Thomas Westwell

Year of Call: 2018

Thomas Westwell

Year of Call: 2018

Thomas Westwell

Year of Call: 2018

Thomas Westwell

Thomas Westwell

Year of Call: 2018

Tom joined Chambers in October 2021 following the successful completion of his pupillage. He welcomes instructions in all of Chambers’ core practice areas, including employment, tax, personal injury, clinical negligence, and commercial litigation.

Before moving to the Bar, Tom was a solicitor at Freshfields Bruckhaus Deringer LLP. After qualifying at the firm in 2014, he spent four years as an associate in the employment, pensions and employee benefits team. In that time he advised clients on a range of employment issues, from employment status to the National Minimum Wage to TUPE transfers.

Tom studied Classics at the University of Oxford, graduating with a Double First in 2010. He completed the Graduate Diploma in Law (GDL) in 2011 and the Legal Practice Course (LPC) in 2012, both with Distinction.

In 2019, having left Freshfields, Tom obtained a Distinction in the Bachelor of Civil Law (BCL) at Oxford. In 2019-20, Tom was the judicial assistant to Lord Wilson and Lord Burrows at the Supreme Court.

  • Employment

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    Tom welcomes instructions on behalf of employees and employers.

    As a pupil to Chris Stone and Kate Balmer, Tom gained experience of a range of employment claims, including high-value unfair dismissal, discrimination and whistleblowing claims, and interim relief applications. He also assisted with advice on employment status and jurisdiction issues.

    At Freshfields Tom advised clients on a range of employment issues, from employment status to the National Minimum Wage to TUPE transfers. He also undertook secondments to the in-house legal teams of Novartis AG in Basel (in 2015) and Uber in London (in 2017-18), where he assisted with large international transactions and day-to-day employment issues.

    As a judicial assistant Tom worked on the leading employment cases of Royal Mail Group Ltd v Jhuti [2019] UKSC 55 (concerning whistleblowing dismissal) and Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 (concerning the National Minimum Wage).

  • Tax

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    Tom welcomes instructions on behalf of both taxpayers and The Revenue. As a pupil to Aparna Nathan QC, Tom gained experience of a variety of tax issues, including: avoidance schemes, the DoTAS legislation, foreign entity classification, the treatment of payments out of trusts, the treatment of company receipts on the disposal of shares, and the income tax settlements provisions of ITTOIA 2005.

    Tom provided support to Aparna Nathan QC and Harry Sheehan in Daarasp LLP & Betex LLP v HMRC [2021] UKUT 0087 (TCC), an appeal concerning both the ambit of closure notices and the Ramsay principle.

    He also assisted Chris Stone in HMRC v Atholl House Productions Limited [2021] UKUT 0037 (TCC), an IR35 appeal concerning employment status in the tax context.

  • Personal Injury

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    As a pupil to Stephen Cottrell and Jonathan Butters, Tom gained experience of a wide variety of catastrophic injury, clinical negligence and fatal accident claims. He also provided research support to Robert Weir QC in an advisory matter regarding fundamental dishonesty. He has appeared on his own in the County Court in fast-track litigation, and has experience of Costs and Case Management Conferences (CCMCs).

    Tom also assisted Robert Weir QC and Stephen Cottrell in the Court of Appeal in Griffiths v TUI UK Limited (judgment awaited), an appeal concerning the evaluation of unchallenged expert evidence.

  • Commercial Litigation and Disputes

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    Tom welcomes instructions in commercial litigation. Tom gained experience of commercial disputes both during pupillage and at Freshfields. As a judicial assistant Tom worked on commercial cases including Peninsula Securities Ltd v Dunne Stores (Bangor) Ltd [2020] UKSC 36, concerning the doctrine of restraint of trade, and Ciban Management Corporation v Citco (BVI) Ltd [2020] UKPC 21, a Privy Council case concerning the “Duomatic principle” and the doctrine of ostensible authority.

Academic

BA Classics: Brasenose College, Oxford – Double First

GDL: BPP Law School, London – Distinction

LPC: BPP Law School, London – Distinction

BCL: St Cross College, Oxford – Distinction

Memberships & Associations

PIBA, ELBA, COMBAR