Tom Cleaver

Acting for The Rt Hon Sir John Major KGCH in a challenge to the Prime Minister's decision to advise the monarch to prorogue Parliament in September 2019.

Acted for Privacy International in a major constitutional case concerning the effectiveness of a statutory "ouster" clause purporting to prevent judicial review of decisions of the Investigatory Powers Tribunal. 

The case now continues in the Administrative Court on the question of the lawfulness of powers in the Intelligence Services Act 1994 as applied to computer network exploitation (i.e. hacking) by the intelligence services. 

Acting for the Good Law Project in a judicial review of the Electoral Commission's interpretation of the statutory rules governing expenditure in referendums: in particular, whether the Electoral Commission is correct that Vote Leave was not required to count towards its expenditure limit some £650,000 which it spent on advertising services provided to another 'Leave' campaigner.

Acted for the Good Law Project in a judicial review concerning the Electoral Commission's failure to investigate a large donation made to the DUP shortly before the 2016 EU Referendum, which would would have been by far the largest political donation in Northern Irish history, but the majority of which appeared to have been spent on newspaper advertising in London without ever reaching the DUP at all. 

The case raised important issues concerning the potential abuse of laws permitting donors to Northern Irish political parties to keep their identities secret. 

Acting for the Defendant in a dispute about the lawfulness of the local housing authority's recovery of water charges in excess of the amount paid to the water undertaker (raising issues as to compliance with the Water Resale Order 2006).

Acting for Omega Flex Ltd in trademark invalidation proceedings concerning the 'Kitemark', raising an important issue about the statutory framework governing different types of trade mark. The BSI had re-registered the Kitemark (a well-known certification mark) as an ordinary trade mark, meaning it was subject to far fewer rules governing its use. Omega Flex contended that its reputation as a certification mark made it incapable of serving as a badge of origin. The application resulted in the invalidation of the Kitemark in respect of all goods and almost all services in respect of which it had been registered.

Acted for BEIS in a dispute about the alleged infringement of a green Union Flag trademark belonging to Ecotricity.

Acting for the Secretary of State for Health in resisting a challenge to a major decision concerning community pharmacy funding. Now the leading case on the Secretary of State’s statutory duties in relation to the NHS.

Acted for BEIS in a nine-figure damages claim arising from a decision to consult on a proposal to reduce solar subsidies, which decision was alleged to have infringed the Claimants’ rights under Article 1 of the First Protocol to the ECHR and to have caused enormous consequential losses. 

A challenge to the decision to introduce a private copying exception without making any provision for compensation to rightholders. Resulted in the quashing of regulations on grounds of illegality.

AA harassment claim brought by a former IFA against the Financial Conduct Authority in respect of regulatory activity carried out in relation to him.

A judicial review claim brought by an individual against the Financial Conduct Authority in respect of its alleged failure to regulate a currency exchange firm.

A statutory appeal against a decision to impose conditions on a doctor’s registration, raising issues about the proper application of the power to impose conditions where those conditions would arguably be tantamount to outright suspension. 

A judicial review claim brought by a dentist in respect of a finding that her fitness to practise was impaired, raising issues about the circumstances in which a decision can be quashed for irrationality on the grounds of alleged errors of internal logic. 

Two challenges to decisions of the British Psychoanalytic Council on behalf of psychotherapists subject to disciplinary action, raising issues about the susceptibility of the BPC’s decisions to judicial review.

A challenge to the Gambling (Licensing and Advertising) Act 2014 on grounds of noncompliance with EU free movement law.

Acted for Natural England in various judicial review claims concerning its decisions to permit badger culls in Gloucestershire, Somerset, and Dorset in 2013-2015.

A challenge to the proposed reinterment of King Richard III in Leicester Cathedral. 

A case before the DIFC Court concerning the DFSA’s powers to compel the production of information (raising issues of Swiss banking law).

Acted for the Environment Agency in a series of disputes (including judicial review proceedings and a statutory appeal) concerning its decisions in relation to two applications to build a hydroelectric power facility at Avoncliff.

A dispute about whether a retrospective tax imposed by a foreign government is consistent with the terms of a bilateral investment treaty.

A claim by a hedge-fund billionaire against his former business partner (and estranged wife) concerning allegedly illegal surveillance commissioned by her, raising issues of privacy under Article 8, and of litigation privilege and privilege against self-incrimination in relation to the products of the surveillance.

A challenge to the validity of the election of Tara Rivers, the Cayman Islands Minister of Education, Employment and Gender Affairs. The leading case on electoral challenges in British Overseas Territories.  

