Thomas Ogg

Tom Ogg

Professional Summary

Called 2012

Contact Details

E T +44 (0)20 7632 8500 Clerk Lee Cutler Clerk Michael Smith Clerk Jaden Maloney E

Tom is a litigator and advocate. His practice focuses on the following areas:

  • Professional discipline and regulatory law, particularly in the financial services industry.
  • Employment.
  • Administrative law and local government, particularly relating to education, pensions, and investigation/inquiry matters.
  • Commercial, including contract/fraud, partnership, business protection and procurement matters.

Tom is the co-editor of Conduct and Pay in the Financial Services Industry: the Regulation of Individuals, with Richard Leiper QC.

He is a Barrister Director of the School Exclusion Project, and an Honorary Visiting Lecturer at the City Law School, University of London in relation to the same.

Specialisms

Professional discipline and regulatory law

Tom acts in a range of industries for individuals and regulators in both disciplinary cases and regulatory matters.  He has particular experience in financial services.  He has also acted in regulatory matters in the legal, education and accountancy fields.

Financial Services

Tom acts for and against the Financial Conduct Authority and Prudential Regulation Authority in a range of matters.

In the legal year 2013/14, Tom was seconded to the FCA, during which he sat in the Enforcement Division’s Legal Group and in the General Counsel Division. Whilst on secondment, Tom drafted submissions to the Regulatory Decisions Committee (RDC) and appeared at the FCA’s Regulatory Transactions Committee (RTC). In GCD, Tom drafted sections of the FCA Handbook.

Tom recently secured a discontinuance of proceedings following the FCA’s consideration of Tom’s written submissions for an RDC hearing.

Tom is frequently asked to advise and assist in the following areas:

  • Misconduct, approvals and regulatory investigations: Tom provides strategic advice in relation to both potential and actual regulatory investigations. He is often asked to opine on what a regulator’s view might be of particular misconduct, and whether any person has acted in breach of regulatory rules or guidance. That advice is often ask for in relation to current or future applications for approval, regulatory references, or employment matters (particularly an exit). Tom has previously worked on LIBOR cases and disciplinary proceedings brought against senior individuals, both in private practice and whilst seconded to the FCA. In private practice, he assisted the FCA disciplinary proceedings against the directors of Swinton Group Limited (Peter Halpin, Nicholas Bowyer and Anthony Clare). He is currently instructed in relation to allegations of market abuse and breaches of the listing rules.
  • Regulatory references: Tom is acting for a member of institutions in both litigation and policy development in this important and growing area.
  • Regulatory perimeter, unauthorised business, and compliance: Tom is regularly asked to advise on whether a particular set of arrangements, especially property arrangements, fall within the regulatory perimeter and if so to advise on regulatory compliance (for example, with consumer credit rules). Tom worked on a wide range of unauthorised business cases whilst seconded to the FCA’s Enforcement Division, and has been instructed by the FCA in relation to injunctions, restitution, limitation and perimeter issues in private practice.
  • The Senior Managers and Certification Regimes: Tom is often asked to assist with issues arising in relation to the new regulatory regime for individuals, the SMCR. His recent work includes advising senior managers on the SMCR (including in relation to their contracts of employment), and training lawyers on the requirements of the SMCR.
  • Remuneration: Tom is often asked to assist on remuneration issues from both a regulatory and common law standpoint, often including the drafting of remuneration policies.
  • Financial Ombudsman Service: Tom has represented the FCA in a judicial review of the FOS, and has advised in private practice on FOS determinations.

Tom has also worked on matters relating to financial promotions; supervisory powers such as OIREQs, OIVOPs, information requirements and skilled persons reports; the protected items regime; the FCA’s powers under FSMA; the public and private-law implications of FCA decisions; international co-operation matters; mutuals; authorisations; the Equality Act 2010 duties in financial services; and changes of control.

Legal

Tom has experience of cases in the Solicitors Disciplinary Tribunal, the regulatory framework and the relevant case-law.

Education

Tom has advised on matters including disciplinary proceedings against by Ofqual against recognised bodies, National College of Teaching and Leadership proceedings against teachers, and a variety of matters relating to the governance of academies and local authority maintained schools.

Accountancy 

Tom has acted in a range of cases concerning questions of compliance with accountancy standards, including the International Financial Reporting Standards.

Employment

Tom advises and acts in the full range of employment tribunal, County Court and High Court proceedings, including matters relating to restrictive covenants, penalty, and statutory employment law. He regularly appears in multi-day trials in the Employment Tribunal, particularly in relation to whistleblowing.

Tom is particularly sought-after by individuals and firms in the financial services industry on account of his expertise in both financial regulation and employment law, on which Tom frequently advises in tandem. He also regularly acts for NHS Trusts and organisations in the care sector.

