Tom Lowenthal

Acting (led by Tim Otty QC, Jason Pobjoy and George Molyneaux) for a large information technology corporation in respect of a potential application to the ECHR.

Instructed as sole counsel to advise the Government of an Overseas Territory as to the constitutionality of a proposed law. 

Acting (led by Tim Otty QC and Drew Holiner) for an individual in respect of a potential application to the ECHR.

Advising an interested party on the ECHR compatibility of the introduction of certain rent controls (Led by Tom de la Mare QC). 

Advising a public body (led by Javan Herberg QC) on the statutory powers which it exercises, and its obligation to act compatibility with Art. 10 ECHR under the Human Rights Act 1998. 

Acted for Privacy International (led by Ben Jaffey QC) in a judicial review claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat.

Advised (led by Shaheed Fatima QC and Gayatri Sarathy) an individual whose family were trapped in Kabul during the fall of the city to the Taliban, and assisted in the making of representations on that individual’s behalf to the FCDO

Acted pro bono (led by Tim Otty QC) for elements of the opposition to a totalitarian regime in a foreign state, advising on international law and sanctions issues. 

Acting for non-state core participants subject to political surveillance and deceived in sexual relationships by undercover police officers, led by Charlotte Kilroy QC and Shanthi Sivakumaran.

Acting (led by Charlotte Kilroy QC and Isabel Buchanan) pro bono in a Human Rights Act claim brought in the Investigatory Powers Tribunal by a woman deceived into a long-term sexual relationship by an undercover police officer. The IPT found for the claimant, holding that there had been a “formidable list of Convention violations” and “disturbing and lamentable failings at the most fundamental levels”, making a substantial award of damages.  

Advised pro bono and as sole counsel on the prospects of an Equality Act challenge being brought to a decision to exclude a child, allegedly because of her race. 

Advising a children's charity in respect of a potential submission to the Information Commissioner, concerning the Age Appropriate Design Code and the use of children's personal data by mobile phone applications. 

Assisted Hanif Mussa with a judicial review concerning the Article 8-compliance of the automatic imposition of notification orders on individuals convicted of sexual offences abroad. The case is discussed here.

Assisted Hanif Mussa with an EU law and ECHR challenge to the Ivory Act 2018, which prohibited, outside of limited circumstances, the trade in antique ivory. The case involved CITES and EU environmental law, as well as the EU rights to property and to conduct a business. The case is discussed here.

Assisted Hanif Mussa with a potential judicial review concerning animal welfare law, the right to property, and the right to conduct a business under EU law and the ECHR.

Instructed as sole counsel to advise the Government of an Overseas Territory as to the constitutionality of a proposed law. 

Advising (as sole counsel) a broadcaster on a threatened judicial review and Equality Act claim. 

Advising a public transport authority on various matters concerning the limits of its powers (led by Ben Jaffey QC). 

Advising an interested party on the ECHR compatibility of the introduction of certain rent controls (Led by Tom de la Mare QC). 

Advised a broadcaster on its rights in respect of the parts of the electromagnetic broadcast spectrum over which it is entitled to broadcast (led by Emily Neill).  

Acting (led by Harry Adamson) for the Secretary of State in a judicial review challenging the decision of the Category A Review Team to maintain a prisoner's security classification. 

Advising a public body (led by Javan Herberg QC) on the statutory powers which it exercises, and its obligation to act compatibility with Art. 10 ECHR under the Human Rights Act 1998. 

Acting for the Director of the SFO in defence of a $93m+ claim for alleged misfeasance in public office and inducement of breach of contract/fiduciary duty. The matter was one of The Lawyer's Top 20 Cases for 2021, and there was an 11-week trial in the spring/summer of that year (with Simon Colton QC and others).

Acting (led by Monica Carss-Frisk QC) for the Information Commissioner of Bermuda in a dispute as to the limits of the power of the Commissioner to summons documents from government departments. 

Acted as sole counsel, advising in respect of a potential judicial review concerning alleged errors in the calculation of their child’s centre assessed grades for the purposes of the award of GCSEs during the Covid-19 pandemic.

Advised a student client and her parents about potential recourse and/or appeal from a decision of their university to require the client to suspend their studies for academic reasons (led by Gemma White QC).

Acted (led by Gemma White QC) for constituent colleges of a Russell Group university, advising on their non-academic disciplinary procedure, with particular focus on their approach to dealing with allegations of sexual misconduct.       

Acted for Privacy International (led by Ben Jaffey QC) in a judicial review claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat.