A challenge in the Eastern Caribbean Supreme Court to the BVI Governor’s proposed extradition of four alleged drug smugglers to the United States.

A case before the Court of Appeal of Bermuda concerning an attempt by the Minister of Finance to compel Bunge Ltd to provide information to the Argentinian Government pursuant to a request made under an international treaty.

A case before the Court of Appeal of Bermuda concerning the interpretation of the Land Valuation and Tax Act 1967 to a property owned by the husband of the former Premier of Bermuda. 

A dispute about whether the cost of an increase in pension contributions was to be borne by the PCT or by practitioners.

The first ever case before the Dubai Financial Markets Tribunal, and the first ever appeal from that Tribunal to the DIFC Court.

A challenge to the Justice Secretary’s refusal to allow the BBC to film an interview with the prisoner Babar Ahmad for broadcast.

Part of a team involved for the Secretary of State in resisting a collateral challenge to the lawfulness of amendments made to the Copyright, Designs and Patents Act 1988 using powers under the European Communities Act 1972.

Part of a team involved in a judicial review of the anti-filesharing provisions of the Digital Economy Act 2010.

Acted for Privacy International in a major constitutional case concerning the effectiveness of a statutory "ouster" clause purporting to prevent judicial review of decisions of the Investigatory Powers Tribunal. 

The case now continues in the Administrative Court on the question of the lawfulness of powers in the Intelligence Services Act 1994 as applied to computer network exploitation (i.e. hacking) by the intelligence services. 

A challenge before the Grand Chamber of the European Court of Human Rights concerning a civilian interned in Iraq in April 2003 and later found dead. The leading international case on the application of international human rights law during armed conflict.

A challenge under the Constitution of Singapore to the lawfulness of the criminalisation of male homosexual acts under s 377A of the Singapore Penal Code.

A challenge to the Justice Secretary’s refusal to allow the BBC to film an interview with the prisoner Babar Ahmad for broadcast.

Acting for Ocado in a high-profile claim against one of its original founders, raising allegations of misuse of confidential information and of deletion of relevant documents in breach of a Search Order. 

Also defending a counterclaim (said to be worth hundreds of millions) by the defendants, raising allegations of conspiracy between Ocado and Marks & Spencer to damage the defendants' business by obtaining the Search Orders.

Acting for the Claimants in a large dispute (encompassing a Commercial Court claim and an LCIA arbitration) concerning the management of the estate of the deceased Georgian billionaire Arkadi Patarkatsishvili. 

Acting for TRP in a claim concerning the sale of information about horseracing to bookmakers,  raising important issues of law about breach of confidence, database rights, and unlawful means conspiracy. 

Acting for Travel Counsellors Ltd in a dispute concerning the alleged misuse of confidential information. 

A number of claims brought by investors in various ‘Ingenious Group’ film and video game investment schemes, following decisions by HMRC as to the correct tax treatment of those schemes.

Acting for the songwriter Amy Wadge in a dispute concerning management commission, in particular arising from the Grammy-Award-winning song "Thinking Out Loud", co-written with and released by Ed Sheeran.

Acting for a prominent football club in an arbitration against another prominent club in a dispute concerning a fee due on the resale of a player. 

Acting for the Defendant in a dispute about the lawfulness of the local housing authority's recovery of water charges in excess of the amount paid to the water undertaker (raising issues as to compliance with the Water Resale Order 2006).

Acting for a company and a shareholder in a dispute concerning the true ownership of 48.5% of the company's shares.

Acting for Richards & Appleby in a claim concerning the apparently fraudulent misselling of a utilities contract.

Acted for the Government of the Maldives in a series of disputes, including a $1.4bn UNCITRAL arbitration, concerning the development and operation of the main international airport of the Maldives.

Acted for Kofi Esson, one of the founders of Sabre Oil and Gas, in a dispute about the profits arising from an oil concession in Ghana. 

Acted as sole counsel for Opengenius in proceedings against Tony Buzan, media personality and populariser of “mind mapping”, concerning breaches of contract. The case has involved an interim injunction and breaches of a court order by the defendant, and has set an important precedent about the circumstances in which undertakings can be converted into an order.  

Acted as sole counsel for Betclic, an online gambling operator, in a dispute with Worldpay about the recoverability under a contract of indemnity of sums paid under Belgian law in quasi-settlement of a criminal charge. 

The case raised a novel issue of law about the interaction of English public policy (concerning the irrecoverability of criminal penalties) with the law of Belgium (where it is possible to ‘settle’ a criminal charge by paying a sum determined by the prosecutor, without admission of liability). 

