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.
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
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
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.
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
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
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:
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