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  • Tom Cross
    Areas of Practice

  • Commercial
  • Commercial - Business Protection
  • Commercial - Commercial Contract
  • Commercial Judicial Review
  • Education
  • Employment
  • European Union
  • Health & Community Care
  • Human Rights
  • Information
  • Media Law
  • Pensions
  • Procurement and State Aid
  • Professional Discipline and Regulatory Law
  • Public
  • Public International Law
  • Sport
  • Activity from
    Tom Cross

  • Recent cases

    Clive Sheldon QC and Tom Cross in landmark Supreme Court human rights case

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    High Court gives guidance on role of the OIA for Higher Education

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  • Article

    Education case law update by Tom Cross

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    The Law of International Custom in the case law of the House of Lords and the United Kingdom Supreme Court

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  • News

    Tom Cross discusses freedom of expression in local government

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    Appointments to the Attorney General’s Panel of Counsel

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  • Podcast

    Education case law update (11KBW Local Authority Conference 2015)

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Tom Cross

Tom Cross

Tom Cross

Practice Overview

Tom Cross practises in public and human rights law in its broadest sense (particularly encompassing commercially-focused judicial review, education, information law, prisons, community care, healthcare, planning, and licensing), in the law on professional discipline and regulation, and in all aspects of employment and business law.

He frequently appears in courts and tribunals at all levels up to the Supreme Court. His private and public sector clients range from private individuals to major companies, governments, and regulatory bodies. He is appointed Junior Counsel to the Crown (B Panel), Panel Counsel to the Welsh Government (B Panel), Panel Counsel to the Equality and Human Rights Commission, and is on the Information Commissioner’s Panel of Counsel. Some of his recent reported cases are listed below.

With listings across the directories in the six fields of: Administrative & Public Law (including Local Government law), Civil Liberties & Human Rights, Education, Data Protection, Professional Discipline and Regulatory Law, and Employment Law, Tom is a leading junior at the UK Bar. Chambers & Partners and the Legal 500 say he is “a standout barrister”, “absolutely top-notch”, “exceptionally bright”, “a razor-sharp intellect”, “a slick performer”, “extremely authoritative”, “incredibly thorough and very well prepared”, “very good at interpreting the law”, and “very quick to get to the issues”. He is “incredibly user-friendly”, with “an exceptionally approachable and supportive manner”, “excellent communication skills”, “a great feel for the forensic dynamics of a case”, and "the ability to draft documents of the highest quality”. He is “very pleasant, down to earth, easy to understand and practical”, “very willing to help, responsive and accessible”, and “likeable and easy to deal with". He provides “a quality personalized legal service”, “a quick turnaround of papers” and “doesn't shirk hard work".  “You naturally trust him”, and “when issues come up he takes a positive view”.

He is co-author of the leading practitioner text: The Protections for Religious Rights: Law and Practice (OUP: 2013), a co-author of Judicial Review (Supperstone, Goudie and Walker) (5th Edn: 2014), and a co-author of The Law of Regulatory Enforcement and Sanctions (OUP: 2011). He has written for a wide range of publications including the European Advocate, the Education Law Journal, and the Times. During 2008-9 he was appointed part-time Visiting Lecturer at the City University, where he taught the law of torts. From 2009-2010 he served as one of the first Judicial Assistants at the UK Supreme Court, where he worked for Lord Collins of Mapesbury, with whom he has more recently written The law on international custom in the case law of the UK Supreme Court, due to be published by the Council of Europe.

Cases

Poshteh v Royal Borough of Kensington and Chelsea
[2017] UKSC 36; Times, May 16, 2017
Should the Supreme Court follow the clear conclusion of a Chamber of the European Court of Human Rights?

Zahid v Manchester University
[2017] EWHC 188 (Admin) [2017] ACD 44
The leading authority on the relationship between the Courts and the Office of the Independent Adjudicator for Higher Education

R (Miller) v Secretary of State for the European Union
[2016] EWHC 2768 (Admin) HC, November 3 2016 [2017] 2 WLR 583; [2016] HRLR 23; Times, November 9 2016
Whether the UK Government could use the foreign affairs prerogative to trigger Article 50 TEU

R (Shindler) v Chancellor of the Duchy of Lancaster
[2016] EWCA Civ 469, CA, May 20 2016, Times, June 7 2016
Whether the EU referendum franchise was lawful; what does Art 50 TEU mean?