Acted for BEIS in a nine-figure damages claim arising from a decision to consult on a proposal to reduce solar subsidies, which decision was alleged to have infringed the Claimants’ rights under Article 1 of the First Protocol to the ECHR and to have caused enormous consequential losses. 

A dispute about liability of individual directors for losses caused by the collapse of Cattles, a major subprime lender, in 2009.

A £500m dispute between Merrill Lynch and a company owned by the Tchenguiz Family Trust, raising allegations of market manipulation and interest rate fixing. 

A number of disputes across various jurisdictions involving questions of BVI partnership law, contractual construction and allegations of breach of duty, computer hacking and breach of confidence.

A dispute between two wealthy individuals about the sale of their former matrimonial home by one of them to a company owned by her new partner (the footballer Cesc Fabregas), raising issues concerning fiduciary duties and res judicata.

A High Court claim concerning allegations of a multi-million-dollar fraud perpetrated on Jose Cuervo by its former UK accountant.

A dispute between two foreign exchange traders concerning an alleged team move.

A dispute between an Italian manufacturer and its New York licensee, raising issues of forum conveniens and whether there is a discretion to stay proceedings under the Brussels Regulation in favour of proceedings in a non-Member State.

A claim by a foreign exchange broker in respect of millions of pounds lent by its Head of Risk, allegedly without authorisation, to the failing A1 Grand Prix.

A claim by Kaplan against its former Head of Business Development who left to join the rival education provider BPP and who was suspected to have taken confidential information with him.

A cross-border dispute about the suspension by Google of advertising revenue earned through the AdSense programme.

A dispute between members of the Al-Hasawi family, owners of Nottingham Forest FC, in respect of alleged breaches of fiduciary duty in the management of property investments.

Part of the Defendant’s counsel team in a multi-billion-dollar claim concerning the ownership of Rusal and allegations of criminality in 1990s Russia.

A claim in respect of a major supplier’s allegedly fraudulent misuse of a special discount on supplies in order to undercut market prices.

The first ever case before the Dubai Financial Markets Tribunal, and the first ever appeal from that Tribunal to the DIFC Court.

Contempt of court proceedings in the long-running dispute between Munib Masri and the Consolidated Contractors group of companies.

Acting for the founder and frontman of the band 'Cradle of Filth' in a dispute with a former manager.

Acting for the songwriter Amy Wadge in a dispute concerning management commission, in particular arising from the Grammy-Award-winning song "Thinking Out Loud", co-written with and released by Ed Sheeran.

Acting for Omega Flex Ltd in trademark invalidation proceedings concerning the 'Kitemark', raising an important issue about the statutory framework governing different types of trade mark. The BSI had re-registered the Kitemark (a well-known certification mark) as an ordinary trade mark, meaning it was subject to far fewer rules governing its use. Omega Flex contended that its reputation as a certification mark made it incapable of serving as a badge of origin. The application resulted in the invalidation of the Kitemark in respect of all goods and almost all services in respect of which it had been registered.

Acting for a collecting society in a dispute with another collecting society concerning their entitlement to share in the proceeds of a copyright licensing scheme.

Acting for TRP in a claim concerning the sale of information about horseracing to bookmakers,  raising important issues of law about breach of confidence, database rights, and unlawful means conspiracy. 

Acting as sole counsel for Monaco Telecom in a dispute about alleged copying of a website for the purposes of generating advertising revenue. Raises important issues about the English courts’ jurisdiction in respect of acts of copyright infringement taking place online which are alleged to have effects worldwide. 

Acted as sole counsel for members of the bands Joy Division and New Order in claims against their former bassist, Peter Hook, arising out of infringements of intellectual property in artworks and sound recordings by his new band “Peter Hook & The Light”.

Acted as sole counsel for members of the bands Joy Division and New Order in claims against their former bassist, Peter Hook, arising out of infringements of intellectual property in artworks and sound recordings by his new band “Peter Hook & The Light”. 

Acted as sole counsel for Opengenius in proceedings against Tony Buzan, media personality and populariser of “mind mapping”, concerning breaches of contract. The case has involved an interim injunction and breaches of a court order by the defendant, and has set an important precedent about the circumstances in which undertakings can be converted into an order.  

A High Court dispute about the development of the aborted FPS game ‘Rift’.

A dispute about the release and alleged underperformance of ‘Nehruviandoom’, a collaborative studio album by hip hop artists MF Doom and Bishop Nehru.

