Tom Orpin-Massey

  • An outstanding junior barrister known for his calm and clear-headed approach. He accepts instructions in all areas of Chambers' work, and has experience well-beyond his call in regulatory law.

    Corporate and Financial Crime

    Tom has a well-established and growing practice in the area of corporate and financial crime. He has been instructed by regulators and defence solicitors alike in major investigations into regulatory breaches and criminal enforcement matters. 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 judgement and analytical skills in performing such tasks. 

    Crime

    Tom is regularly instructed to appear in the Crown Court for a broad range of criminal offences. He is a talented 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 for his industry and commitment to cases in which he is instructed. Tom prosecutes as well as defends and has been appointed to the CPS Panel at Level 2. 

    Regulatory

    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.

    Private Prosecutions

    Tom has assisted multinational organisations and worked on large investigations and prosecutions through his work with Chambers' Private Prosecution Team.

    Public Law

    Tom has a keen interest and a growing practice in the area of public law, particularly in relation to inquiries and inquests. Tom is a member of chambers' public law practice group. 

    Appointments

    • CPS Advocates Panel Level 2
    • London Football Association Discipline Panels, Independent Member
    • GMC Approved Panel of Advocates

    Professional Memberships

    • Association of Disciplinary and Regulatory Lawyers
    • Young Fraud Lawyers Association
    • Criminal Bar Association

    Education

    •  BA (Hons) Modern History and Politics, Keble College, University of Oxford
    • LLB, University of Law
    • Sunley Scholar, Lincoln’s Inn (2013)
    • Denning Scholar, Lincoln’s Inn (2012)
    • Brougham Scholar, Lincoln’s Inn (2011)
    • Hardwicke Scholar, Lincoln’s Inn (2011)

    Reviews 

    Legal 500 2024: Professional Discipline – Tier 4

    Legal 500 2024: ‘He has the great ability to digest complex information quickly, and provides advice in a comprehensible manner. A calm and persuasive manner advocate.

       

    Recent Cases

    • Ben Maguire and Tom Orpin-Massey are instructed by CPS London to prosecute seven Chinese nationals accused of money laundering offences, and operating a foreign exchange service without authority.The conspirators, accused of operating a system of Chinese ...

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    • Tom was instructed to represent a young man of 16 with autism. X was 14 at the time of his alleged offending and was tried in the Youth Court at Oxford. X was said to have sexually assaulted his 5 year old cousin by licking her vagina and touching her vag...

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    • Tom was instructed to represent a father of two, accused of child cruelty against one of his sons, namely by wilfully assaulting him or ill treating him, leading to serious fractures to his right leg, suffered when he was 14 days old.His son had sustained...

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    • Tom was instructed to present a case against Dr C, a recovering alcoholic. She was alleged to be impaired by reason of misconduct (drinking on shift), conviction (a serious drink drive conviction), and ill-heath (alcoholism).The Dr represented herself, as...

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    • Roger Smart and Tom Orpin-Massey were instructed by the CPS to prosecute a man accused of attempted murder at Kingston Crown Court.The victim, a drug dealer, had been stabbed a number of times by a masked man with a knife as he had left his home to put so...

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    •  Alexandra Felix KC and Tom Orpin-Massey represented a 23 year old woman of previous good character at Leicester Crown Court, accused of attempted murder. AR had been involved in a fight inside a nightclub in Leicester and on leaving had got into her car ...

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    • Tom was instructed to present a case against KVH, a former headteacher of a very small and rural Church of England primary school. KVH was accused of embezzlement of school funds, including making purchases for her wedding, and for another venture she ran...

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    • Tom successfully represented a young man in his appeal under s.44 of the Firearms Act 1968 against a decision by the police to refuse him a firearms licence.OR’s application had been refused because of declarations he had made in his form about past...

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    • Tom was instucted by Lewis Silkin to advise their client, a prominent online newspaper, on their regulatory liabilities should they partner with a licensed gambling operator and offer gambling products to readers through their website.

