Tom Tom

Barrister: Tom Rainsbury

Call:
2010

Education:
Winchester College; LLB Law (University College London) (First Class); LLM Law (University of Cambridge, Fitzwilliam College); Bar Vocational Course (BPP Law School); Prince of Wales Scholarship Gray's Inn); David Karmel Scholarship (Gray's Inn)

Overview:

Tom is building a thriving and varied practice.

He represents a wide range of clients, including individuals, corporate bodies, local authorities and public organisations.

He has recently been appointed to the Attorney General’s ‘C Panel’ of Junior Counsel to the Crown, a role which will involve advising and representing the Government.

He prides himself on providing clients with the highest standards of advocacy and advice at all times.

He is in court on a frequent basis, and has appeared in many types of tribunal up and down the country. He is often praised by judges for his sound judgement and persuasive submissions.

Alongside his court practice, he also undertakes pleading and advisory work in many areas. He aims to provide advice in a clear, coherent and pragmatic manner, and enjoys grappling with difficult points of law.

Before joining Chambers, Tom graduated from University College London with a First Class degree in Law. He also holds a Masters in Law from the University of Cambridge, where he specialised in commercial and human rights law. He has been awarded the Prince of Wales Scholarship and David Karmel Scholarship by Gray's Inn. He has also worked at the European Court of Human Rights in Strasbourg and the International Criminal Court in The Hague.

Tom is willing to undertake work on a CFA basis in appropriate cases and is happy to provide lectures on all aspects of his practice. He is also a Panel Member for the Bar Pro Bono Unit.

Outside of Chambers, Tom enjoys sport, sailing, art and travel.

Civil:

Tom advises and represents clients in all aspects of civil litigation.

He frequently appears in the County Court, First-Tier Tax Tribunal, and Queen’s Bench Division, as well as civil cases in the Magistrates’ Court. When not in court, he advises on issues such as liability, quantum, evidence and tactics.

His expertise includes personal injury, professional negligence, tax, property, employment, and court of protection proceedings.

Negligence

Tom has extensive experience in personal injury, including road traffic accidents, employers’ and occupiers’ liability, highways and Animals Act claims.

He is familiar with the issues which commonly arise in such cases including arguments about credibility, reasonableness, credit hire, fixed costs and QOWCS.

He is a member of the PIBA pro bono scheme for permission applications to the Court of Appeal in personal injury cases.

He is also developing growing expertise in clinical and professional negligence.

Recent cases include:

  • VH (2016) - acting in a claim under the Law Reform (Miscellaneous Provisions) Act 1934, involving a loss of amenity claim for injuries sustained at the end of life;
  •  JM (2016) - advising on the recoverability of damages for pure psychiatric loss, following a serious assault at work;
  • TB (2015) - advising in a clinical negligence case on the non-delegable primary duty of care in Cassidy v Minister of Health and its application beyond NHS health authorities;
  • WB (2015) - advising and drafting pleadings in a case involving a fatal accident at a care home;

Tax litigation

Tom is developing a specialist practice in tax litigation.

He often advises and acts in litigation arising from tax assessments under the Taxes Management Act 1970.

He is also instructed by the Director of Border Revenue in condemnation proceedings and appeals against decisions not to restore excise goods and vehicles.

Recent cases include:

  • MB (2015) – successful application for a freezing order to cover a tax liability of £800,000;
  • JO (2015) – appeared in the First-Tier Tax Tribunal in an appeal against a decision not to restore a Mercedes car used to smuggle 100 kg of tobacco;
  • BG (2016) – contested condemnation proceedings against a large quantity of wine and beer which had been seized at Dover;
  • IR (2016) – successful applications for third party debt orders in the QBD, following judgment for a tax liability of over £300,000;
  • ZAC Ltd (2016) – appeared in the First-Tier Tax Tribunal in an appeal against a decision not to restore excise goods – the Tribunal provided important guidance on ‘assumed’ confirmation under s.15(2) of the Finance Act 1994.

Property litigation

Tom’s core property practice includes possession proceedings, boundary disputes, injunctions, long lease extension, and damage claims.

Alongside this, Tom is developing a niche practice in civil recovery proceedings, which often involve issues such injunctive relief, tracing and equitable interests.

Recent cases include:

  • SB (2016) – a claim against a local authority under s.11(1) of the Landlord and Tenant Act 1985 and s.4 of the Defective Premises Act 1972;
  • JR (2015) – advised on liability for damage caused by extensive flooding whilst a property was marketed by estate agents;
  • HC (2015) – advised on the construction of s.45 of the Housing Act 1988 (to determine whether a s.21 notice had been validly served by a ‘landlord’)

Employment

Tom has a growing practice in employment law. His experience covers common areas such as unfair and wrongful dismissal, discrimination and harassment.  

Recent cases include:

  • KR (2015) – Advising a teacher in challenging the lawfulness of her employer’s policy to pay less occupational pay to adoptive parents than non-adoptive parents;
  • HC (2015) – Advising an employee at a well-known City firm on the reasonableness of his employer’s capability procedure;
  • DW (2015) – Advising a teacher on the prospects of bringing a claim for unfair dismissal, following an inspection report.

Court of Protection

Tom is a member of the Court of Protection Team, and is eager to develop further expertise in this area. He co-writes the 9 Gough Square Court of Protection Blog. 

Criminal:

Tom has a busy and varied criminal practice.

He regularly appears in the Magistrates' Court and Crown Court, both prosecuting and defending.

He has experience of all stages of the criminal process, including preliminary hearings, PCMHs, mentions, bail applications, breach proceedings, trials, sentencing, and appeals.

He often acts for vulnerable individuals, including those with mental health issues.

