Tom Tabori

Year of call:
2011
Email:
tom.tabori@39essex.com

Clerks:
+44 (0)20 7832 1111

Tom Tabori accepts instructions in all areas of chambers’ work, with a particular interest in public and human rights law, commercial and construction, financial services and regulation, and regulatory and disciplinary law.

Prior to coming to the Bar, Tom worked in Parliament as Assistant, Caseworker and Writer in Residence to two MPs, whilst coordinating the All-Party Group on Debt, Aid and Trade. Tom also founded curriculum design project the Legal and Political Development Award, after becoming a Fellow of the RSA.

He is authorised for Direct Access, which means he can take work directly from members of the general public.

Administrative & Public


Tom is interested in all areas of public law, particularly regulatory and disciplinary law, but also civil liberties and human rights, education law, social security, immigration and asylum, housing, community care, electoral law and charity law.

  • Tom has particular expertise in human rights law and is on the executive committee of the Human Rights Lawyers Association (HRLA). His recent instructions include:
    • The art 2 challenge to an NHS Trust’s investigation into the suicide of a psychiatric patient, commuted straight to the Court of Appeal;
    • An art 2 of Protocol 1 (right to education) claim for judicial review of a university decision to refuse an overseas student a confirmation of acceptance to study;
    • A claim for damages for care home abuse;
    • Arts 5 and 8 claims for unlawful detention of mental health patients and immigration detainees;
    • An A1P1 claim by energy generators for removal of the renewable energy exemption to the Climate Change Levy
    • and another seeking judicial review of an Academy School’s refusal to readmit a student.
  • Tom takes instructions in all areas of electoral law. His recent update article, for candidates, parties and local authority returning officers, was published by Local Government Lawyer to coincide with the 2016 UK local elections. It is viewable via this link”.
  • Tom’s education law practice has developed a particular focus on higher education, and he is currently instructed in two cases, one on behalf of a university defending a judicial review claim for refusal to award a CAS to an overseas student, the other on behalf of student claiming damages for harassment, disability discrimination, failure to make reasonable adjustments, breach of contract and educational negligence. This complex case has also generated interesting Freedom of Information Act and quantum issues. Tom also has experience of:
    • SEN appeals;
    • School admissions appeals;
    • Claims against independent schools for breach of contracts for educational services;
    • Advice to LEAs on DfE changes to SEN funding;
    • Judicial review of academy school refusal to re-admit student;
    • Civil claim against university for damages for harassment, Equality Act breaches, breach of contract and educational negligence.
  • Tom has a broad practice in immigration, asylum and nationality law, particularly judicial review, but also in statutory appeals.
    • He recently appeared on behalf of the claimant at the oral renewal hearing of a challenge to refusal of leave to remain under s.10 Immigration and Asylum Act 1999, arising out of the English Testing Service scandal discovered by BBC’s Panorama. He is currently instructed in another such claim.
    • Tom also has particularly expertise immigration detention law, having drafted two chapters of Detention Under the Immigrations Acts (OUP, 2015), been instructed in two claims for damages for false imprisonment following detention for several years, and made bail applications on behalf of Bail for Immigration Detainees.
    • He regularly appears in the First-tier Tribunal (Immigration and Asylum Chamber), in appeals against refusals of applications for asylum entry clearance and under the points-based system.
    • Appeals against employer penalties issued under s.15 Immigration Asylum and Nationality Act 2006
  • Tom has a growing practice in Inquest law. He recently appeared on behalf of the bereaved family at a three-day inquest into a death in custody, in which Article 2 was engaged and the senior coroner presided. He also appeared on upon behalf of the mother of a premature baby who died after being discharged from hospital. He is currently instructed on behalf of a care home at an inquest into the death of an elderly resident.
  • In social security law, Tom’s recent instructions have included an appeal to the Upper Tribunal (Administrative Appeals Chamber) of wide significance. The appeal was selected to determine a point of law arising in a number of appeals concerning the Employment and Support Allowance Regulations 2008. Tom appeared successfully on behalf the appellant applicant for ESA.
  • Tom accepts instructions in all aspects of mental health law. His recent instructions include acting as junior counsel for an NHS Trust defending an art 2 JR challenge to its investigation into a suicide, a successful application for a displacement order, separate human rights damages claims for unauthorised deprivation of liberty and for care home abuse. He also has represented detained patients at mental health tribunals.
  • Tom’s community care practice has recently involved instruction as junior counsel in an application for judicial review of a local authority’s decision to close day centres as part of its reconfiguration of community care services, brought on grounds of breach of the public sector equality duty and duty to consult. Tom is regularly instructed by local authority adult services departments, advising on:
    • Care Act matters such as ordinary residence, safeguarding, judicial review challenges around eligibility and care assessments, and legal charges on properties;
    • Court of Protection matters;
    • Deprivation of liberty;
    • Mental Capacity Act matters;
    • Mental Health Act matters.

Regulatory & Disciplinary


Tom accepts instructions in regulatory and disciplinary matters. He has particular interest in financial services regulation and recently spent six successful months at the FCA, advising on a wide range of regulatory and disciplinary matters. He also successfully representing the FCA at its Regulatory Decisions Committee (akin to the First-tier Tribunal in other jurisdictions).

In disciplinary law, he drafted the pleadings and appeared at the preliminary hearings on behalf of a major international charity’s defending a claim by an expelled former trustee, involving issues of contract law, disciplinary procedures, natural justice and human rights.

He was recently appointed to the General Dental Council’s panel of counsel.

In the new (8th) edition of Harris on ‘Regulatory and Disciplinary Proceedings’, he drafted the ‘Healthcare’ chapter (with Alison Foster QC and Peter Mant), the chapter on ‘The Hearing’ (with Gregory Treverton-Jones QC and Jonathan Auburn), and the chapter on Disclosure and Confidentiality (with Gregory, Alexis Hearnden and Peter Mant).

Commercial/Construction


Tom accepts instructions in all areas of commercial and construction law.

He is currently instructed on behalf of the former CEO of a majority charity in a nearly £0.5 million High Court claim, defending allegations of (1) inaccurate expense claims; (2) dishonestly presented invoices; and (3) causing his employer to enter a contract thereby generating a secret profit.

He spent six months on secondment to the Financial Conduct Authority, as legal adviser to the FCA’s Credit Authorisations Division. There, he has managed a caseload of up to 60 cases and advised the FCA on structural questions relating to its authorisations procedures.

Tom’s recent instructions include advice and pleadings for a government agency being threatened with a claim in negligent misstatement by a former contractor. He regularly appears at the Royal Courts of Justice and Rolls Building in bankruptcy proceedings.

He experience ranges from advice on the correct interpretation and enforceability of a performance bond, to advising on debt problems and consumer protection. He appears regularly in court and undertakes pleading and advisory work.

Tom’s commercial and construction law experience also includes:

  • Advising on a claim under a PFI contract for the construction of a hospital brought by the main contractor against the NHS Trust, seeking liquidated damages.
  • Advising on liability for supply of defective goods in an international sale of goods case.
  • Assisting in an international arbitration dispute, turning on a contract law issue of election.

Civil Liability


Tom accepts instructions in a broad range of common law matters and acts for both claimants and defendants in small claims track, fast track and multi-track cases in the county courts.

He is currently instructed in a prospective claim by a residential support worker, stabbed ten times by a resident of the hostel.

Planning, Environment & Property


Tom was instructed on behalf of the Claimants in the Ocensa Pipeline Group Litigation, brought by 84 Colombian farmers against BP.

Call +44 (0)20 7832 1111 for more information

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