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    • A man who deprived a charity of £285,000 as he ran a lottery on its behalf was jailed for three months. Rydings failed to pass on £285,000 of lottery proceeds to the charity whilst he was Chief Executive Officer of Capen Limited – a gambling operato...

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    • Tom was instructed by Lewis Silkin to advise their client, a software and game developer, whether various products they had produced were a game of chance or a game of skill. If the former, they were more likely to require a gambling licence if players co...

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    • Tom Orpin-Massey was instructed by Kasir Ahmed of the GDC to respond to an appeal by the appellant against a 12 month suspension order imposed by the Professional Conduct Committee against his registration. In short, the registrant had made comments that ...

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    • Tom Orpin-Massey was instructed by Defence Law, Leicester, to represent one of ten defendants in a murder case at Leicester Crown Court.Tom acted for a man accused on assisting an offender by providing transport and accommodation to those accused of murde...

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    • Tom represented KP at his re-trial at Hove Trial Centre and secured the clients acquittal. Tom had represented KP at his original trial in 2020 in which the jury were hung. KP, an Albanian national, was arrested at a flat in Eastbourne with another at whi...

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    • Adam King and Tom Orpin-Massey were instructed by the CPS to prosecute two joined gang-related cases in which a skorpion sub-machine gun had been discharged at others in broad daylight.The shootings happened in Tottenham within days of each other, one on ...

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    • Tom acted for the GDC’s criminal enforcement team in a private prosecution brought against a Romford man who was providing teeth whitening services without registration.The case was heard at Romford Magistrates’ Court. Mr Patel was convicted o...

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    • Member of chambers Tom Kark QC, Edward Henry QC, Tom Orpin-Massey, and Charlotte Godber appear for the defence in a seven-handed murder trial being heard at Reading Crown Court. The case concerns the killing of Luke O’Connell in north Wat

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    • Dozens of former subpostmasters appealed against their convictions for theft, fraud and false accounting, they claim was due to computing errors. Zoe Johnson QC represented the Post Office at the hearing having been engaged to review and consider decision...

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    • Tom was instructed by Jamie Hughes of Capsticks to represent the General Chiropractic Counsel in a case in which a McTimoney school chiropractor was accused of using contraindicated force on a patient with hypermobility. The case continues.

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    • Tom was instructed by Criminal Defence Milton Keynes to represent a 70 year old man of previous good character accused of sexually assaulting his biological son 28 years ago. The case is ongoing.

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    • Tom was instructed by Naz Baig of Waterfords Solicitors. ER had been charged with drug dealing after being found with heroin and cocaine on his person. ER accepted possession but not onward intent to supply. After written representations were made to the ...

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    • Tom Kark QC and Tom Orpin-Massey are instructed by Kevin Bowles or Sperrin Law to represent one of seven young men accused of murder. It is alleged that the seven co-defendants hunted down the deceased and stabbed him to death with a samurai sword. The tr...

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    • Tom was instructed to represent Social Work England in a case brought against H, a Team Leader who it was alleged failed to supervise a NQ social worker struggling to deal with a very high-risk case. The case continues.

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    • Instructed by the Financial Conduct Authority as part of a disclosure team in a major criminal investigation into suspected “pump and dump” tactics deployed by a number of individuals controlling an LSE listed company.

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    • Tom was instructed by Abigail Ashford of Reeds Solicitors to represent a foreign national and serving prisoner who was charged with a string of attempted ATM thefts across the country. B was serving for a like offence that post-dated this offending becaus...

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    • Instructed by Simon Jowett of Gordon Shine to represent an Albanian man accused of drug dealing with another man in Eastbourne. Both were found in a holiday flat with numerous Class A drugs, drug paraphernalia, and “burner phones”. His co-defe...

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    • Instructed by Peters & Peters as part of a team of barristers reviewing historic private prosecutions brought by the Post Office against former Sub-Postmasters. This followed the review of a number of convictions by the Criminal Cases Review Commission, a...

