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Tom Fairclough

Call 2015

"thorough, knowledgeable and always approachable"

Legal 500 2024
Contact Tom
+44 (0)20 7822 1200
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Expertise

Tom practises across the full spectrum of commercial work, including multi-track and High Court trials, injunctions and a variety of applications. Recent examples are below.

During his time at the Supreme Court, Tom worked on, inter alia, Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (on which Tom co-authored a chambers’ case note, available here, and authored a piece in the Cambridge Law Journal, available here); and Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (on which Tom co-authored a case note, available here).

 

Notable Commercial cases

Acting as junior counsel (led by Charles Dougherty KC) in proposed group litigation arising out of allegations of ‘defeat devices’ affecting vehicle performance.

Acting as junior counsel in a claim worth c £600m+ involving questions of contractual interpretation, transferred loss, and agency.

Acting as sole counsel in a High Court claim relating to an alleged Singaporean commercial fraud.

Acting as sole counsel in a High Court claim against a group of companies, all in administration, seeking declarations and/or remedies for breach of contract, deceit, and misrepresentation.

Acting as sole counsel in a High Court claim involving significant battle of the forms issues.

Acting as sole counsel in a High Court claim involving questions of breach of contract, liens, and conversion.

Acting as junior in an ex parte application for a worldwide freezing order involving allegations of unlawful means conspiracy, deceit, and breach of contract.

Acting as sole counsel in a breach of contract claim relating to a sunken vessel.

Tom has been instructed in numerous preliminary and multi-day final hearings before the Employment Tribunal involving, for example, issues of gross misconduct, directors, constructive dismissal, notice and holiday pay, and the impact of Covid-19 on working patterns. Tom has also worked on cases involving breach of confidentiality and restrictive covenants.

Recent and current work includes successfully defending a rail company (unled) in a discrimination trial (and obtaining a costs order of over £30,000), acting (led by Niazi Fetto KC) in the three-week trial of H v Ministry of Defence 2601422/2020, and being instructed in the proposed appeal in Rubery v Ministry of Defence 3312963/2021.

Whilst at the Supreme Court, Tom worked on cases including Uber BV v Aslam [2021] UKSC 5; Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8; and Asda Stores Ltd v Brierly [2021] UKSC 10.

In June 2020, Tom gave a webinar on vicarious liability following new Supreme Court judgments (available here) and in July 2022 gave a webinar on Equality Act 2010 claims and limitation (available here).

Tom has worked on cases involving coverage and subrogation disputes in relation to commercial property, financial fraud, fees charged by financial institutions, and litigation funding agreement insurance.

Notable Insurance cases

Acting (led by Howard Palmer KC) in an arbitration relating to policy coverage and cancellation clauses.

Advising (led by Howard Palmer KC) on an insurance policy designed to cover multi-million pound litigation funding investments.

Colley v Shuker & Ors [2020] EWHC 3433 (QB)

Being led by Marie Louise Kinsler KC in Colley v Shuker and ors [2020] EWHC 3433 (QB), which concerns the scope and effect of European Union insurance law Directives.

Acting as sole counsel in an insurance coverage dispute including allegations of fraud and raising questions about restitutionary principles.

Frequently acting in coverage disputes, particularly where fraud is in issue.

Tom practises across the full spectrum of personal injury litigation. He has advised on and acted in matters involving injuries sustained abroad, employers’ liability, complex procedural applications, public authority liability, and multi-defendant cases with indemnity disputes. He is happy to consider work on a CFA basis and is particularly interested in cases involving alleged breaches of duty by the state.

Notable Personal Injury cases

Acting as junior counsel (led by David Turner KC, Clare Dixon KC, and Isabel Barter) in litigation arising out of the Grenfell Tower fire.

Being instructed as junior counsel in long running litigation involving a multi-million pound personal injury claim with complicated questions of EU law.

Advising on novel duties of care.

Advising in relation to novel psychiatric injury claims.

Acting for a Defendant in an industrial disease claim with ten other Defendants.

Acting in a range of construction site accident cases involving multiple defendants and indemnity issues.

Tom has a busy private international law practice, specialising in cases where conflict of laws issues arise. He is happy to consider instructions on a CFA basis. His recent work examples can be seen below.

Whilst at the Supreme Court Tom worked on cases such as and Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (on which Tom co-authored a case note) and Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11 (on which Tom co-authored a Practical Guide).

Notable Private International Law cases

Acting as junior counsel (led by Charles Dougherty KC) in a disputed Hague Evidence Convention matter.

Acting (led by Will Clerk) in an ex parteworldwide freezing order matter with jurisdiction and applicable law issues.

Acting in a contested registration of a foreign judgment involving allegations of fraud in Singapore worth over $1,500,000.

