Tom Tabori

Tom is interested in all areas of public law, particularly civil liberties and human rights, equalities, education, social security, immigration and asylum, housing, community care, electoral, regulatory and disciplinary, and actions against the police.

He appears for both claimants/applicants and defendants/respondents and was appointed to the Attorney General’s London C Panel in January 2019, the London B Panel in July 2021 and the London A Panel in September 2024. He is a Consultant Editor of the Election Law volume of Halsbury’s Law of England and General Editor of Shackleton on the Law and Practice of Meetings.

Cases of note

• R (Alhasan) v (1) Director of Legal Aid Casework, (2) Lord Chancellor [2024] EWHC 2031 (Admin) – sole counsel for the Lord Chancellor in article 14 and irrationality challenge to the legislation governing entitlement to legal aid for attendance of lawyer at asylum interview.
  Judgment
• Hossain v SSHD [2024] EWCA Civ 608 – sole counsel for the SSHD in appeal concerning procedural unfairness in the context of judicial questioning of witnesses and the prohibition on a first instance judge improperly 'descending into the area'. 
• SSHD v AM (Belarus) [2024] UKSC 13 – junior counsel for the SSHD in appeal concerning requirements of art 8 in context of deportation ‘limbo’ case. 
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• ASY v Home Office [2024] EWCA Civ 373 – junior counsel for the SSHD in appeal concerning when a right to damages will be owed to migrants with NRPF for breach of article 3.
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• Akhtar v SSHD [2024] EWCA Civ 354 – sole counsel for the SSHD in appeal concerning application of s 117C(6) NIAA 2002 to medium offenders.
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• R (Zhou) v SSHD [2024] EWCA Civ 81 – sole counsel for the SSHD in appeal concerning challenge to delayed determination of application for leave to remain, which had been deferred pending the outcome of an NCA investigation.
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• R (HR & ors) v SSHD [2024] EWHC 786 (Admin) – sole counsel for the SSHD in article 14, s 55 and non-fettering challenge concerning family reunion and LOTR applications.
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• R (A Professional Body) v Secretary of State for Health and Social Care (2023) – junior counsel in challenge to the Privy Council Advisors’ recommendation to the King as to an award of Royal Charter status to another professional body. 
• R (Police Superintendents’ Association) v Police Remuneration Review Body and SSHD [2023] EWHC 1838 (Admin) – sole counsel for the PRRB in the first challenge to a pay review body’s recommendation to a secretary of state as to pay increases. Challenge brought on PSED and irrationality grounds.
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• R (Cusworth) v Secretary of State for Justice [2023] EWHC 1281 (Admin) – sole counsel for the SSJ in challenge to their decision to determine a Category A life prisoner’s recategorisation application without an oral hearing, concerning the meaning of the SSJ’s policy and the requirements of procedural fairness.                                         Judgment
• R (Cruelty Free International) v SSHD [2023] EWHC 1064 (Admin) – EU and public law challenge concerning the interplay between the REACH regulation (on the safety of chemicals from the perspective of human health and the environment) and the Cosmetics Regulation. Appeal pending.
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• R (Green and others) v Commissioner of the Police for the Metropolis and SSHD [2022] EWHC 1286 (Admin), [2022] EWCA Civ 1686  - junior counsel for the interested party, the Secretary of State for the Home Department (SSHD), in articles 8, 12 and 14 (with articles 8, 12 and A1P1) European Convention on Human Rights (ECHR) challenge to regulation C9 of the Police Pensions Regulation 1987.
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• R (White and others) v SSHSC (QB) - sole counsel for the Secretary of State in articles 5, 8 and article 14 (with articles 5 and 8) ECHR challenge to the vaccine exception in the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.
• SC (Jamaica) v SSHD [2022] UKSC 15 - junior counsel in articles 3 and 8 ECHR deportation case, concerning the correct approach to issues of internal relocation alternative.

Tom has particular expertise in human rights law and was on the executive committee of the Human Rights Lawyers Association (HRLA) for two years (2017-2019).

