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 

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