFU, Scarlets, F1), financial fair play (RFU, competition law arbitrator in the QPR arbitration), player nationality requirements (ECB, RFU, F1), fixture and league sanctioning/breakaway competitions (Premier League) and regulation by dominant sports bodies (ECB, RFU). Tom is also well versed in the competition (and other) events relating to “Listed Events” (having acted in the GC/CJEU in the FIFA/UEFA cases) as well as the competition law issues in relating to sports broadcasting (e.g. Virgin complaint, Genius litigation).

Regulatory EU/competition work: Tom has undertaken work in all the main fields of sectoral regulation based on EU frameworks on both pure competition points and sectoral regulatory issues (such as systems access, price control etc), notably telecoms (both for and against Ofcom, including currently acting against Ofcom in the first exercise of its competition investigation powers), gas and electricity (for and against Ofgem and the NIAUR) and water (against Ofwat).

Conflicts/Brussels Regulation: Tom’s damages work in multi-jurisdictional cartels frequently raises conflicts issues (jurisdiction, applicable law) and associated problems of limitation, exclusive jurisdiction, arbitration and claims characterisation. His conflicts expertise dates back to successfully arguing, as a junior, the seminal Grovit case in the CJEU and the Provimi case in Commercial court. Notable recent cases include the AMT Futures litigation in the Supreme Court and the MV Prestige case before the CJEU Grand Chamber argued in January 2022 (the last ever reference from an English Court), which raises fundamental issues about the interface with arbitration.

State liability: Tom has acted on both sides of many EU state liability claims, including recently for a claimant class of persons affected by mistransposition of an EU Directive, and for the MIB in the Colley litigation (heard by the CA in January 2022). Such cases require a mix of public law expertise (is a breach ‘manifest and grave’?) and commercial litigation know-how (causation, quantum, market modelling) and have strong similarities with competition law “follow on” claims.

Brexit: Tom is one of the acknowledged experts on the UK’s Brexit arrangements, including all aspects of EUWA 2018 and EUFRA 2020 and the Withdrawal Agreement and TCA. Tom acted for the Public Law Project in the Miller2 litigation and for the UK in CJEU GC hearing in Wightman. He frequently gives presentations on these topics, has advised extensively on them, and has been brought into litigation to advise specifically on these issues.

EU Fundamental Rights and Treaty rights cases: Tom has been involved in some of the most prominent recent cases involving EU Fundamental Rights and EU Treaty rights issues of recent years, including Lumsdon in the Supreme Court (the leading authority on EU proportionality), FACT (proportionality and free movement of goods in relation to the Ivory Act), Hughes (Pensions Act disapplied as incompatible with EU fundamental age discrimination rights), TfL (EU free movement and proportionality) and the Privacy International Litigation (s.94 Telecommunications Act inconsistent with EU privacy law).

Cases

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Environment

Tom practises extensively in environmental law. Thanks to the Fish Legal case, and earlier work in waste (Barr v Biffa) etc., he has recently developed a growing practice in water regulation, principally for water and sewerage undertakers. 

Examples of Tom’s current and recent work in this area can be found below.

Cases

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Commercial

Given Tom’s strength in EU and competition law, he is regularly in demand in commercial cases raising issues of EU, commercial (financial services, telecoms), conflicts of laws and competition law.  Tom has regularly acted in commercial issues in the CJEU, Court of Appeal as well as the Commercial Court and Chancery Division.  Beyond these areas Tom’s general commercial litigation practice spans a wide range of areas including: conspiracy and economic torts (especially using civilian unfair competition torts with English disclosure); civil fraud, particularly in a commercial employment context; confidential information and soft IP (trademarks, copyright); restraint of trade and restrictive covenants; and conflicts of law.

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Civil Fraud, Asset Recovery & Injunctive Relief

Tom practises extensively in civil fraud and examples of his current and recent work in this area can be found below.

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Pharmaceuticals

Complex jurisdictional and applicable law advice has been a key part of Tom’s multi-jurisdictional follow on damages practice ever since the seminal Provimi v Aventis case (still a leading jurisdiction authority), in which it is an invariable issue for consideration by Claimants and Defendants alike.

Tom has extensive experience of pharmaceuticals cases and examples of his current and recent work in this area can be found below.

His recent clients in this sector include: Pfizer, Eisai, Medtronic, BMS, Goldshield, Novartis, Sandoz, Teva, Aventis, Waymade, , Blue Bio, Remedy UK, Perrigo, Intermune, Gilead, Chemistree and Nutricia, Diomed and ABPI, PMCOPA, as well as the CPA, CHRE, MHRA, DoH, PCT/CCGss, in the pharmaceutical/medical devices/FSMPs field.

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Sport

Tom practises extensively in sports law and examples of his current and recent work in this area can be found below.

Tom has written (with Ravi Mehta) the Chapter in Lewis & Taylor on Sport on EU free movement rights.

