Thomas  Thomas

Barrister: Thomas Jones

Call:
2015

Education:
LLB Law and French (Cardiff University - ranked first place on programme); LLM European Law (College of Europe); BPTC (City Law School - Lord Justice Holker Scholarship, Norman Tapp Prize for Excellency in Advocacy, Peter Bristow Scholarship, Overseas Scholarship).

Tom is a busy common law practitioner who appears in court on a daily basis across the full range of Chambers’ practice areas. The breadth of his practice has made him an adaptable and comfortable advocate.

He graduated first place on the Law and French programme at Cardiff University, was awarded the top first in the year for his undergraduate dissertation and won the university mooting competition. Prior to coming to the bar, Tom worked as a Research Assistant at the Law Commission of England and Wales and as a stagiaire at the European Court of Justice. He studied for the BPTC at City Law School, for which he was awarded four awards. 

Outside of work, Tom sings second tenor with the London Welsh Male Voice Choir and is learning Welsh. He is a Trustee of the Lord Edmund Davies Legal Education Trust, a Welsh social mobility charity which encourages students from disadvantaged backgrounds to aspire to legal careers.

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Personal Injury and Clinical Negligence

Tom has a broad and diverse personal injury practice. He represents both claimants and defendants in employer liability, road traffic, product liability, occupier liability and Highways Act claims. He is also familiar with claims brought under the Montreal Convention and the Package Travel Regulations. He is regularly instructed to advise on liability, evidence and quantum in fast track and multi-track cases.

Tom also accepts instructions in clinical negligence. In pupillage, Tom spent two months with the Head of the Clinical Negligence Team with whom he drafted advices and pleadings in complicated clinical negligence matters including failure to diagnose claims and cosmetic surgery negligence.

Prior to joining 9 Gough Square, Tom taught tort law to undergraduates at Queen Mary, University of London.

Commercial

Tom frequently appears in the County Court in claims for possession, rental arrears and breach of contract, conditional fee agreements and credit hire agreements.

Public

Tom has a particular interest in Public Law. Tom studied European Law at the College of Europe and worked as a stagiaire at the European Court of Justice to the UK Advocate General, Eleanor Sharpston. At the European Court of Justice, Tom assisted with Shepherd C-472/13 (whether a military deserter can claim asylum), Bank Mellat C-176/13 (whether banks should be annulled from the EU’s Iranian nuclear proliferation sanctions list) and Opinion 2/15 (whether the EU has exclusive competence to conclude a Free Trade Agreement with Singapore). He later became a legal advisor within the European Law department at an international law firm in Brussels. 

Tom is a member of the Attorney General ‘Junior Junior’ Panel and the Welsh Government Junior Barrister Public Law Panel. He is regularly instructed by Government departments, local authorities and public bodies. In pupillage, Tom won a Phoenicia Scholarship from the Bar European Group to attend a conference in San Sebastian on the impact of Brexit on the European regions. 

He later became a legal advisor within the European Law department at an international law firm in Brussels. 
Tom is a member of the Attorney General ‘Junior Junior’ Panel and the Welsh Government Junior Barrister Public Law Panel. He is regularly instructed by Government departments, local authorities and public bodies. In pupillage, Tom won a Phoenicia Scholarship from the Bar European Group to attend a conference in San Sebastian on the impact of Brexit on the European regions. 

Recent Cases

  • G v. MB [ongoing]: Tom is currently being led in a professional negligence claim against a firm of solicitors for negligent advice in respect of an undervalued personal injury claim.
  • TY and FY v. T [2019]: Tom successfully represented the Claimants in this fast track trial, despite low-velocity evidence, and successfully recovered two sets of fixed costs pursuant to section IIIA of CPR 45.
  • A v. SR [2018]: Tom acted for the Defendant in this successful strike out application. The court accepted Tom’s submissions that the claim was an abuse of the court’s process as the Claimant was seeking to re-litigate a previously litigated claim contrary to the principle of res judicata. This entitled the Defendant to full costs in circumstances where fixed costs would ordinarily have applied. 
  • H v. MA [2018]: Tom successfully represented the Claimant solicitor’s firm in a money claim arising out of the Defendant’s early termination of his Conditional Fee Agreement.

Children

In public law proceedings, Tom acts for local authorities, parents, prospective adopters and children’s guardians in all aspects of care, adoption and other public law proceedings. He has appeared in cases of neglect, substance misuse, non-accidental injury and child abuse. He also regularly represents local authorities in designation arguments. He has experience of drafting statements of reasons and skeleton arguments in respect of permission to appeal applications to the Court of Appeal. In pupillage, Tom assisted with advice on the recognition of foreign adoption in English law.

In private law proceedings, Tom represents parents seeking child arrangements, non-molestation and occupation orders.

Finance

Tom receives instructions in financial remedies disputes including at first appointments, Financial Dispute Resolution hearings and Final Hearings. Tom is a member of the Family Law Team in Chambers and the Family Law Bar Association.

Recent Cases

LBG v. L [2018]: Tom represented a new born baby in an urgent review hearing in circumstances where the court had not sanctioned the child’s move to a new placement prior to it occurring. 
  • LBG v. L [2018]: Tom represented a newborn baby in an urgent review hearing in circumstances where the court had not sanctioned the child’s move to a new placement prior to it occurring. 
  • E v. E [2018]: Tom represented the wife in avoidance of disposition order application pursuant to section 37 of the Matrimonial Causes Act 1973.
  • LBH v. CD [2018]: Tom acted for the local authority initially at the interim care order hearing, which was transferred to the High Court in respect of applications for collection, location and attendance orders.
  • LBE v. L [2018]: Tom acted for the local authority throughout care proceedings involving parents with a long-standing history of domestic violence. The case concluded at the issues resolution hearing with the reunification of the children with the mother. 

