Tom van der Klugt

Year of call:
2019
Email:
tom.vanderklugt@39essex.com

Clerks:
+44 (0)20 7832 1111

Tom accepts instructions across all of chambers’ practice areas. Before transferring to the Bar, Tom trained as a commercial solicitor at Freshfields, qualifying into the firm’s litigation practice with a specialism in environmental, product liability and regulatory disputes. He worked on a number of major corporate investigations and class actions, as well as general commercial litigation and advisory pieces.

Tom appears regularly in court and has also appeared extensively in the First-tier Tribunal (Asylum Support) as a volunteer advocate with the Asylum Support Appeals Project.

Public & Regulatory


Tom has appeared in over thirty appeal hearings in the First-tier Tribunal (Asylum Support).

During pupillage he assisted on a variety of public law matters, including:

  • A potential judicial review in relation to UK government funding of foreign government agencies via EU funding mechanisms;
  • A potential judicial review in relation to compliance with the EU implementing regime for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
  • Court of Protection hearings in relation to mental capacity issues and brain death;
  • Appeals to the Court of Appeal and the Supreme Court in relation to immigration matters.
  • Advisory work in relation to a number of national security law issues;
  • Advisory work in relation to the powers of a UK regulator and a UK professional body;
  • A Francovich damages claim relating to the EU regulatory regime for medicines;
  • A judicial review in relation to the release of prisoners on licence;
  • A potential judicial review of a funding decision by the Legal Aid Agency.

Environmental & Planning


During pupillage Tom assisted on a number of environmental law matters, including:

  • Advice in relation to the importation of goods under the EU implementing regime for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
  • Legal research into the validation process in the context of planning applications.
  • A judicial review brought by a local community group in a relation to a planning decision.

Whilst a solicitor at Freshfields, Tom acted for a vehicle manufacturer on the defence of high profile group litigation and related regulatory proceedings.

Civil Liability


Tom regularly appears in court and has experience of Fast Track trials, small claims hearings, applications, infant settlement approval hearings, directions hearings and CCMCs.

During pupillage he worked on a variety of civil matters including:

  • Advice on complex duty of care issues, including in relation to secondary victims, hospital referral processes, and in relation to liability for acts of third parties;
  • Drafting pleadings and a skeleton arguments in relation to litigation concerning employers’ liability and the “six-pack” health and safety regulations.

Commercial & Construction


During pupillage Tom assisted on a variety of commercial and construction matters, including:

  • An IT contract dispute in relation to IT service supplied to a public body;
  • A contractual dispute in relation to a public procurement contract;
  • Research into “No Oral Modification” clauses and estoppel arguments in relation to a construction dispute arbitration.
  • Trademark litigation relating to the design of a medical product;
  • A partnership dispute involving both limited liability partnership structures and duties under the Partnership Act 1890.

Whilst a solicitor at Freshfields, Tom worked on a number of corporate investigations and commercial disputes.

Tom 's Practice Areas


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

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