Advised (led by Shaheed Fatima QC and Gayatri Sarathy) an individual whose family were trapped in Kabul during the fall of the city to the Taliban, and assisted in the making of representations on that individual’s behalf to the FCDO

Acting for non-state core participants subject to political surveillance and deceived in sexual relationships by undercover police officers, led by Charlotte Kilroy QC and Shanthi Sivakumaran.

Advising a children's charity in respect of a potential submission to the Information Commissioner, concerning the Age Appropriate Design Code and the use of children's personal data by mobile phone applications. 

Acting (led by Charlotte Kilroy QC and Isabel Buchanan) pro bono in a Human Rights Act claim brought in the Investigatory Powers Tribunal by a woman deceived into a long-term sexual relationship by an undercover police officer. The IPT found for the claimant, holding that there had been a “formidable list of Convention violations” and “disturbing and lamentable failings at the most fundamental levels”, making a substantial award of damages.  

Acted for the ASA, led by Catherine Callaghan QC, successfully resisting an application for permission to bring a judicial review of a ruling that a competitor's advert was not misleading. 

Assisted Fraser Campbell with advice on the amenability of the decisions of prosecutors to judicial review.

Assisted Hanif Mussa with a judicial review of the Cabinet Office’s roll-out of voter identification in local elections. The case is discussed here.

Assisted Hanif Mussa with a judicial review concerning the Article 8-compliance of the automatic imposition of notification orders on individuals convicted of sexual offences abroad. The case is discussed here.

Assisted Hanif Mussa with a matter concerning the limits of a public authority’s power to engage in profit-making activity.

Assisted Hanif Mussa with an EU law and ECHR challenge to the Ivory Act 2018, which prohibited, outside of limited circumstances, the trade in antique ivory. The case involved CITES and EU environmental law, as well as the EU rights to property and to conduct a business. The case is discussed here.

Assisted Hanif Mussa with a matter concerning the legal powers of Ofwat.

Assisted Hanif Mussa with a matter concerning the powers of devolved authorities to investigate and scrutinise officeholders.

Assisted Hanif Mussa with a potential judicial review concerning animal welfare law, the right to property, and the right to conduct a business under EU law and the ECHR.

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Advising a school's unincorporated old members' association about the distribution of assets in accordance with the association's rules. 

Acted as sole counsel, advising in respect of a potential judicial review concerning alleged errors in the calculation of their child’s centre assessed grades for the purposes of the award of GCSEs during the Covid-19 pandemic.

Advised a student client and her parents about potential recourse and/or appeal from a decision of their university to require the client to suspend their studies for academic reasons (led by Gemma White QC).

Acted (led by Gemma White QC) for constituent colleges of a Russell Group university, advising on their non-academic disciplinary procedure, with particular focus on their approach to dealing with allegations of sexual misconduct.       

Advising a children's charity in respect of a potential submission to the Information Commissioner, concerning the Age Appropriate Design Code and the use of children's personal data by mobile phone applications. 

Advised pro bono and as sole counsel on the prospects of an Equality Act challenge being brought to a decision to exclude a child, allegedly because of her race. 

Advising (as sole counsel) a broadcaster on a threatened judicial review and Equality Act claim. 

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Acted (led by Gemma White QC) for constituent colleges of a Russell Group university, advising on their non-academic disciplinary procedure, with particular focus on their approach to dealing with allegations of sexual misconduct.       

Advised pro bono and as sole counsel on the prospects of an Equality Act challenge being brought to a decision to exclude a child, allegedly because of her race. 

Assisted Diya Sen Gupta QC in providing advice concerning positive action under the Equality Act 2010.

Advising (as sole counsel) a broadcaster on a threatened judicial review and Equality Act claim. 

Advised a broadcaster on its rights in respect of the parts of the electromagnetic broadcast spectrum over which it is entitled to broadcast (led by Emily Neill).  

Tom has drafted particulars of claim and advised on behalf of a well known-influencer in a dispute arising from unpaid invoices for engaging with certain products on their social media channels. 

Tom (led by Tom Hickman QC) was instructed to draft an opinion in a matter arising from a dispute before the courts in a different European country, where arguments of English law had been raised. The matter involved questions of contract, intellectual property, assignment and priority. 

Assisted Andrew Scott with advice on issues of fraud, misrepresentation and copyright arising from a recording contract.

Assisted Andrew Scott with a case involving breach of contract and quantification of damages.

Acting for the claimant in a claim brought to enforce the rules of a social club registered under the Cooperative and Community Benefit Societies Act 2014, and challenge a purported election of officers of that club. 

Advising a school's unincorporated old members' association about the distribution of assets in accordance with the association's rules. 