A High Court dispute about an article published in The Sun about the Claimant, a warship commander, allegedly on the basis of information leaked by a rogue employee at the MOD’s Permanent Joint Headquarters.

A High Court dispute between the band Radiohead and their original record label about the proper royalty payable in respect of digital exploitation of their works under a contract agreed in 1992.

Acting for numerous musicians (including Sam Smith, Eliza Doolittle, and the bands Disclosure and AlunaGeorge) in a claim by an individual for infringement of copyright in lyrics allegedly written by her in a notebook years before but subsequently lost. 

A High Court dispute concerning the rights to the source code in respect of a video-on-demand platform, encompassing issues about compliance with court orders for delivery up of source code. 

A dispute in the Copyright Tribunal about fees charged to ITV for the use of music in its programming.

Acted for Blue Mountain Music in a dispute about the copyright in thirteen works composed by Bob Marley but falsely attributed to others, including ‘No Woman No Cry’. 

A dispute about copyright in relation to the film ‘Bhopal: A Prayer for Rain’, raising issues about the proper application of the IPEC costs rules relating to unreasonable behaviour. 

A High Court dispute about royalties in relation to the game Strike Suit Zero, raising issues such as whether backing a game on Kickstarter in return for the promise of a copy amounts to a ‘sale’. 

A dispute in the Copyright Tribunal about the application of the tariff governing the use of music by Cineworld.

A High Court dispute between Lily Allen and her former manager.

An LCIA arbitration about the development of a racing game for PS3 and Xbox 360.

A High Court dispute between Jodie Marsh and her former manager about allegedly overclaimed commission.

A dispute about the distribution of TV channels including the Discovery Channel in Bulgaria. 

A claim by Gordon Ramsay against one of a number of alleged co-conspirators in a campaign of email hacking and interference with his business, and a counterclaim in respect of alleged misuse of private information.

A claim against Gordon Ramsay’s former public relations adviser in respect of an alleged conspiracy to leak private photographs and medical information obtained through email hacking.

A dispute about the authorship of, and copyright in, Death in Vegas’s 1999 track “Dirge”.

A challenge to the Justice Secretary’s refusal to allow the BBC to film an interview with the prisoner Babar Ahmad for broadcast.

An application by Avicii for an injunction to prevent the release of Leona Lewis’s single ‘Collide’ on grounds of copyright infringement.

A contractual dispute arising out of a track on Dizzee Rascal’s fourth album, Tongue N’ Cheek.

Acting for Omega Flex Ltd in trademark invalidation proceedings concerning the 'Kitemark', raising an important issue about the statutory framework governing different types of trade mark. The BSI had re-registered the Kitemark (a well-known certification mark) as an ordinary trade mark, meaning it was subject to far fewer rules governing its use. Omega Flex contended that its reputation as a certification mark made it incapable of serving as a badge of origin. The application resulted in the invalidation of the Kitemark in respect of all goods and almost all services in respect of which it had been registered.

Acting for Travel Counsellors Ltd in a dispute concerning the alleged misuse of confidential information. 

Acted for BEIS in a dispute about the alleged infringement of a green Union Flag trademark belonging to Ecotricity.

Acting as sole counsel for Monaco Telecom in a dispute about alleged copying of a website for the purposes of generating advertising revenue. Raises important issues about the English courts’ jurisdiction in respect of acts of copyright infringement taking place online which are alleged to have effects worldwide. 

Acting for a collecting society in a dispute with another collecting society concerning their entitlement to share in the proceeds of a copyright licensing scheme.

Acted for PRS in a dispute in the Chancery Division against all the major UK bookmakers concerning their use of music on gambling terminals on their premises. The case raised an important issue as to the correct approach to calculating damages for copyright infringement where the owner is a collecting society which would only have offered a licence of a wider repertoire on a blanket basis. 

Acted for KGL in a dispute concerning the ownership of intellectual property relating to the manufacture and sale of industrial powder processing machinery.

Acted as sole counsel for members of the bands Joy Division and New Order in claims against their former bassist, Peter Hook, arising out of infringements of intellectual property in artworks and sound recordings by his new band “Peter Hook & The Light”. 

A dispute over the scope of a pharmaceutical licensing agreement, concerning the circumstances in which an exclusive licence granted in respect of one product will extend to an allegedly new product developed by the licensor.

A dispute in IPEC concerning the use by the Defendant, a provider of recruitment-related services to educational institutions, of a drawing by the Claimant, and award-winning illustrator.