He is skilled at identifying innovative and persuasive legal arguments and is interested in the overlap between criminal and human rights law.

Before joining Chambers, Tom was an intern to Sir Adrian Fulford at the International Criminal Court in The Hague.

He has particular expertise in fraud, regulatory and driving offences.

Fraud offences

Tom was recently instructed as a prosecution junior in one of the largest ever fraud prosecutions brought by the Department of Work and Pensions. It was alleged that multiple defendants had defrauded the Access to Work Scheme over a long period of time. The case was heard in two trials at Southwark Crown Court, one lasting 3 months, and one lasting 6 weeks. Most of the defendants were profoundly deaf.

In 2013, he spent 6 months as a Senior Crown Prosecutor in the Welfare, Rural and Health Division at the CPS (now part of the Central Fraud Division). During this period, he gained experience and expertise in fraud, social security and money laundering law.

Other recent cases include prosecutions for the fraudulent exportation of weed seeds to the USA and Japan, and fraudulent claims under the EU’s Single Payment Scheme.

He is currently acting in cases which involve allegations of cyber crime, mortgage fraud and high-level money laundering.

Regulatory offences

Tom has a specialist practice in food and agriculture prosecutions.

He is often instructed in cases prosecuted under the Welfare of Animals (Slaughter or Killing) Regulations 1995, the Marketing of Fresh Horticultural Produce Regulations 2009 and the Eggs and Chicks (England) Regulations 2009.

He is also eager to expand his regulatory practice into new fields.

Recent cases include:

  • R v RM (2016) - prosecution of a slaughterman for the offence of causing avoidable excitement pain and suffering to an animal;
  • R v ZG (2015) - first successful prosecution of a wholesaler for failing to comply with egg marketing compliance notices;
  • R v SK (2015) - prosecution of the director of a supermarket for displaying horticultural produce which was not compliant with EU marketing standards;
  • R v RP (2015) - prosecution of an egg wholesale company for altering the best-before dates on approximately 40,000 eggs.

Driving offences

Tom often represents defendants who are accused of driving offences. He is skilled at identifying persuasive legal arguments in this area, and has a great deal of experience in making submissions to mitigate sentence.

Notable cases include:

  • BM v CPS (2015) - acted in an appeal by way of case stated (duty to give reasons and construction of s.172 RTA 1988). He was commended by the Administrative Court for his ‘clear and forceful written and oral submissions’;
  • R v MO (2014) - prosecution of a tram driver for dangerous driving (preliminary issue of public importance as to whether trams can be ‘driven’).

POCA:

Tom is developing a specialist practice in proceeds of crime.

His experience comprises three main areas: civil recovery, cash forfeiture and confiscation.

Civil recovery

Tom is a Consultant Barrister with the National Crime Agency.

He advises on claims for civil recovery brought under Part 5 POCA 2002. These are multi-track civil proceedings in the High Court. They enable state agencies to recover ‘recoverable property’, which is property obtained through unlawful conduct.

Recent cases include case management hearings in the Queen’s Bench Division and representing the Agency in securing a Property Freezing Order over 13 properties with a net value of £920,000.

Forfeiture

Tom is instructed by the Home Office to pursue applications for cash forfeiture under s.298 POCA 2002.

He has conducted hearings in both the Magistrates’ Court and, on appeal, in the Crown Court.

Recent cases include:

  • HO v JS (2015) – instructed to pursue an appeal against a decision not to forfeit £27,000 in cash seized from the defendant’s home. The appeal was held in Court 1 of the Old Bailey, and allowed with costs;
  • HO v GE (2015) - successfully resisted an application for £100,000 in compensation in cash forfeiture proceedings.

Confiscation

Tom prosecutes and defends cases where confiscation is anticipated or ultimately pursued. Much of his criminal work involves offences of an acquisitive nature.

He is extremely familiar with the principles and arguments which operate in this area, and has advised on issues such as statutory assumptions, hidden assets, living expenses, the scope of s.6(6) POCA 2002, and enforcement.

For example, he recently prosecuted a fraud case which resulted in a confiscation order of over £100,000 (the criminal benefit was determined as £288,000).

Public:

Tom has recently been appointed to the Attorney General’s ‘C Panel’ of Junior Counsel to the Crown.

He has a long-standing interest in public law.

He has experience of advising, drafting and appearing in both judicial review proceedings and appeals by way of case stated.

His areas of expertise include human rights, immigration, information law and public procurement.

Tom often advises public authorities on issues such as risk and disclosure.

Prior to joining Chambers, Tom worked at the European Court of Human Rights in Strasbourg for 3 months. He was responsible for reviewing a significant number of cases at both the admissibility and substantive stages.

He is a regular contributor to the Administrative Court Digest, having provided the following digests: [2011] ACD 12, 18, 27, 28, 46, 65, 93; [2012] ACD 6, 19, 51, 84; [2013] ACD 29, 32, 55, 94; [2014] ACD 9, 34, 77 and; [2015] ACD 18, 90.

He is a member of the Administrative Law Bar Association and the Human Rights Lawyers Association.

Recent cases include:

  • BM (2015) - acted for the appellant in an appeal by way of case stated in the Administrative Court, involving arguments about the duty to give reasons;
  • SR (2015) - acted for a respondent police authority in an application for a mandatory injunction for disclosure;
  • KR (2015) - advised on the lawfulness of a local authority’s policy to pay adoptive parents less occupational pay than non-adoptive parents;
  • PW (2015) - application to exclude evidence on the ground that it had been unlawfully obtained contrary to the Data Protection Act 1998;
  • RN (2013) - junior counsel in a judicial review claim against the LSC’s decision to reject a tender for legal aid work.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

Follow us

twitter   rss

Subscribe to our updates

Subscribe email

Search