Cases of note

• R (Alhasan) v (1) Director of Legal Aid Casework, (2) Lord Chancellor [2024] EWHC 2031 (Admin) – sole counsel for the Lord Chancellor in article 14 and irrationality challenge to the legislation governing entitlement to legal aid for attendance of lawyer at asylum interview.
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• AP v JP and Secretary of State for Justice [2024] EWHC 1197 (Fam) – junior counsel in application for a declaration of annulment of marriage entered into by transgender applicant before gender recognition certificate obtained, seeking s 3 HRA reading and alternatively s 4 HRA declaration in respect to s 11 of the Matrimonial Causes Act 1973. 
• SSHD v AM (Belarus) [2024] UKSC 13 – junior counsel for the SSHD in appeal concerning requirements of art 8 in context of deportation ‘limbo’ case. 
  Judgment
• ASY v Home Office [2024] EWCA Civ 373 – junior counsel for the SSHD in appeal concerning when a right to damages will be owed to migrants with NRPF for breach of article 3.
  Judgment 
• Akhtar v SSHD [2024] EWCA Civ 354 – sole counsel for the SSHD in appeal concerning application of s 117C(6) NIAA 2002 to medium offenders.
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• R (Zhou) v SSHD [2024] EWCA Civ 81 – sole counsel for the SSHD in appeal from article 8 challenge to delayed determination of an application for leave to remain, which had been deferred pending the outcome of an NCA investigation.
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• R (HR & ors) v SSHD [2024] EWHC 786 (Admin) – sole counsel for the SSHD in article 14, s 55 and non-fettering challenge concerning family reunion and LOTR applications.
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• R (DXK) v SSHD [2024] EWHC 579 (Admin) – junior counsel for the SSHD in systemic challenge to asylum accommodation policy, based on arts 3, 8 and 14, as well as s 55 and PSED.
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• R (A Professional Body) v Secretary of State for Health and Social Care (2023) – junior counsel in challenge (on inter alia art 8 and A1P1 grounds) to Privy Council Advisors’ recommendation to the King as to an award of Royal Charter status to another professional body. 
• R (Green and others) v Commissioner of the Police for the Metropolis [2022] EWHC 1286 (Admin), [2022] EWCA Civ 1686 - junior counsel for the interested party, the Secretary of State for the Home Department (SSHD), in articles 8, 12 and 14 (with articles 8, 12 and A1P1) ECHR challenge to regulation C9 of the Police Pensions Regulation 1987. 
• R (White and others) v Secretary of State for Health and Social Care (QB) - Counsel for the Secretary of State in articles 5, 8 and article 14 (with articles 5 and 8) ECHR challenge to the vaccine exception in the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.
• R (H) v Swindon BC [2021] EWCA Civ 1836 - Counsel for the respondent local authority in article 4 ECHR trafficking, forced criminality and child protection case.
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Tom takes instructions in all areas of electoral law. He is Band 1 ranked in this area by Chambers and Partners. He is the author of ‘A Practical Guide to Election Law’ (Law Brief Publishing: Minehead, Sep 2020) (Consultant Editor: Timothy Straker KC). He has appeared on BBC News to discuss electoral law. He has advised the Boundary Commission of England, the Cabinet Office, the Electoral Commission, office holders, elected representatives, candidates, non-party campaigners (registered and unregistered) and private club members. He is Consultant Editor for the Elections volumes of Halsbury’s Laws of England.

Tom’s education law practice spans judicial review challenges to delegated legislation, policy, school discontinuance, Ofsted reports and university decision-making (including matters of fitness to practice, freedom of expression, and research ethics). He acts in civil claims against schools, colleges and universities, in discrimination, contract and educational negligence. He is also a school governor.

Cases of note

• R (BS (by his mother and litigation friend KP)) v Gloucestershire CC (2023) (Admin) – sole counsel for LA in challenge to EHCP placement decision on grounds of breach of common law consultation principles.
• Meagher v University College London (2023) – sole counsel for defendant in claim alleging, inter alia, disability discrimination and failure to make reasonable adjustments.
• R (Girgis) v Joint Committee on Intercollegiate Examinations (QB) [2021] EWHC 2256 (Admin) (jurisdiction), 2.11.2022 (renewal) - sole counsel for the defendant professional examination body in challenge to its decision that doctor candidate had failed intercollegiate speciality examination for promotion to consultant, featuring preliminary, England-Scotland jurisdictional issue.
• R (Hossain) v Secretary of State for Education (QB and CA) - sole counsel for the Secretary of State in article 14 with A2P1 ECHR challenge to the Education (Student Support) Regulations 2011.
• R (ZK) v Redbridge LBC [2020] EWCA Civ 1597 - junior counsel for the local authority in challenge to model of funding provision for visually impaired pupils (led by Deok Joo Rhee KC), the claimant relying on the public sector equality duty, and A2P1 and article 14 ECHR. 
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• R (Friends of Larkrise School and another) v Wiltshire County Council (QB) - junior counsel (led by Steve Broach then Ian Wise QC) for the claimants in judicial review of a local authority’s (i) publication of discontinuance notices in respect of three special schools and (ii) its prior pre-publication consultation. 
• R (Caspian) v Bath Spa University (QB) - sole counsel for the university in a claim for judicial review of its decision to reject a research proposal by a master’s degree student into reverse gender assignment, claiming breach of article 10 ECHR and academic freedom. 

