Tom Cross

Professional Summary

Called 2007

Contact Details

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

Tom is one of the leading juniors at the UK Bar. He practises in the fields of public, commercial, and employment law. He has been listed in the directories in six areas: Administrative & Public Law (including Local Government law), Civil Liberties & Human Rights, Education, Data Protection, Professional Discipline and Regulatory Law, and Employment Law.

He appears in courts and tribunals at all levels up to the Supreme Court. In all his areas of practice, he acts both for claimants and defendants. His private and public sector clients range from major companies to private individuals, governments, and regulatory bodies. He is appointed Counsel to the Crown (B 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.

Specialisms

Commercial

Tom has considerable experience in handling a broad range of commercial contract claims across his substantive areas of practice, including claims involving business protection, the protection of privacy and confidential information, and reputation management. In addition, much of Tom’s administrative and regulatory law work has a commercial focus.

Examples of his work in this field include:

R (RCMA Stratford Ltd) v Secretary of State for Business, Energy, and Industrial Strategy
Industry dispute involving the setting of tariff payments for the generation of renewable heat

Advising and acting for Universities in contractual and / or tortious claims against them by students

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

R (on the application of Duff) v Secretary of State for Transport
[2015] EWHC 1605 (Admin)
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

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

Education

Tom is ranked as a leading junior at the UK Bar in this field (Chambers and Partners and Legal 500). He acts for and advises all parties, including HEIs, schools, local authorities, parents, young people, and interest groups. His work includes both private (including commercial) and public law disputes. He has recently been instructed in a number of the more important Upper Tribunal appeals concerning special educational needs and the disability discrimination jurisdiction of the First-Tier Tribunal. He is co-author of Education and the Courts (Jordans: forthcoming).

Examples of his work in this field include:

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

EC v North East Lincolnshire Local Authority
[2015] UKUT 648 (AAC) [2016] E.L.R. 109
Proper approach of special educational needs tribunal to parents’ choice of school

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

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

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

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 

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

Employment

Tom has been ranked as a leading junior at the UK Bar in this field (Chambers and Partners). He frequently appears in the Court of Appeal, EAT, High Court and ET, often in the more complex and higher value cases. His expertise includes all forms of discrimination, whistleblowing, wrongful dismissal, unfair dismissal, business protection claims, disciplinary hearings, and employment-related aspects of public law. He has particular expertise in the field of religious discrimination, and is co-author of the leading practitioner text The Protections for Religious rights: Law and Practice (OUP: 2013).

Examples of his work in this field include:

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?

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

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

European Union

Tom has a substantial practice in the field of EU law, both in its own right and as a natural adjunct to his practices in the areas of commercial and public law. He advises and represents all parties, both in the private and public sectors. He is experienced in claims seeking a Reference to the CJEU in a variety of substantive fields, including environmental and planning law, discrimination and employment law, and information and data protection law. He was recently instructed to defend what many regard as the most important constitutional case involving EU law in decades: R (Miller) v Secretary of State for the European Union, in which it was argued that the giving of notice under Article 50 of the Treaty on European Union would be contrary to domestic law.

Examples of his work in this field include:

R (Miller) v Secretary of State for the European Union [2017] UKSC 5 – 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 contrary to freedom of movement principles in EU law; what does Art 50 TEU mean?

 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

Secretary of State for Business, Energy and Industrial Strategy v Information Commissioner and Henney (CA, forthcoming): what is the scope of “environmental information” in EU law?

Craven v Information Commissioner [2015] EWCA Civ 454, [2015] 1 WLR 5316: what is a “manifestly unreasonable” information request under EU law?

Human Rights

Tom is ranked as a leading junior at the UK Bar in this field (Chambers and Partners). He acts for all parties, at all levels up to the Supreme Court, and in cases involving a wide range of subject-matter. He is an acknowledged expert in the field of religious liberty, and is co-author of The Protections for Religious Rights: Law and Practice (OUP: 2013). He is experienced in challenges brought in the Strasbourg Court itself as well as in the domestic courts. His expertise in all matters human rights complements his more general expertise in public law.

Examples of his work in this field include:

Poshteh v Kensington and Chelsea Royal LBC
[2017] UKSC 36 [2017] 2 WLR 1417
Whether the Supreme Court should follow the decision of the European Court of Human Rights in Ali v UK, which held that Article 6 of the ECHR applied to homelessness decisions

Smith v Carillion (JM) Ltd and Secretary of State for Business, Innovation and Skills
[2015] EWCA 209 [2015] IRLR 467
Whether the UK’s protections against trade union blacklisting comply with Article 11 ECHR

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

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

Information

Tom is ranked as a leading junior at the UK Bar in this field (Chambers and Partners). He advises and represents data controllers and data processors in relation to their obligations under the Data Protection Act 1998, including when faced with regulatory action, and for the regulator (the Information Commissioner) in such actions. He has particular experience in breach of confidence and privacy claims involving the common law tort of misuse of private information and / or the European Convention on Human Rights, both as standalone claims and where an information law issue arises as part of a wider dispute. He is also vastly experienced in disputes concerning the Data Protection Act 1998, the Freedom of Information Act 2000, and the Environmental Information Regulations 2004, and has acted for the Information Commissioner, public authorities, and requesters in numerous First-tier and Upper tribunal cases concerning the same.

Examples of his work in this field include:

Secretary of State for Business, Energy and Industrial Strategy v Information Commissioner and Henney
(CA, forthcoming): what is the scope of “environmental information” in EU law?

