News:

SELECT TOP(10) ChildSite.SitePageId, ChildSite.PageFolder, ChildSite.PageName, ChildSite.PageType, CFTitle.CustomInformationValue, CFDescript.CustomInformationValue, CFDate.CustomInformationValue, CFCat.CustomInformationValue, CaseDate = CASE WHEN Len(CFDate.CustomInformationValue) < 1 THEN null ELSE CAST(SUBSTRING(CFDate.CustomInformationValue,7,4) + '-' + SUBSTRING(CFDate.CustomInformationValue,4,2) + '-' + SUBSTRING(CFDate.CustomInformationValue,1,2)AS DATETIME) END FROM tblSitePage ParentSite INNER JOIN tblLinkPage LinkPage ON (ParentSite.SitePageId = LinkPage.pageID) INNER JOIN tblSitePage ChildSite ON (LinkPage.linkPageID = ChildSite.SitePageId) INNER JOIN tblCustomFieldInformation CFTitle ON ChildSite.SitePageId = CFTitle.SitePageId AND CFTitle.CustomFieldId = 1 INNER JOIN tblCustomFieldInformation CFDescript ON ChildSite.SitePageId = CFDescript.SitePageId AND CFDescript.CustomFieldId = 2 INNER JOIN tblCustomFieldInformation CFCat ON ChildSite.SitePageId = CFCat.SitePageId AND CFCat.CustomFieldId = 3 INNER JOIN tblCustomFieldInformation CFDate ON ChildSite.SitePageId = CFDate.SitePageId AND CFDate.CustomFieldId = 4 WHERE ParentSite.SitePageId =254 AND ParentSite.PageStatus Like 'Live' AND ParentSite.PageLevel = 4 AND ChildSite.PageStatus Like 'Live' AND ChildSite.PageLevel = 4 ORDER BY CaseDate DESC, ChildSite.PageOrder, ChildSite.PageName

QEB News: Tom Kark QC speaking at Regulation of Healthcare Professionals Conference 2017
19.09.2017 More >

QEB News: Tom Kark prosecutes four in machine gun murder in Harlesden at Central Criminal Court
12.12.2016 More >

QEB News: General Pharmaceutical Council Appeal to the Supreme Court - Tom Kark QC
11.11.2016 More >

QEB News: Tom Kark QC and Alexandra Felix represent GMC in Dr Waney Squier's appeal
3.11.2016 More >

QEB News: Tom Kark QC and John Lynch train the GMC legal team in Manchester
31.10.2016 More >

QEB News: Tom Kark QC comments on the exposure of NHS Trusts to criminal proceedings brought by the HSE
13.11.2015 More >

QEB News: Tom Kark QC and Alex Felix open case against Dr Waney Squier
9.10.2015 More >

QEB News: Tom Kark QC and Ben Fitzgerald secure conviction in death at work case
2.12.2014 More >

QEB News: Tom Kark QC and John Lynch commence case for GMC against paediatric neuropathologist Dr Waney Squier
16.9.2014 More >

QEB News: Ranked as Leader in Financial Crime,Professional Disclipline and Inquests and Public Inquiries by Chambers UK
28.7.2014 More >

QEB News: Tom Kark QC and Polly Dyer speak at Leigh Day Solicitors on Coroners and Inquests
12.6.2014 More >

QEB News: Tom Kark QC and Polly Dyer represent family at Inquest into the death of a Red Arrows pilot
10.1.2014 More >

QEB News: R -v- Green
11.11.2013 More >

QEB News: Dentist Addow struck off for offering FGM
4.9.2013 More >

QEB News: 3 members nominated for Chambers Bar Awards 2013
3.9.2013 More >

Tom Kark QC

Call 1982
Silk 2010
LLB

Practice: Regulatory, Fraud, Crime and Public Inquiries

"Tom is often the first choice for high-profile cases. He is an authoritative and commanding advocate who is easy to work with."“He's someone who's at the very top of this area of work. He's very good in long-running, complex regulatory cases and is always a pleasure to work with.” Chambers UK (2017) Professional Discipline

"Very thorough in his preparation, he is a supremely hard worker." "A reasonable and sensible advocate." Chambers UK (2017)Inquests & Public Inquiries

“He has a good sense of the big picture and what the client actually needs.” Chambers UK (2016) Professional Discipline

"He prepares thoroughly and is scrupulously fair to his opponent." Legal 500 (2016) Professional Discipline and Regulatory Law

"He provides the reassurance that a case will be handled with incredible experience and care." "He is incredibly approachable and easy to talk through things with." Chambers UK (2015) Professional Discipline


Summary

Tom  has an extensive medical regulatory practice and also acts in public inquiries and inquests.
He was lead counsel to the Mid-Staffs NHS Foundation Trust public inquiry chaired by Sir Robert Francis QC.  
Tom defends and prosecutes in all types of commercial fraud and general crime  He has extensive experience in the area of commercial crime and also advises on money laundering provisions.  He is also very experienced in dealing with homicide cases including gross negligence manslaughter.

Tom accepts work via direct public access.