Tom accepts instructions in all areas of information law, including Freedom of Information Act (FOIA), General Data Protection Regulation (GDPR)/Data Protection Act, the Environmental Information Regulations 2004 (EIR), and the torts of misuse of private information and breach of confidence.

Cases of note

• O’Hanlon v IC and Health and Safety Executive [2023] UKFTT 104 (GRC) – sole counsel for the HSE in EIR appeal. Upper Tribunal appeal pending.
• Surridge v IC and Cabinet Office [2024] UKFTT 00597 (GRC) – sole counsel for Cabinet Office in FOIA appeal concerning the cost of complying with a FOIA request and the relevance of ChatGPT to estimating search costs.
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• Department of Science, Innovation and Technology v IC and Heaton (2023) – junior counsel for DSIT in FOIA appeal on grounds of s 24 FOIA.
• Maurizi v IC and CPS [2023] UKFTT 442 (GRC) – junior counsel for the CPS in appeal arising from FOIA request for correspondence between CPS and foreign states and authorities concerning the extradition of Julian Assange.
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• XY v A Trust (County Court) – sole counsel for the claimant in claim for injunction and damages for breach of UK GDPR and for misuse of private information, and indirect discrimination.
• Cabinet Office v IC and Corke (FTT) - junior counsel for the appellant in FOIA appeal.
• Committee on Climate Change v IC and Montford (2021) EA/2020/0231 (FTT) - sole counsel for the CCC in EIR appeal.  
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• Hastings v IC and HM Treasury (FTT) - sole counsel for the second respondent to FOIA appeal. 
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Tom has a broad practice in immigration, asylum, trafficking and nationality law, particularly judicial review, and in statutory appeals.

Cases of note

• R (Moynul Islam) v SSHD [2024] EWHC 1838 (Admin) – sole counsel for the SSHD in challenge to refusal of application for a passport, concerning the law on issue estoppel and its application in nationality and immigration law proceedings.
  Judgment
• Hossain v SSHD [2024] EWCA Civ 608 – sole counsel for the SSHD in appeal concerning procedural unfairness, the judge's proper, supervisory, role, an the prohibition on a first instance judge improperlty 'descending into the arena'.        Judgment  
• SSHD v AM (Belarus) [2024] UKSC 13 – junior counsel for the SSHD in appeal concerning requirements of art 8 in context of deportation ‘limbo’ case. Supreme Court hearing pending.
  Judgment
• ASY v Home Office [2024] EWCA Civ 373 – junior counsel for the SSHD in appeal concerning when a right to damages will be owed to migrants with NRPF for breach of article 3.
  Judgment 
• Akhtar v SSHD [2024] EWCA Civ 354 – sole counsel for the SSHD in appeal concerning application of s 117C(6) NIAA 2002 to medium offenders.
  Judgment
• R (HR & ors) v SSHD [2024] EWHC 786 (Admin) – sole counsel for the SSHD in article 14, s 55 and non-fettering challenge concerning family reunion and LOTR applications.
  Judgment 
• R (Zhou) v SSHD [2024] EWCA Civ 81 – sole counsel for the SSHD in appeal concerning delayed determination of application for leave to remain, which had been deferred pending the outcome of an NCA investigation. 
  Judgment
• R (DXK) v SSHD [2024] EWHC 579 (Admin) – junior counsel for the SSHD in systemic challenge to asylum accommodation policy, based on arts 3, 8 and 14, as well as s 55 and PSED.
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• SC (Jamaica) v SSHD [2022] UKSC 15 - junior counsel for the SSHD stage of articles 3 and 8 deportation case concerning the internal relocation alternative.  
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• MA (Iraq) v SSHD [2021] EWCA Civ 1467 – Counsel for the Secretary of State in appeals concerning Iraq identity documents and article 3 ECHR. 
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• R (W, A Child) v SSHD [2020] 1 WLR 4420 (DC) and ST (A Child) v SSHD [2021] EWHC 1085 (Admin) (DC) - Junior counsel for the Secretary of State in Equality Act, article 3, and article 14 with article 8 challenges to her NRPF policy. 
• KK and RS (Sur place activities, risk) (CG) [2021] UKUT 130 - junior counsel for the Secretary of State in country guidance case concerning risk on return to Sri Lanka owing to sur place activities in the UK. 
  Judgment