R (Project Management Institute) v Minister for the Cabinet Office
[2016] EWCA Civ 21, [2016] 1 WLR 1737
Unique judicial review challenge to a decision to recommend a grant of the Royal Charter

R. (on the application of Seiont, Gwyrfai and Llyfni Anglers' Society) v Natural Resources Wales
[2016] EWCA Civ 797; CA, August 1 2016; [2017] Env LR; -[2017] 1 CMLR 8
What is the meaning of ‘environmental damage’ in the Environmental Liability Directive (2004/35)?

Jenyo v General Medical Council
[2016] EWHC 1708 (Admin); QBD, July 13 2016; (2016) 152 BMLR 122
Circumstances in which subjective dishonesty may be inferred by a professional regulatory Tribunal

Loutfi v General Medical Council
[2016] EWHC 1620 (Admin)
Concerning the proper scope and nature of expert evidence in medical disciplinary proceedings 

EC v North East Lincolnshire Local Authority
[2015] UKUT 648 (AAC); UT (AAC), November 20 2016; [2016] ELR 109
Proper approach of special educational needs tribunal to parents’ choice of school

Yassin v General Medical Council
[2015] EWHC 2955 (Admin)
What is the degree of particularisation required of dishonesty charges in professional disciplinary proceedings?

R (on the application of Duff) v Secretary of State for Transport
[2015] EWHC 1605 (Admin); QBD, June 12 2015; [2015] RTR 28
Whether a requirement of the DVLA that a car parking enforcement company become a member of an Accredited Trade Association, in order to obtain data from the vehicle register, was lawful

Aslam v Travelex (UK) Ltd
[2015] ICR D21, UKEAT/0028/15/LA (EAT)
When can an employment tribunal lawfully dismiss a claim for non-payment of tribunal fees?

Dransfield v Information Commissioner; Craven v Information Commissioner
[2015] EWCA Civ 454, [2015] 1 WLR 5316
What is a “vexatious” or “manifestly unreasonable” request for information under the Freedom of Information Act 2000 / the Environmental Information Regulations 2004?

R (on the application of Friends of the Earth England, Wales and Northern Ireland Ltd) v Welsh Ministers
[2015] EWHC 776 (Admin) [2015] P.T.S.R. D28
Concerning the proper approach to considering “reasonable alternatives” to a proposal subject to Strategic Environmental Assessment under EU law

Smith v Carillion (JM) Ltd and Secretary of State for Business, Innovation and Skills
[2015] EWCA 209 [2015] IRLR 467 When is a worker contract to be inferred in agency cases between client and end-user; whether the UK’s protections against trade union blacklisting comply with Article 11 ECHR, with Daniel Stilitz Q.C.

R (on the application of Forge Care Homes Ltd) v Cardiff and Vale UHB
[2015] EWHC 601 (Admin), (2015) 8 CCLR 39
Concerning the division of responsibility between local health boards and local authorities in Wales for the funding of nursing care

C v Governing Body of I School
[2015] UKUT
When are impairments excluded from the definition of disability in the Equality Act 2010; what are the circumstances in which a child’s exclusion from school can constitute a failure to make reasonable adjustments

McCarthy v Bar Standards Board
[2015] EWCA Civ 12
Whether the conviction for forgery of a former barrister should be quashed

Bayliss v Secretary of State for Justice
[2014] EWCA Civ 1631
Whether the quashing of an indeterminate sentence for public protection gave rise to a damages claim under s.8 of the HRA

Peninsula Business Services Limited v Information Commissioner & Ministry of Justice
[2014] UKUT 284 (AAC)
Whether details of bodies or persons who were parties to employment tribunal proceedings were required to be disclosed under the Freedom of Information Act 2000

R (on the application of Lonsdale) v Bar Standards Board
[2014] EWHC 4353 (Admin)
Whether a disciplinary tribunal had power to make a costs award against an unsuccessful defendant, where the costs in question were those of the tribunal itself

JG v Lord Chancellor
[2014] EWCA Civ 656 [2014] Fam. Law 1097
When is the Legal Aid Agency obliged to fund expert evidence in private law family proceedings?