 

Court of Protection

Prior to joining 9 Gough Square, Tom worked as a Research Assistant at the Law Commission of England and Wales on the reform of the Deprivation of Liberty Safeguards. The Law Commission recommended replacing the DoLS with the Liberty Protection Safeguards, along with a series of wider reforms to the Mental Capacity Act. Tom was responsible for conducting research, policy development and drafting instructions to Parliamentary Counsel. The Mental Capacity (Amendment) Bill was introduced to the House of Lords in July 2018, adopting in whole or in part the principal recommendations of the Law Commission.  
Tom has developed a busy Court of Protection practice, particularly in cases involving the deprivation of liberty of young adults. He accepts instructions from the Official Solicitor, the Office of the Public Guardian, family members, deputies, attorneys and private individuals. He is a member of the Court of Protection team in Chambers and the Court of Protection Practitioners Association. 
Prior to joining 9 Gough Square, Tom worked as a Research Assistant at the Law Commission of England and Wales on the reform of the Deprivation of Liberty Safeguards. The Law Commission recommended replacing the DoLS with the Liberty Protection Safeguards, along with a series of wider reforms to the Mental Capacity Act. Tom was responsible for conducting research, policy development and drafting instructions to Parliamentary Counsel. The Mental Capacity (Amendment) Bill was introduced to the House of Lords in July 2018, adopting in whole or in part the principal recommendations of the Law Commission. 
 
Tom has developed a busy Court of Protection practice, particularly in cases involving the deprivation of liberty of young adults. He accepts instructions from the Official Solicitor, the Office of the Public Guardian, family members, deputies, attorneys and private individuals. He is a member of the Court of Protection team in Chambers and the Court of Protection Practitioners Association. 
Tom has undertaken the Inns of Court College of Advocacy training on vulnerable witnesses.

Recent cases

  • AH v. CCC and C&P CCG [2018]: Tom was instructed by the respondent local authority in s. 21A Mental Capacity Act 2005 proceedings relating to whether it was in P’s best interests to live and receive care at her existing placement, against her wishes and feelings, or at home. 
  • LBN v. R-B [2018]: Tom acted for the local authority in this deprivation of liberty application in respect of a child associated with gangs in East London. The application was made under the inherent jurisdiction of the High Court.
  • LBKUT v. R [2018]: Tom acted for the local authority in this deprivation of liberty and recovery order application in respect of a missing child considered to be at risk of child criminal exploitation.
  • LBN v. A [2018]: Tom acted for the local authority in this deprivation of liberty application in respect of a child considered to be at risk of being killed by a petrol bomb.

Crime

Tom regularly prosecutes and defends in the Magistrates’ Court and Crown Court in London and across the South East. He has been appointed to the CPS Grade I Panel; the CPS Extradition Grade I Panel and the C Panel of Regulatory Advocates. He is instructed with growing frequency in driving defence cases. In pupillage, Tom assisted with R v. Hayes [2018] EWCA Crim 682, in which the Court of Appeal set down guidelines on how courts should approach tainted gifts during confiscation proceedings.

Police

Tom has represented police forces in respect of proceeds of crime proceedings, injunctions to prevent gang-related violence, Female Genital Mutilation Orders, Forced Marriage Prevention Orders and Sexual Harm Prevention Orders. He has advised the Metropolitan Police in writing on whether historic cautions should be deleted from the Police National Computer. He also regularly acts for the police in disclosure matters between the criminal and family courts.

Recent cases

S v. S [2018]: Tom represented the Metropolitan Police in a public interest immunity application in respect of a sensitive crime report on the basis that its disclosure would have a damaging effect upon the health of a third party. Tom’s skeleton argument was described as a model summary of the applicable law by the judge.
MPS v. S [2018]: Tom represented the Metropolitan Police in this High Court application for a Forced Marriage Prevention Order in respect of two children suspected of being removed from the jurisdiction to be married against their will. 
Transport for London v. JMJ [2018]: Tom prosecuted a taxi driver who refused to accept a booking from a disabled person accompanied by his assistance dog contrary to section 170 of the Equality Act 2010. 
R v. I [2018]: Tom prosecuted a Defendant charged with theft, assault of a police constable, disorderly behaviour and common assault. He was convicted on all four charges. 
R v. M [2018]: Tom defended a driver with a 9-point endorsement on his licence at the time of the offence. He received a 14-day discretionary disqualification in lieu of a further 3-point endorsement.
  • S v. S [2018]: Tom represented the Metropolitan Police in a public interest immunity application in respect of a sensitive crime report on the basis that its disclosure would have a damaging effect upon the health of a third party.
  • MPS v. S [2018]: Tom represented the Metropolitan Police in this High Court application for a Forced Marriage Prevention Order in respect of two children suspected of being removed from the jurisdiction to be married against their will. 
  • Transport for London v. JMJ [2018]: Tom prosecuted a taxi driver who refused to accept a booking from a disabled person accompanied by his assistance dog contrary to section 170 of the Equality Act 2010. 
  • R v. I [2018]: Tom prosecuted a Defendant charged with theft, assault of a police constable, disorderly behaviour and common assault. He was convicted on all four charges. 
  • R v. M [2018]: Tom defended a driver with a 9-point endorsement on his licence at the time of the offence. He received a 14-day discretionary disqualification in lieu of a further 3-point endorsement.

 

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