Examples of Tom’s work include:

  • Re a PLC. Tom acted for two individuals bringing whistleblowing unfair dismissal claims against senior individuals in a FTSE 100 company, including at an interim relief hearing.
  • Mills v East Sussex Healthcare NHS Trust.  An unfair dismissal case in which the claimant successfully secured re-instatement.
  • Manu v DRS Care Homes Limited.  A whilstleblowing unfair dismissal case.
  • Re B. Advised a senior broker on a potential constructive unfair dismissal whistleblowing claim, and associated issues relating to deferred remuneration.
  • Re Y (Singapore). Acting for the defendants in proceedings relating to allegations of an unlawful means conspiracy, breach of restrictive covenants and fiduciary duties in proceedings issued in the Subordinate Courts of the Republic of Singapore.
  • Johnson v Lloyds Bank plc. Acted successfully for Lloyds in this disability discrimination, reasonable adjustments and unfair dismissal claim.
  • Hall v Santander. Acted successfully for Santander in this unfair dismissal claim.

Commercial

Tom’s commercial practice includes contract/fraud, partnership, business protection, and procurement. He appears in County Court and is often asked to draft pleadings. He is often asked to advise on commercial disputes in the regulated sector.

Contract / fraud: appeared in a number of contractual claims in the County Court, including claims for fraud and debt claims. Tom advises on contentious bonus matters. He has advised on a range of misselling claims including in relation to foreign-exchange accumulators and interest-rate hedging products.

Business protection: advised on a range of issues relating to confidential and privileged information, restrictive covenants and competitive threats.

Company & Partnerships: Tom has advised on a range of company matters including the removal of directors. He has advised on the liabilities and property of partners in both LLPs and general partnerships.

Procurement: advised on a range of procurement matters, including relating to award criteria and modifications to contracts. Tom was instructed by the Treasury Solicitor to assist in Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin), a judicial review relating to an alleged breach of the public procurement rules.

Administrative Law, local government and pensions

Tom is instructed to act in a range of administrative law matters, including regulatory and education matters described elsewhere in this profile.

Tom has particular experience of the Firefighters Pension Schemes and issues relating to injury awards.  He completed a lengthy investigation in relation to the payment of injury awards at Buckinghamshire and Milton Keynes Fire Authority in 2015, the interim report for which is available here. He has advised a number of fire authorities on similar matters.

In 2016, Tom was instructed to act for the FCA, who was an interested party in a judicial review of the Financial Ombudsman Service brought by Admiral Wealth Management. He has separately advised in private practice on FOS determinations.

Tom was instructed by the Treasury Solicitor to assist in the preparation of the evidence for the judicial review R(C) v Secretary of State for Work and Pensions [2014] EWHC 2403 (Admin).

Tom has advised on questions of ordinary residence in the care context. He has also advised on the law of highways.

Investigations & Inquiries

Tom accepts instructions to undertake investigations and inquiries, either as sole investigator or as part of a team of professionals.

In early 2015, Tom completed a long-running inquiry as sole investigator into accounting issues relating to the payment of injury awards at Buckinghamshire and Milton Keynes Fire Authority.  His interim report is available here.

Tom was required to assess the scale of the financial problem; identify opportunities to discover the accounting failure; detail the factual circumstances in which the error came about; and to make recommendations.

Tom also has experience of a number of investigations and proceedings arising from investigations relating to the Financial Conduct Authority.

Education

Tom’s education law practice encompasses discrimination claims, contractual issues, and special educational needs. He has a particular specialism in exclusions. Prior to joining the Bar, Tom was a teacher at the London Boxing Academy Community Project, for teenage boys, many of whom had been permanently excluded from school.

Tom has appeared in the First-Tier Tribunal and the County Court in relation to his education work.

News, Articles and Publications

Tom is the co-editor of Conduct and Pay in the Financial Services Industry: the Regulation of Individuals, (with Richard Leiper QC), Informa from Routledge, 2017.

Boxing Clever, (2012), Civitas.  This book describes Tom’s career prior to the Bar, in which he was a teacher at the London Boxing Academy Community Project in Tottenham, North London, a school which catered for teenagers who had been expelled from mainstream schools.

A New Secret Garden? Alternative Provision, Exclusion and Children’s Rights, (2010), Civitas.

Tom Ogg, Anna Zimdars, and Anthony Heath (2009) ‘Schooling effects on degree performance: a comparison of the predictive validity of aptitude testing and secondary school grades at Oxford University’, British Journal of Educational Research, Vol. 35(5) pp.781 – 807 (concerning the impact of attending either a state school or an independent school upon performance in final examinations at Oxford University).

Tom is an editor of 11KBW’s Financial Regulation Briefing.

Education

University of Oxford, BA (Hons) Politics, Philosophy and Economics (PPE), Corpus Christi College.

University of Oxford, MSc Sociology, Nuffield College.

City, University of London, Graduate Diploma in Law.

City, University of London, Bar Professional Training Course.

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Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Thomas Ogg

VAT Number: GB 167442494

Legal Status: Sole Practitioner

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