Tom’s practice encompasses the whole spectrum of public law challenges. He has particular expertise in human rights issues, standards in public life and cases involving challenges to decisions of regulatory bodies. He regularly appears in the Court of Appeal and Administrative Court instructed on behalf of companies, central government, local authorities, public interest groups, individuals and regulators.
Tom undertakes a large amount of work in the Privy Council, in particular contract and constitutional law cases, and capital appeals. He has acted for most of the Governments in the Caribbean on many high-profile cases.
Tom is recognised by Chambers & Partners and Legal 500 as a leading junior in Administrative and Public Law, Civil Liberties and Human Rights and Immigration. Recent comments in the directories have included:
“super clever, charming and an excellent advocate”, “very good at what he does”, “fantastic intellect”, “absolutely thorough and reliable”, “very fair and very knowledgeable”, “tends to handle the state’s work and he’s excellent at that”, and “has a very measured manner in court and comes across as very authoritative and calm. He’s pleasant, he’s on top of everything and he produces excellent written material”.
Notable Public, Administrative and Constitutional cases
MA (Pakistan) [2018] 4 WLR 55
Acting (alone) as lead counsel on behalf of the Home Secretary in six test cases in the Court of Appeal concerning the operation of the Home Secretary’s evidential flexibility policy. The Court of Appeal’s judgment notes that Tom gave the Court a “clear and helpful overview of the field”.
Chandler v Trinidad and Tobago [2018] UKPC 5
Acting (alone) instructed on behalf of the Director of Public Prosecutions in Trinidad & Tobago in a capital appeal to the Privy Council. The main issue raised on appeal was whether it was in the interests of justice to allow the appellant to raise diminished responsibility for the first time on appeal, and many years after trial, having advanced an entirely contrary defence at trial.
Sexius v Attorney General of Saint Lucia [2017] 1 WLR 3236
Acting (alone) in an appeal to the Privy Council. The judgment in this case is now the defining judgment in respect of the scope of the right to silence and its interplay with the right to a fair trial.
Stubbs v Queen [2018] 3 WLR 1638
Acting (with Peter Knox QC) instructed on behalf of the Director of Public Prosecutions of the Bahamas. The appeal engaged the fair trial provisions in the Bahamian constitution, which are based on the ECHR, and set down important guidance as to the appropriateness of trial judges sitting on appeals.
Pitman v Trinidad and Tobago [2018] AC 35
Acting (with Peter Knox QC) in a capital appeal to the Privy Council. The appeal considered the common law rule that a sentence of death should not be imposed on a mentally impaired person.
