Profile


Tom Orpin-Massey is a junior barrister at a leading criminal



and regulatory chambers in London, QEB Hollis Whiteman. Tom accepts



instructions in all areas of chambers’ work. He is known for his calm and



clear-headed approach. His practice is split between criminal and regulatory



work, the latter encompassing the regulation of healthcare professionals, the



regulation of the financial markets, and, particularly, the regulation of



commercial gambling. He has been direct access qualified for three years and has



a strong track record of securing good results for his clients.








 








Crime








 








Tom has successfully defended clients facing a range of



allegations, including assault, theft, harassment, and sexual offences. He has



acted alone or as a led junior. Tom is regularly instructed to appear for the



defence in the Crown Court and in the Magistrates' Court for a broad range of



criminal offences. He is a committed and conscientious advocate with extensive



experience of advising clients from their first appearance at court through to



the conclusion of their case. He is commended by solicitors and clients for his



industry and commitment to cases in which he is instructed.








 








Tom also accepts instructions in appeals, both to the Crown



Court following a conviction in the Magistrates’ Court, or to the Court of



Appeal following a conviction in the Crown Court. Tom recently appeared in the



Court of Appeal in an appeal against conviction, where he was praised by the



court for the "ingenuity” of his submissions.








 








In addition, Tom is regularly instructed on a direct access



basis to represent individuals and companies charged with driving offences. His



knowledge of Magistrates’ Court procedure makes him a safe pair of hands for



drivers unfamiliar with a court environment. He has a comprehensive knowledge



of all driving offences, including insurance and licensing matters. He has



particular experience with special reasons and exceptional hardship arguments,



which can save a driver from a ban even though they may be guilty of a motoring



offence.








 








Tom also prosecutes in the Crown Court, building on



experience he gained as a Magistrates’ Court prosecutor during his pupillage.



He is a now a CPS Level 2 advocate and accepts instructions to prosecute a wide



range of criminal matters, including burglary, serious assaults, and drugs



offences. His experience of prosecuting makes him a more accomplished defence



advocate.








 








Further, Tom has appeared for both the prosecution and the



defence in post-conviction confiscation hearings in the Crown Court under the



Proceeds of Crime Act.








 








Regulatory








 








Tom has experience beyond his call in the regulatory field,



with particular expertise in the regulation of healthcare professionals and the



regulation of commercial gambling. Since joining Chambers he has been instructed



by a broad range of regulators, including the Health & Care Professions



Council, the Professional Standards Authority, and the Gambling Commission. He



has a manner well suited to formal regulatory hearings. He is sought-after by



regulators and defence solicitors alike.








 








Between July 2016 and January 2017 Tom was seconded to the



UK Gambling Commission where he assisted with a wide range of regulatory and



criminal enforcement matters, including matters relating to the National



Lottery. Tom is particularly familiar with regulatory licence reviews



instigated under s.116 of the Gambling Act 2005 and is happy to advise licence



holders facing regulatory enforcement proceedings. His work with the Commission



focused on misleading advertising, breaches of social responsibility codes, and



failures in anti-money laundering controls. He is presently assisting the



Commission with a number of ongoing regulatory matters relating to misleading



advertising and unfair terms.








 








Tom is frequently instructed to assist major gambling



operators with the drafting of their internal policy documentation, such as AML



procedures, social responsibility charters, and affiliate policies. His



knowledge of the Gambling Commission and its general approach to enforcement



matters makes him sought after for compliance advice within the gambling



industry.








 








Between July 2015 and January 2016 Tom was seconded to



Kingsley Napley LLP, where he principally acted for the Health and Care



Professions Council (HCPC), one of the UK’s largest regulators, at Fitness to



Practice hearings. He presented a great number of complex cases against a range



of Registrants, including Paramedics, Biomedical Scientists, Podiatric



Surgeons, and Forensic Psychologists, all over the UK. A recent and notable



case presented by Tom was that of an Occupational Therapist who was struck off



after being found to have conducted a sexual relationship with a brain damaged



patient. Further examples of cases Tom has presented can be seen below.








 








In addition, Tom has represented the Nursing and Midwifery



Council (NMC) and the General Dental Council (GDC) in applications for interim



orders, and at substantive hearings. His experience with the HCPC, the GDC, and



the NMC means that he is well familiar with the legal principles underpinning



all healthcare regulators, including the General Medical Council (GMC). He has



recently presented complex cases on behalf of the General Chiropractic Counsel.








 








Tom has also spent time on secondment with the Professional



Standards Authority (PSA) in 2017, the healthcare "regulator of regulators”,



where he drafted detailed case reviews in circumstances where the Authority was



concerned about the outcome in a particular case, to advise on whether the



Authority might appeal the matter to the High Court.








 








Tom has used his experience of acting for the major



regulators in acting for registrants who are under investigation or due to



appear before disciplinary tribunals.








 








Corporate and Financial Crime








 








Tom has a growing practice in the area of corporate and financial



crime. He has been instructed by the Financial Conduct Authority in respect of



regulatory matters, and also by defence solicitors acting for senior



professionals working in the City of London.








 








In 2017 Tom was seconded to the Financial Conduct Authority



where he spent time assisting the retail enforcement department with a



regulatory matter concerning a company director who was suspected of running an



insurance association into the ground.








 








Further, Tom spent time seconded to the Serious Fraud Office



in 2015 assisting with an investigation into suspicious activity during



liquidity auctions held by the Bank of England at the height of the financial



crisis in 2007 and 2008.








 








Tom is well used to the large document review and disclosure



exercises that are now ubiquitous in corporate and financial investigations,



both criminal and regulatory, and has significant experience of working



effectively within review teams in which numerous documents need to be assessed



in a short period of time. He has been praised by instructing solicitors for



his sound judgment and analytical skills in performing such tasks.








 








Tom is presently instructed by Hickman & Rose LLP to



assist with the defence of a senior banking professional under investigation by



the FCA and the Department of Justice in the US for his role in securing vast



development loans to the government of a sub-Saharan African country.








 








Tom has further experience of being instructed by HM Revenue



& Customs in the preparation of a missing trader intra-community fraud



("MTIC fraud”) matter that was to be heard before the First-Tier Tribunal (Tax



Chamber).








 








He has further represented companies and company directors



in both the Magistrates’ and Crown Courts where he has been commended for his



assured manner in dealing with professional clients.








 








To find out more about Tom's areas of expertise, including



recent and notable cases he has appeared in, please visit his chambers profile:



https://www.qebholliswhiteman.co.uk/site/people/profile/tom.orpin-massey 

Contact the Expert

Complete the form below to contact the expert directly.