Advising and acting in a case involving a sunken vessel, breach of contract, and three jurisdictions.

Advising and acting in a contribution claim involving foreign applicable law and an arbitration agreement.

Drafting applications (with supporting witness statements) applying to serve Claim Forms out of the jurisdiction.

Acting in product liability matters involving the territorial scope of domestic legislation.

Frequently acting in Part 11 jurisdiction challenges.

Advising on jurisdiction matters including burden and standard of proof and the scope of the PD6B Gateways.

Frequently acting in matters involving disputes as to the content of foreign law.

Acting in lis pendens and forum conveniens

Tom has worked in matters involving a range of product liability issues. He is currently instructed (as sole counsel and led) in a range of cases involving Parts 1 and 2 of the Consumer Protection Act 1987, in particular their operation post-Brexit.

Notable Product Liability cases

Acting as junior counsel (led by David Turner KC, Clare Dixon KC, and Isabel Barter) in litigation arising out of the Grenfell Tower fire.

Acting as junior counsel (led by Charles Dougherty KC) in proposed group litigation arising out of allegations of ‘defeat devices’ affecting vehicle performance.

Instructed as sole counsel in litigation relating to an allegedly defective household electrical product that allegedly caused severe personal injury. This matter involves disputes as to the content of foreign law.

Assisting more senior counsel in litigation relating to allegedly defective diving equipment. This matter involves disputes as to the content of foreign law.

Assisting Charles Dougherty KC and Isabel Barter with Wilson v Beko plc[2019] EWHC 3362 (QB), the leading case on the interrelation between Parts 1 and 2 of the Consumer Protection Act 1987.

Tom’s professional negligence practice includes dealing with allegations against a wide range of professionals, including accountants, solicitors and surveyors.

Notable Professional Negligence cases

Acting as junior counsel (led by David Turner KC, Clare Dixon KC, and Isabel Barter) in litigation arising out of the Grenfell Tower fire.

Acting for an accountant in disciplinary proceedings brought by their regulatory body concerning alleged breaches of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Acting in multiple solicitors’ negligence cases, one of which recently led to a drop hands offer from the Claimant after the Defence was filed and served.

Representing a surveyor at trial in a matter involving disputes over breach, causation, and the correct measure of loss.

Advising in a construction dispute that had allegedly led to substantial diminution in value to the Claimant’s property.

Tom has extensive experience in public law. His doctorate focused on administrative law and he has published with Hart, the Cambridge Law Journal, Judicial Review, and the UK Constitutional Law Blog. Tom’s work was recently cited in the Independent Review of Administrative Law report, chaired by Lord Faulks KC.

Tom supervised administrative law at the University of Cambridge for seven years and is a member of the Attorney General’s ‘Junior Junior’ Scheme. Tom’s recent work examples are below.

Whilst at the Supreme Court, Tom worked on cases including R (Miller) v The Prime Minister [2019] UKSC 41; R (Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government [2020] UKSC 16; AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17; and R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46.

At the Supreme Court Tom was invited to be part of a small team that produced materials for the Justices on European Union law post-Brexit.

Notable Public Law cases

Advising on the state’s positive obligations under the Human Rights Act 1998.

Advising in relation to a regulatory body’s disciplinary procedure’s compatibility with procedural fairness requirements.

Acting (led by Niazi Fetto KC) in a matter concerning the Human Rights Act 1998 and the Employment Tribunal’s jurisdiction.

Acting as junior counsel to Marie Louise Kinsler KC in a High Court matter that requested, inter alia, a reference to the CJEU.

Advising on the state’s positive obligations under the Human Rights Act 1998.

Advising in relation to a regulatory body’s disciplinary procedure’s compatibility with procedural fairness requirements.

Acting as junior counsel to Marie Louise Kinsler QC in a High Court matter that requested, inter alia, a reference to the CJEU.

Working on the Brook House Inquiry.

Working on Napier Barracks litigation.

Tom has an exceptionally busy travel law practice, specialising in cases where conflict of laws issues arise. At the beginning of his third year of practice he was ranked as one of six ‘Rising Stars’ in the field by Legal 500.

He has particular expertise in Montreal Convention, Athens Convention, Warsaw Convention, and accident abroad cases. Tom is happy to consider instructions on a CFA basis. His recent work can be found below.

    Whilst at the Supreme Court Tom worked on cases such as and Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (on which Tom co-authored a case note) and Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11 (on which Tom co-authored a Practical Guide).

    Notable Travel Law cases

    Advising (led by Meghann McTague) in a personal injury claim involving a yachting accident and the Athens Convention.

    Instructed by the Claimants in a multi-day trial applying foreign law with a KC acting for the Defendant.