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    • Tom advised a high-earning individual who had lost a significant amount of money one evening at a well-known London casino. X’s case was that he was drunk, and should not have been allowed to increase his limit, and to gamble. Tom advised on a subje...

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    • Tom represented Laura Hughes, an environmental activist, charged with aggravated trespass.The case related to an incident in which Ms Hughes and her co-defendant, Ms Green, had taken direct action at a protest against construction work on the High Speed 2...

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    • Tom Orpin-Massey represented a young man with Asperger Syndrome who had been charged with causing actual bodily harm by beating a man unconscious.

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    • Tom Orpin-Massey was instructed by Tuckers solicitors to represent a personal trainer accused of sexually assaulting a girl with whom he lived.

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    • Instructed by the Gambling Commission to advise on the review of BGO’s licence.

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    • Instructed by the Gambling Commission to advise on regulatory action they were taking against Camelot.

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    • Instructed by Capsticks to represent the General Chiropractic Council in a case heard before their Conduct & Competence Committee.The Registrant was alleged to have improperly performed fire-cupping on a patient, an ancient Chinese tissue treatment, which...

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    • Instructed by Hodge Jones & Allen Tom Orpin-Massey represented a teenager accused of joint enterprise theft and Joint enterprise attempted robbery.

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    • Instructed by the General Dental Council in a substantive hearing before a Professional Conduct Committee.

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    • Instructed by Hodge Jones & Allen Tom Orpin-Massey represented a 19 year old man of good character accused of sexually assaulting a woman at a nightclub.

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    • The CPS instructed Tom Orpin-Massey to prosecute the theft of a bag from a gym locker by a serial thief.

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    • Tom Orpin-Massey represented the Nursing and Midwifery Council in a substantive hearing before a Conduct and Competence Committee.

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    • Instructed by Stephen Young Solicitors, Tom Orpin-Massey represented a company director charged with failing to preserve company records.

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    News

    Articles

  • Corporate and Financial Crime

    Having received varied and impressive instructions within the field of corporate and financial crime, Tom Orpin-Massey has a burgeoning career in this field.

    Overview

    Tom has a well-established and growing practice in the area of corporate and financial crime. He has been instructed by regulators and defence solicitors alike in major investigations into regulatory breaches and criminal enforcement matters. 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 judgement and analytical skills in performing such tasks. 

    Experience

    Tom has over eight years' experience in corporate and financial crime. Recent instructions included from the Financial Conduct Authority as part of a disclosure team in a major criminal investigation into suspected "pump and dump" tactics deployed by a number of individuals controlling an LSE listed company.

    Between April and December 2020, Tom was instructed by Peter & Peters to assist their client Post Office Limited in a major review of past private prosecutions of former Sub-Postmasters that had relied on Horizon computer system evidence. This followed a high-profile decision by the Criminal Cases Review Commission to refer the convictions of 47 Sub-Postmasters for appeal. Tom prepared case summaries and assisted in a large team of barrister document reviewers. 

    Between April and December 2019, Tom was instructed by WilmerHale to assist their client, a major commodity multinational in responding to a US Department of Justice subpoena. Tom was principally advising on the applicability of legal professional privilege in the context of a large document review.

    In 2018, Tom was instructed by Hickman & Rose LLP to assist with the defence of a London based senior banking professional under investigation by the FCA and the US Department of Justice for his role in securing vast development loans to the Government of a sub-Saharan African Country. 

    In 2017 Tom was seconded to the FCA 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.

    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 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 Chamber).

    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.

    Tom has significant experience of acting as independent counsel in legal privilege reviews linked to corporate and financial criminal investigations. In 2016, he acted as independent counsel to Operation Hornet, the prosecution of a former HBOS Manager and his co-conspirators, charged with defrauding the bank of £35m. Further, throughout 2014 Tom acted as independent counsel to Operation Axiom, a Home Office prosecution of a ring of solicitors accused of multiple immigration fraud offences. He is currently assisting Thames Valley Police with an ongoing privilege review linked to allegations of money laundering. 