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Media & Entertainment

Ever since pupillage with Ian Mill QC Tom has pursued a practice in Media & Entertainment, Sports and Broadcasting litigation, embracing matters such as record company and recording agreement disputes, restraint of trade, film finance, collecting society disputes, broadcasting disputes and advertising regulation.  Tom undertakes a wide range of related IP litigation, whether in copyright, trademarks, passing off and the like.

With the increasing intrusion of EU harmonization into IP and EU regulation (notably consumer regulation) and EU competition law into media and broadcasting, as well as sports, Tom’s expertise in these areas of cross-over has been increasingly called upon.  Tom regularly provides competition and EU advice in a media, sports, advertising and broadcasting context.

Tom has a broad media practice embracing film and music industry work, broadcasting regulation and the law of advertising.

Cases

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Telecommunications

Over the years Tom has been involved in a number of high profile telecommunications disputes, acting for, amongst others, O2, H3G, Vodafone, Virgin, 118 118, Lebara, Inmarsat, the MoD and Ofcom. 

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Sanctions

Tom has undertaken a broad array of sanctions work, advisory and litigated, in relation to both the EU sanctions regime and purely domestic measures. Tom’s EU sanction work before the GC/CJEU has concentrated principally on Iranian sanctions, acting for individuals/companies (Golparvar, NITC, Bank Saderat), but Tom has also worked on the EU Russian Crimean sanctions (Rosneft).

Domestically, pre-Brexit Tom worked extensively on Al Qaeda and terrorism related sanctions, particularly against the LIFG (Kamoka). Post-Brexit, Tom has advised both governmental and private individuals on the new UK (EU inspired) sanctions regime. Tom, is through his national security work as both a former special advocate and for claimants, is well placed to advise on the application of the Justice & Security Act 2013 to the domestic sanctions regime, a new issue likely to be at the forefront of current UK sanctions challenges.

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Achievements

Education

BA (Oxon), LLM (EUI)

Publications

  • Tom co-wrote three chapters in Lester & Pannick (ed), Human Rights Law & Practice (2nd ed). 
  • Tom wrote the chapter, Remedies, in B. Lang (ed), Administrative Court: Practice & Procedure. 
  • Tom wrote the chapter on Preliminary Rulings in Craig & de Burca, EU Law in Social and Political Context and rewrote the chapter in the 2nd edition with Catherine Donnelly.
  • Tom is a regular contributor to publications such as Judicial Review, on a wide range of public law topics. 
  • Tom is a regular speaker at seminars organised by bodies like PLP, Liberty, JUSTICE, ALBA and BEG. 
  • Tom is regularly involved in Human Rights training and lecturing for a wide variety of organisations, including JUSTICE and the GLS.
  • Tom co-wrote (with Robert Howe QC) the chapter on Confidential Information in Goulding (ed), Employee Competition: Covenants, Confidentiality and Garden Leave.
  • Tom regularly lectures on competition law, conflicts, fraud and other commercial topics and has published a number of articles on state liability claims.

Appointments

  • Chairman of the Bar European Group (2011-2013)
  • Committee Member of BEG and ALBA
  • Member of Bar Pro Bono board

Selected earlier reported cases

Public & Regulatory, Civil Liberties & Human Rights and EU law

  • Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs [2013] 1 AC 614
  • Barr v Biffa Waste Services [2012] 3 All ER 380
  • Gray v News Group Newspapers Ltd [2012] 2 WLR 848
  • Case C-446/09 Koninklijke Philips Electronics NV [2012] ETMR 13
  • Case C-503/09 Stewart v Secretary of State for Work & Pensions [2012] 1 CMLR 13
  • Case C-446/09 Philips [2012] Bus LR 1850
  • Case C-62/09 R(ABPI) v MHRA [2011] All ER (EC) 102
  • SS(Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547
  • R (Sinclair Collis) v Secretary of State for Health [2012] QB 394
  • R (Broom) v Secretary of State for Justice [2012] 4 Costs LO 504
  • R (Sainsbury’s Supermarkets Ltd) v Independent Review of the Advertising Standards Authority [2015] ACD 23
  • VB Penzugyi Lizing [2011] 2 CMLR 1
  • R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs Court of Appeal (Civil Division) [2010] EWCA Civ 65; [2010] 3 WLR 554

Competition

  • Historic car glass claims (3 separate actions – Jaguar, Saab and Volvo, claimants)
  • Industrial Bags (claimants)
  • Paraffin Wax for Total (Part 20 Defendant)
  • Vitamins Cartels: Tom acted for Aventis in five separate actions, four as defendants, one as Part 20 Defendant
  • LCD/CRT for Toshiba (Defendant)
  • The generic medicines cartel, acting for Goldshield (Defendant) in both civil and criminal proceedings

Telecommunications

  • Telefonica O2 UK Ltd v Ofcom [2010] CAT 25
  • Vodafone v BT [2010] EWCA Civ 391; [2010] Bus LR 1666
  • T-Mobile (UK) Ltd v Ofcom [2009] 1 WLR 1565

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