    Frequently acting in Part 11 jurisdiction challenges for both Claimants and Defendants.

    Frequently advising on jurisdiction matters including burden and standard of proof and the scope of the PD6B Gateways.

    Drafting applications (with supporting witness statements) applying to serve Claim Forms out of the jurisdiction.

    Often acting in matters, including to trial, involving disputes as to the content of foreign law.

    Advising and acting in a contribution claim involving foreign applicable law and an arbitration agreement.

    Advising on the Hague Evidence Convention and the requirements for witnesses to give evidence from abroad.

    Acting in a range of holiday claims raising Montreal Convention, holiday sickness, and conflicts of laws issues.

    Significant Cases

    Acting as junior counsel (led by David Turner KC, Clare Dixon KC, and Isabel Barter) in litigation arising out of the Grenfell Tower fire.

    Acting as junior counsel (led by Charles Dougherty KC) in emissions litigation.

    Acting as junior counsel (led Marie Louise Kinsler KC) in Colley v Shuker and ors [2020] EWHC 3433 (QB).

    Acting as junior counsel (led by Charles Dougherty KC) in a disputed Hague Evidence Convention matter.

    Privacy Policy

    Tom Fairclough Privacy Policy

    My contact details:

    ICO Reg No: ZA503542
    Address: 2 Temple Gardens, London, EC4Y 9AY
    Email: clerks@2tg.co.uk
    Phone: +44 (0)20 7822 1200

    The type of personal information I collect

    To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

    Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

    Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

    Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

    Where necessary, I may also need to process Special Category data about you including

    • racial or ethnic origin;
    • personal data revealing political opinions;
    • personal data revealing religious or philosophical beliefs;
    • personal data revealing trade union membership;
    • genetic data;
    • biometric data (where used for identification purposes);
    • data concerning health;
    • data concerning a person’s sex life; and
    • data concerning a person’s sexual orientation.

    How I get the personal information and why I have it

    Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

    I use the information that you have given me in order to

    • provide legal services to you, my client, including the provision of legal advice and
    • representation in courts, tribunals, arbitrations, and mediations
    • keep accounting records and carry out office administration
    • take or defend legal or regulatory proceedings or to exercise a lien
    • respond to potential complaints or make complaints
    • check for potential conflicts of interest in relation to future potential cases
    • promote and market my services
    • carry out anti-money laundering and terrorist financing checks
    • train other barristers and pupils, and when providing work-shadowing opportunities
    • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

    I may share this information with

    • other professional advisers such as other legal professionals and consultant experts and other witnesses
    • courts and tribunals
    • the staff in my Chambers
    • prosecution authorities
    • pupils and mini pupils
    • lay clients
    • family and associates of the person whose personal information I am processing
    • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
    • other regulatory authorities
    • current, past or prospective employers
    • education and examining bodies
    • business associates, professional advisers and trade bodies, e.g. the Bar Council
    • professional indemnity insurers or brokers
    • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
    • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
    • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
    • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

    Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

    • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
    • You are able to remove your consent at any time. You can do this by contacting me.
    • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

    How I store your personal information

    Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

    In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

    The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

    All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

    Your data protection rights

    Under data protection law, you have rights including:

    • Your right of access – You have the right to ask me for copies of your personal information.
    • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
    • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
    • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
    • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
    • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
    • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

    Transfer of your information outside the European Economic Area (EEA)

    This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

    Changes to my Privacy Policy

    From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

    Marketing

    As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

    How to complain

    If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

    The ICO’s address:

    Information Commissioner’s Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF

    Helpline number: 0303 123 1113
    ICO website: https://www.ico.org.uk

    © Briefed Ltd 2021. All Rights Reserved.

    Contact Tom
    +44 (0)20 7822 1200
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    "…an exceptional lawyer throughout"

    Legal 500 2023

    "…very strong on…advocacy, commercial vision… sophistication of work and client service"

    Legal 500 2023

    • AHRC Scholarship, University of Cambridge
    • Administrative Law Bar Association Scholarship
    • Exhibition Award & Duke of Edinburgh Scholarship, Inner Temple
    • Sweet & Maxwell Law Prize, University of Reading
    • Chancellor’s Prize, University of Reading
    • The Blandys’ Prize, University of Reading

    • PhD, Gonville & Caius College, Cambridge
    • LLM (Distinction), University College London
    • LLB (Hons) (First), University of Reading

    “Tom is thorough, knowledgeable and always approachable”
    Legal 500 2024

    “Tom is very strong on each of the following: advocacy, commercial vision, level of expertise and sophistication of work and client service. Tom is an exceptional lawyer throughout.”
    Legal 500 2023

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