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 Duff) v Secretary of State for Transport
[2015] EWHC 1605 (Admin)
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

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

 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

 

Media & Data Privacy

Tom is ranked as a leading junior at the UK Bar in the Data Protection field (Chambers and Partners). His wide experience in information law makes him well placed to advise or represent any party on a data protection or privacy issue, including involving the online or traditional media. His data protection and privacy experience in the courts extends both to injunction and damages claims. In this as in all areas he is able to draw on a wealth of wider experience in public, EU and commercial law.

Examples of his work in this field include:

A v B
Whether the accessing of personal information on a computer in connection with undue influence proceedings should be restrained by injunctive relief, applying Tchenguiz v Imerman principles

Regularly advising companies to ensure that their HR policies comply with the DPA

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 DPA

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

 

Professional Discipline & Regulatory

Tom is ranked as a leading junior at the UK Bar in this field (Legal 500). He has a wealth of experience both in proceedings concerning the discipline of individuals and the regulation of companies and industry, including in the environmental, education, health, pharmaceutical and financial sectors. He acts for a number of the major regulators and for persons and companies subject to their regulation.

Examples of his work in this field include:

Jenyo v General Medical Council
[2016] EWHC 1708 (Admin)
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

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

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

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

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

 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

 

Public

Tom is ranked as a leading junior at the UK Bar in this field (Legal 500). He is particularly noted for his ability to provide commercial advice in a public law context, but his work embraces a wide range of substantive fields, including commercial judicial review, community care, constitutional law, data protection, education, environmental, freedom of expression, health, housing, licensing, local government, planning, prisons, professional discipline and social security. He acts for all parties at all levels up to the Supreme Court. He is expert in advising and representing regulated bodies in challenges to regulatory decisions, and is appointed Counsel to the Crown (B Panel). He was instructed by the Government to defend what many regard as the most important public law case in decades: R (Miller) v Secretary of State for the European Union.

Examples of his work in this field include:

Poshteh v Kensington and Chelsea Royal LBC
[2017] UKSC 36 [2017] 2 WLR 1417
Whether the Supreme Court should follow the decision of the European Court of Human Rights in Ali v UK, which held that Article 6 of the ECHR applied to homelessness decisions

R (Miller) v Secretary of State for the European Union [2017] UKSC 5 – 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

(on the application of Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2016] EWCA Civ 797 – what is the meaning of ‘environmental damage’ in the Environmental Liability Directive (2004/35)?

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

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

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

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 (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

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” programmeR (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

 

Recommendations

“Tom has a razor-sharp intellect and a great feel for the forensic dynamics of a case.”

“Incredibly user-friendly, extremely authoritative and very quick to get the issues.”

“A standout barrister, he fights the client’s corner very hard.” Chambers & Partners

“He responds well to pressure and is remarkably efficient in turning urgent work around.”

“Capable, intelligent and good with clients; particularly strong in environmental and education law.” Legal 500

“Absolutely top-notch. There is a lot of balancing of risk in his advice, and lots of nuance.”

“He has gone to hearings and fought our corner effectively. He’s brilliant at reassuring fraught clients and when issues come up he takes a positive view.”

“Exceptionally bright and very good at interpreting the law.” Chambers & Partners

“Incredibly thorough and very well prepared.”

“A slick performer with a very impressive grasp of public law and excellent communication skills.” Legal 500

“You naturally trust him”

“He’s very pleasant, down to earth, easy to understand and practical.”

“Thoughtful and effective – that more or less sums him up” Chambers & Partners

“Highly recommended” Legal 500

“Provides quality personalised legal service and is nationally recognised by solicitors in the public and private sector.”

“Offers clear legal advice, provides a quick turnaround of papers and doesn’t shirk hard work.”

“He was responsive to our needs, and his advice was clear, concise and practical.” Chambers & Partners

“He has an exceptionally approachable and supportive manner, and an ability to draft documents of the highest quality”. Legal 500

Cases

Poshteh v Kensington and Chelsea Royal LBC
[2017] UKSC 36 [2017] 2 WLR 1417
Whether the Supreme Court should follow the decision of the European Court of Human Rights in Ali v UK, which held that Article 6 of the ECHR applied to homelessness decisions

Zahid v Manchester University
[2017] EWHC 188 (Admin)
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
[2017] UKSC 5
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

(on the application of Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales
[2016] EWCA Civ 797
What is the meaning of ‘environmental damage’ in the Environmental Liability Directive (2004/35)?

Jenyo v General Medical Council
[2016] EWHC 1708 (Admin)
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) [2016] E.L.R. 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)
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)

News, Articles & Publications

Co-author of the leading practitioner text Education and the Courts (Jordans: forthcoming)

Co-author of the leading practitioner text: The Protections for Religious Rights: Law and Practice (OUP: 2013)

Co-author of Judicial Review (Supperstone, Goudie and Walker) (5th Edn: 2014)

Co-author of The Law of Regulatory Enforcement and Sanctions (OUP: 2011)

Written for a wide range of publications including the European Advocate, the Education Law Journal, and the Times.

Appointed part-time Visiting Lecturer at the City University, where he taught the law of torts (2008-9).

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, published by the Council of Europe.

Education

The Queen’s College, University of Oxford (MA, Modern Languages, Double First Class Honours)

City University, London (CPE, Distinction)

Birkenhead School

Other

He was awarded a Lord Bowen Scholarship, a Lord Denning Scholarship, and a Hardwicke Award by Lincoln’s Inn.

In 2007 he was made Peter Duffy Human Rights Scholar by the Bar European Group.

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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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