Tom has drafted particulars of claim and advised on behalf of a well known-influencer in a dispute arising from unpaid invoices for engaging with certain products on their social media channels. 

Tom (led by Tom Hickman QC) was instructed to draft an opinion in a matter arising from a dispute before the courts in a different European country, where arguments of English law had been raised. The matter involved questions of contract, intellectual property, assignment and priority. 

Acting for the Director of the SFO in defence of a $93m+ claim for alleged misfeasance in public office and inducement of breach of contract/fiduciary duty. The matter was one of The Lawyer's Top 20 Cases for 2021, and there was an 11-week trial in the spring/summer of that year (with Simon Colton QC and others).

Assisting Robert Weekes QC, acting for a judgment creditor in an application for cross-examination of the debtor pursuant to CPR Part 71.

Acted for the defendant in a claim for price and counterclaim for defects arising from the allegedly inadequate repair of a classic car.  

Acted for the claimant as sole counsel in this construction matter. The claimant alleged that it is entitled to certain moneys under an introducer agreement, which the defendant refused to pay over on the ground that there is no such entitlement.  

Assisted Fraser Campbell with an arbitration concerning the rights and obligations of members of an LLP and obligations of good faith.

Assisted Hanif Mussa with a matter involving environmental law and jurisdiction.

Assisted Fraser Campbell in preparing an urgent application to compel an agent to deliver up documents to their principal.

Assisted Fraser Campbell with a matter concerning a donation to a national political party, and related issues of unjust enrichment. 

Assisted Diya Sen Gupta QC with an international team move case in which an investment bank sought to invoke bonus clawback provisions in former employees’ contracts, and alleged inducement of breach of contract against their new employer. The case also raised jurisdictional issues.

Assisted Fraser Campbell on a matter concerning allegations of fraud and breach of contract.

Assisted Fraser Campbell with an unfair prejudice application and related issues of company law.

Assisted Andrew Scott with advice on issues of fraud, misrepresentation and copyright arising from a recording contract.

Assisted Andrew Scott with advice on questions of contract and agency law. 

Assisted Andrew Scott. The case is discussed here.

Assisted Andrew Scott with consequential matters following on from a decision of the High Court discussed here. 

Assisted Andrew Scott with a case involving breach of contract and quantification of damages.

Assisted Andrew Scott with a case involving breach of director’s duties.

Assisting Andrew Scott with a c.$122 million claim for fraudulent misrepresentation and unlawful means conspiracy, and other Moroccan law claims, arising out of the insolvency of a Moroccan oil and gas company alleged to have been unlawfully expropriated by the Moroccan State.

Tom was instructed by the National Association of Head Teachers to draft the ET3 for a union member who was accused by a teacher of harassment. 

Acting (led by Diya Sen Gupta QC) for the claimants in this claim brought by a medical insurance provider against a former employee and his new employer. The claimants allege that the former employee stole away valuable confidential information, and claim against him for breach of contract, breach of confidence, and breach of the database right. The claimants allege against the employer defendant that these breaches of duty were induced by them, and that they, too, are in breach of confidence and breach of the database right. 

Assisted Diya Sen Gupta QC in proceedings brought by an employer against a former employee and director to enforce restrictive covenants.  

Assisted Fraser Campbell with consequential matters arising from the decision of the Court of Appeal on questions of worker status, holiday pay and minimum wage entitlement.

Assisted Fraser Campbell with issues of pensions and EU law. The case is discussed here. 

Assisted Diya Sen Gupta QC with an international team move case in which an investment bank sought to invoke bonus clawback provisions in former employees’ contracts, and alleged inducement of breach of contract against their new employer. The case also raised jurisdictional issues.

Assisted Diya Sen Gupta QC with a matter concerning employee competition, confidential information, and fiduciary obligations.

Assisted Diya Sen Gupta QC in providing advice concerning positive action under the Equality Act 2010.

Assisted Diya Sen Gupta QC with issues of jurisdiction and disclosure in the Employment Tribunal. The case is discussed here.

Assisted Fraser Campbell with issues of pensions and EU law. The case is discussed here. 

Assisted Hanif Mussa with an EU law and ECHR challenge to the Ivory Act 2018, which prohibited, outside of limited circumstances, the trade in antique ivory. The case involved CITES and EU environmental law, as well as the EU rights to property and to conduct a business. The case is discussed here.

Assisted Hanif Mussa with a potential judicial review concerning animal welfare law, the right to property, and the right to conduct a business under EU law and the ECHR.

Assisted Hanif Mussa with a matter involving environmental law and jurisdiction.

Assisted Hanif Mussa with issues concerning group litigation orders.