Tom Davies

Call: 2018

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Great strength in depth both in relation to their expertise and breadth of experience from juniors through to their QCs.

Legal 500, 2022

Personal profile

Tom has a broad range of experience as a junior barrister acting on behalf of both the prosecution and defence. His clients include individuals and corporate entities.

He is regularly instructed in cases of Fraud and has a particular interest in Financial Crime cases. Tom specialises in regulatory offences arising from commercial activity.

He has acted in private prosecutions in relation to offences under the Insolvency Act 1986, Companies Act 2006 and Company Directors Disqualification Act 1986.

Tom also practises Extradition law. He accepts instructions on behalf of judicial authorities and requested persons and was formerly seconded to the CPS Extradition Unit. He is regularly instructed to appear at first instance and has appeared in the High Court.

Additionally, Tom is often instructed in advisory and review work. He has acted as Independent LPP Counsel and Disclosure Counsel in large fraud investigations conducted by the Serious Fraud Office and the National Crime Agency.

Tom is available to be instructed under the Direct Access Scheme.

Fraud

Tom has been instructed in and defended many cases dealing with Fraud.

  • R v R (2023) – Tom was instructed on behalf of the Insolvency Service to prosecute a significant Bounce Back Loan fraud. The director received a suspended custodial sentence and was disqualified under the CDDA 1986 for 3 years.
  • Re X (2021) – Instructed as disclosure junior for the Serious Fraud Office in a multi-million pound fraud investigation.
  • R v B and A (2021)- Instructed to represent 2 former directors in POCA proceedings following their conviction for multiple offences under the CDDA 1986.
  • R v S (2021) – Defended in private prosecution resulting from the collapse of an airline valued at £2m.
  • R v X (2020) – Instructed as independent LPP Counsel in a cross-border immigration fraud.
  • R v M (2020)- Defended carer client convicted of stealing from her patient.
  • R v W (2020) – Instructed to represent the first defendant in private prosecution of a wholesale counterfeit tobacco operation.

Serious & Organised Crime

  • R v A (2023 ongoing) — Tom is instructed to defend as led junior in a high-value, multi-handed class A drugs conspiracy. The case involves significant argument as to evidence obtained from EncroChat.
  • R v T, M and S (2022) — Tom was instructed to prosecute a multi-handed commercial burglary by three individuals of their former employer.

Road Traffic Offences

Tom acts for companies and individuals accused of Road Traffic Offences.

  • R v S (2021) – Instructed to prosecute an individual for dangerous driving.
  • R v F (2020) – Appeared for a client charged with an offence contrary to the Road Traffic and Regulations Act 1984.
  • R v R Ltd (2019) – Instructed to act for a large global company in respect of driving matters.
  • R v C (2019) – Acted for a client charged with drink-driving being over 3x the legal limit of breath.

Serious Violence

Tom prosecutes and defends offences of Serious Violence, in particular where they are aggravated by a breach of trust or the presence of a weapon.

  • R v D (2021) – Prosecuted an offence of affray and possession of a large knife.
  • R v V (2021) – Defending a prison officer accused of assaulting an inmate.

Extradition

Tom is able to act for requested persons and judicial authorities across all areas of Extradition law. He is regularly instructed in cases involving complex legal argument regarding section 2 and section 20 of the Extradition Act 2003, dual-criminality, double jeopardy and abuse of process arguments.

  • Poland v H (2023 ongoing) — instructed for JA in case involving interpretation of Article 693 TaCA and whether, and to what extent, extradition arrangements may be suspended by the UK with Member States where there are ‘serious and systemic deficiencies’ in protecting fundamental rights or the rule of law in that jurisdiction.
  • Poland v B (2023 ongoing) — instructed for JA in case involving two ‘overlapping’ conviction warrants and argument regarding the effect of that overlap on section 2, double jeopardy and abuse of process.
  • Ireland v A (2022) — RP requested on an accusation warrant for multiple offences of assault. Appeared at first instance and drafted submissions on appeal in relation to whether a conforming interpretation was required to give effect to Articles 597 and 613 of the TaCA. Permission to appeal refused.
  • Poland v H (2022) — RP requested on a conviction warrant involving 14 offences of theft. Successfully appeared for JA at first instance and on appeal. Argument involving the intersection of the concept specialty and sentence disaggregation.
  • Government of the United States of America v Al Sarbel [2022] EWHC 1294 (Admin) — successful appeal on behalf of JA against the grant of bail to requested person in an accusation case.

Education

  • BPP Law School – BPTC
  • University of Southampton, First Class Honours – LLB (Hons)

Awards

  • Inner Temple BPTC Exhibition Award
  • BPP Advocacy Scholarship
  • Lord Justice Fulford Scholarship
  • 3PB Prize for Best Performance in Criminal Law Exam

Professional appointments

  • CPS Specialist Panel Advocate, Extradition (Grade 2)
  • CPS Panel Advocate (Grade 2)
  • Attorney General’s Civil ‘Junior Junior’ Panel

Memberships

  • Inner Temple
  • CBA
  • South Eastern Circuit
  • Young Fraud Lawyers Association
  • Extradition Lawyers Association
  • Administrative Law Bar Association

Publications