R (on the application of Dennehy) v Ealing LBC
[2013] EWHC 4102 (Admin) [2014] B.L.G.R. 269
Whether a decision sanctioning a Councillor for comments about an Indian community breached his freedom of expression under Article 10 ECHR

R (Abedin) v Secretary of State for Justice
[2014] EWHC 78 (Admin)
Whether a person convicted of a terrorism offence was lawfully recalled to prison

Manchester City Council v JW
[2014] UKUT 168 (AAC) [2014] ELR 304
Circumstances in which a tribunal can order a local authority to maintain a Statement of Special Educational Needs

Bedale Golf Club Ltd v Revenue and Customs Commissioners
[2014] UKUT 99 (TCC) [2014] BVC 512
Concerning the award of wasted costs in the First-Tier tax tribunal

R (Members of the Committee of Care North East Northumberland) v Northumberland County Council
[2013] EWCA Civ 1740 (2013) 157(46) SJLB 37
Leading case on approach local authorities must take to setting of fees for private care home operators

Ajad v City of London Police
Whether a person convicted of rape 24 years ago should be removed from the sex offenders register

N v London Borough of Barking and Dagenham and others
Whether alleged disclosure between care professionals of a father’s gender reassignment was a breach of the Data Protection Act 1998

R (on the application of London Borough of Ealing) v Joint Committee of Primary Care Trusts
[2013] EWHC 3255 (Admin) (2014) 135 BMLR 128
Judicial review challenge to the reconfiguration of North West London hospitals, with Clive Sheldon QC

Stadium Capital Holdings No 2 v Secretary of State for Communities and Local Government
[2013] EWHC 3548 (Admin)
Whether the National Planning Policy Framework applies to decisions about advertisement control

R (SA) v London Borough of Camden
[2014] ELR 29 [2013] EWHC 3152 (Admin)      
Concerning the duty of an independent schools exclusions panel when the parties agree as to a desired outcome of an appeal

Roberts v Information Commission and Cabinet Office
EA/2013/0245
Whether correspondence between the Prime Minister and the Archbishop of Canterbury should be publically released under the Freedom of Information Act 2000

R (Mehey and others) v Visitors to the Inns of Court
[2014] ACD 39 [2013] EWHC 3097 (Admin)
Whether tribunals which had convicted barristers were validly constituted, with Paul Nicholls QC

Harrow Council v AM
[2013] UKUT 157 (AAC) [2013] ELR 351
When local authorities are obliged to make mainstream schools suitable for children with special educational needs

Aderemi v London and South Eastern Railway Ltd
[2013] EqLR 198
Appeal to the Employment Appeal Tribunal concerning the proper approach to the definition of disability under the Equality Act 2010

Woodford v Olympus Corporation
Employment Tribunal, May 2012
High profile whistleblowing claim raising issues of extra-territorial jurisdiction of employment tribunals, with John Cavanagh QC

Independent Police Complaints Commission v Warner
[2012] EWHC 271 (QB)
Injunction proceedings concerning the entitlement of public authorities to sue in the tort of misuse of private information to protect the Article 8 rights of third parties

R (on the application of Friends of Bellingham Surgery Ltd) v Northumberland Care Trust
CO/5467/2011
Judicial review challenge to cuts to particularly rural GP surgeries in Northumberland

R (on the application of Cheshire East Borough Councils and one other) v Secretary of State for the Environment
[2011] EWHC 1975 (Admin) [2011] NPC 92
Judicial review challenge to decision of DEFRA to withdraw funding from a part-procured major waste infrastructure project, with Nigel Giffin QC

R (on the application of Luton Borough Council & Others) v Secretary of State for Education
[2011] EWHC 217 (Admin)
Judicial review of the Secretary of State’s decision to withdraw funding for the “Building Schools for the Future” programme, with Peter Oldham QC

R (on the application of Ahmed) v Law Society
(CO/6895/2010)
Challenge to a decision of a Law Society Adjudicator that two solicitors had failed to provide adequate professional services to a client

R (on the application of Savva) v Royal Borough of Kensington and Chelsea
[2010] EWCA Civ 1209
Whether and to what extent an authority is obliged to give or offer reasons in awarding community care to the vulnerable, as junior counsel

Bury Metropolitan Borough Council v Usman
[2010] UKUT 406 (AAC)
Whether the First-Tier Tribunal is entitled under s.316 of the Education Act 1996 to consider the suitability for mainstream education of a child with Special Educational Needs

R (on the application of Boyle) v Haverhill Pubwatch
[2009] EWHC 2441 (Admin)
Whether the banning decisions of so-called "Pubwatch" organisations can be amenable to judicial review

R (on the application of Bristol City Council) v Bristol City Magistrates Court
[2009] EWHC 625 (Admin)
Leading authority on the determination of premises licence applications under the Licensing Act 2003 (junior counsel)


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Professional title: Barrister


Full name (as registered with Bar Standards Board of England and Wales):
Tom Cross


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