A dispute about the acquisition by an art gallery of works painted by the Claimant on two shipping containers in Poland, raising issues of alleged derogatory treatment by removing them from the site and offering them for sale.

A trademark dispute between Red Bull and a British seller of tobacco-related products.

A dispute about the ownership of the rights to the oldest marine leisure brand in the world.

A dispute about House of Fraser’s use of a logo of a pigeon wearing a bowler hat, said to infringe Jack Wills’s trade mark of a pheasant wearing a top hat.

Acting for the FA in a case brought by FIFA concerning the proper interpretation of the Regulations on the Status and Transfer of Players in relation to under-18 players temporarily attending a club on trial.

Acting for a prominent football club in an arbitration against another prominent club in a dispute concerning a fee due on the resale of a player. 

Acting for a boxer in a dispute with his former manager about whether or not he should be released from his management agreement. 

Acting for a major football club in a dispute about the circumstances in which an academy player was recruited. 

Acting for Bolton Wanderers in a dispute about fees allegedly due to a consultant in respect of the identification of possible players.

Acted as sole counsel for the FA in an appeal to the Court of Arbitration for Sport about whether the apparent prohibition in FIFA's Rules on transfers of players aged under 18 from clubs outside the EU to clubs inside the EU is applicable where the player is a national (including a dual national) of a Member State.

Acted for Ilie Năstase, the 1970s tennis legend, in an appeal against a sanction imposed by the ITF arising out of his conduct at a match between Romania and Great Britain in April 2017.

Acting for the beneficial owner of a football club in a dispute concerning whether the FA Rules are binding on him. 

Acted for a Championship club in a dispute about fees allegedly due to a consultant in respect of the identification of possible players. 

Acted as sole counsel for London Marathon Ltd in a dispute with Liliya Shobukhova, a Russian athlete who won the London Marathon in 2010 but who was later sanctioned for substance abuse by the Russian Athletic Federation in respect of the relevant period. 

A dispute between a player and his former management company about money allegedly due under a management agreement

A dispute about loss caused to bookmakers as a result of the mishandling of a race at Ascot in July 2015. 

A dispute in CAS between two rival national hockey federations in India about which of them should be recognised by the international federation. 

A Rule K dispute about the circumstances in which it is appropriate for a football league to order that a match in respect of which there has been a points deduction should be replayed.

A dispute between two English clubs about the interpretation of a transfer fee agreement, specifically in relation to payments due on a subsequent resale of the player.

A High Court dispute about an allegedly defective pitch covering system supplied to Watford FC.

A Rule K arbitration concerning the length of a player’s suspension for headbutting and grabbing the testicles of a match official. 

A High Court dispute about a sponsorship agreement with Scotland’s leading goalkeeper.

A dispute about the London Marathon’s refusal to allow a disabled athlete to participate in the race and the compliance of that decision with equality law.

A dispute before the British Boxing Board of Control concerning Ashley Theophane’s successful defence of the British light welterweight title against Jason Cook.

A dispute before the Court of Arbitration for Sport concerning non-payment of a transfer fee.

A challenge to the decision to introduce a private copying exception without making any provision for compensation to rightholders. Resulted in the quashing of regulations on grounds of illegality.

A Francovich damages claim concerning the UK’s implementation of Directive 84/5/EEC, brought by a man seriously injured in a car accident while transporting a large quantity of cannabis for the purpose of supply.

A challenge to the Gambling (Licensing and Advertising) Act 2014 on grounds of noncompliance with EU free movement law.

Part of a team involved for the Secretary of State in resisting a collateral challenge to the lawfulness of amendments made to the Copyright, Designs and Patents Act 1988 using powers under the European Communities Act 1972.

Part of a team involved in a judicial review of the anti-filesharing provisions of the Digital Economy Act 2010.

Acting for the DFSA in the first contested hearing before the Financial Markets Tribunal, a reference of a Decision Notice concerning an individual .

A number of claims brought by investors in various ‘Ingenious Group’ film and video game investment schemes, following decisions by HMRC as to the correct tax treatment of those schemes.

AA harassment claim brought by a former IFA against the Financial Conduct Authority in respect of regulatory activity carried out in relation to him.

A judicial review claim brought by an individual against the Financial Conduct Authority in respect of its alleged failure to regulate a currency exchange firm.

A case before the DIFC Court concerning the DFSA’s powers to compel the production of information (raising issues of Swiss banking law).

The first ever case before the Dubai Financial Markets Tribunal, and the first ever appeal from that Tribunal to the DIFC Court.