 

Reviews

"Respected silk with extensive experience in the professional regulatory field; he focuses particularly on complex healthcare issues. He is typically instructed by the GMC and is well known for his adept handling of significant inquests."- Chambers UK (2017) Professional Discipline

"Appears in a wide array of public inquiries and inquests. His recent instructions involve healthcare regulation as well as health and safety." – Chambers UK (2017) Inquests & Public Inquiries

"The 'always fabulous' Tom Kark QC 'has such a wide breadth of knowledge when it comes to medical matters that he brings a totally different dynamic to discussions.'  He has notably been heavily involved in the Mid Staffordshire NHS Foundation Trust Inquiry." – Chambers UK (2013)

“Tom Kark QC is ‘someone to go to for high-profile cases of significance, particularly where sensitivity is needed.’” – Legal 500 (2012)


Crime

Tom Kark defends and prosecutes in all types of serious crime including murder, manslaughter, death by dangerous driving, rape, offences against children, gun offences, armed robbery, and importation, manufacture and supply of drugs as well as serious fraud and 'white collar crime' (see below). He has also recently been involved in a number of Health and Safety Act prosecutions also involving gross negligence manslaughter.

As standing counsel to HMRC for eight years until 2010 he has dealt with numerous high level drug importations and diversion cases, including prosecutions for the Serious Organised Crime Agency.

Business crime

As standing Counsel to HMRC for eight years Tom was involved in some of the largest fraud prosecutions in the country including the largest diversion fraud ever prosecuted at the time.

He has defended those prosecuted for fraud and business crime whether by the SFO or other agencies for several decades and his experience covers cases involving a wide range of fraud including the following: mortgages; arbitrage; insider dealing; company fraud; fraud on government funding in the film industry; internal computer misuse; car market manipulation of prices; internal company theft and money laundering.

Tom has also successfully defended in a sanctions busting case investigated by both UK and USA authorities involving the export of prohibited material to Iran.

Regulatory

Tom is highly recommended for complex regulatory cases requiring sensitivity and experience. He sits as a legal assessor in the Human Fertilisation and Embryology Authority and in the Osteopathic Council.

He has prosecuted in complex and noteworthy cases for the General Medical Council, including those of Dr Skinner (overuse of Thyroxine), Dr Barton (Gosport War Memorial Hospital mis-prescribing Diamorphine) and Dr Trossel (using stem cell therapy in the purported treatment of multiple sclerosis). Tom is currently involved in the prosecution of Dr Waney Squier (baby shaking expert) and Mr Ian Paterson (Birmingham breast surgeon).

Tom prosecutes and defends dentists, chiropractors, solicitors and others in regulatory tribunals.

Inquests and public inquiries

Tom represented the bereaved family of Red Arrows pilot Flight Lieutenant Sean Cunningham.

In 2010 Tom was appointed lead counsel to the public inquiry into the failure to regulate the Mid-Staffordshire NHS Foundation Trust, leading a team of three juniors. The inquiry reported in February 2013 and won praise for the efficiency with which it was run and the breadth and depth of evidence. The report was well received by Government and the wider health community.


Appointments

2010 Queen's Counsel
2002 Standing Counsel to the Revenue & Customs Prosecutions Office
2000 Recorder

Additional Information

Member of Association of Regulatory & Disciplinary Lawyers
Registered with the Bar Council – Public Access Directory
Member of the Public Access Bar Association - PABA

Notable cases:

R v Siamino & others (2016)

Squier v GMC [2016] EWHC 2739

Waney Squier v GMC (on Judicial Review) (2015)
Waney Squier v GMC (on Judicial Review)

R v Lederman (2015)
Prosecution of 85 year old man for causing death and serious injury by dangerous driving

R v Babamiri, Hawkins and related companies (2014)
Successful prosecution for gross negligence manslaughter and related health and safety act offences.

GDC v Radeke (2014)
Prosecution of dentist for operating upon patient who died within 24 hours

GMC v Dr Mao Aweys (2014)
Prosecution of doctor for attempting to arrange FGM on a female patient.

Inquest of Flt. Lt Sean Cunningham (2014)
Death of a Red Arrow Pilot

R -v- Green (2013)
Succesful prosecution of a 16 year old charged with murdering another teenager on a crowded London bus. 

GDC V Addow (2013)
Dentist Omar Sheikh Mohamed Addow struck off for offering female genital mutilation

Mid Staffordshire NHS Foundation Trust Public Inquiry (2013)
Counsel to the inquiry

R v Pirgali (2013)
Gross negligence manslaughter

Articles:

Khan v General Pharmaceutical Council (Scotland) [2016] UKSC 64
Tom Kark QC and Kenneth Hamer consider the importance of the Supreme Court decision in this case for Fitness to Practice committees of regulatory bodies.
Download (PDF) >

Tom Kark QC comments on the exposure of NHS Trusts to criminal proceedings brought by the HSE
Tom Kark QC was recently interviewed for the Lexis PSL series on the potential liability of NHS Trusts for criminal charges i 13.11.2015
Download (PDF) >