    Notable Cases

    Post Office Limited (2020)
    Instructed by Peters & Peters as part of a team of barristers reviewing historic private prosecutions brought by the Post Office against former Sub-Postmasters. This followed the review of a number of convictions by the Criminal Cases Review Commission, and their decision to refer a number to the Court of Appeal.
     
    Major FCA investigation (2020/21)
    Instructed by the Financial Conduct Authority as part of a disclosure team in a major criminal investigation into suspected “pump and dump” tactics deployed by a number of individuals controlling an LSE listed company.
     

    Major DOJ investigation (2019)
    Tom is instructed by US law firm WilmerHale to advise on matters of disclosure and legal privilege in the context of a complex document review, in which their client is responding to two wide ranging DOJ subpoenas.

    Major FCA investigation (2018)
    Tom Orpin-Massey is instructed by Hickman & Rose to assist in the defence of a senior finance professional under investigation by authorities in the US and UK for his role in securing multi-million dollar loans to an emerging African economy.

    R v M & Others (2015-2016)
    Instructed by Thames Valley Police to act as Independent Counsel, reviewing a large number of documents relating to a number of companies run by the defendants and potentially subject to LPP. Careful consideration was given to the principles of legal privilege, particularly the crime fraud exception to that privilege.

    Recent Cases

    Articles

  • An assured junior advocate with an impressive approach and equally impressive results.

    Overview

    Tom is regularly instructed to appear in the Crown Court for a broad range of criminal offences. He is a talented 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 for his industry and commitment to cases in which he is instructed. Tom prosecutes as well as defends and has been appointed to the CPS Panel at Level 2.

    Experience

    Tom has built a strong reputation among instructing solicitors and has received increasingly complex and high-profile instructions. He is known for his thorough preparation, pragmatic approach, and persuasive advocacy.

    Tom has successfully defended clients facing a range of allegations, including serious assault, sexual offences, and drug supply offences. He advises his clients clearly and robustly. He has had particular success in persuading prosecuting authorities not to continue with a case at an early stage through letters of representation.

    Notable instructions in the last 12 months have included the defence of a mother of two accused of attempted murder, the defence of a child with autism accused of sexually assaulting his younger cousin while babysitting her, and the defence of a university student accused of rape. All cases ended in acquittals. In the same period, Tom has been instructed for the prosecution as a junior in matters of increasing seriousness, such as the prosecution of a group of Chinese nationals living in the UK and alleged to be running an illegal money service business with laundered funds (to the value of £54 million), the attempted murder of a drug dealer by one of his clients, and a gang of prolific high-value bike thieves in the east London area. 

    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.

    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 is frequently instructed to advise investigating agencies whether material seized is subject to legal privilege as independent counsel. This is an area of work he particularly enjoys. He has recently been instructed by both the Home Office and Thames Valley Police in sensitive cases requiring clear advice as to whether documents seized or requested by prosecuting authorities are subject to legal privilege. 

    Tom is regularly instructed on a private 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 offence.

    Notable Cases

    R v Wright (2023)
    Roger Smart and Tom Orpin-Massey were instructed by the CPS to prosecute a man accused of attempted murder at Kingston Crown Court. The victim, a drug dealer, had been stabbed a number of times by a masked man with a knife as he had left his home to put some recycling out. The assailant ran off, disposing of the knife in a nearby building site. The victim was adamant that it was Mr Wright who stabbed him, but there was little supporting evidence bar some clues as to a motive: Mr Wright’s partner, a drug addict, had gone missing shortly before the stabbing, and Mr Wright may have blamed the victim, her dealer, for this. Mr Wright was convicted after a two week trial and awaits sentence.

    R v Nti, Berry & Driver (2021)
    Adam King and Tom Orpin-Massey were instructed by the CPS to prosecute two joined gang-related cases in which a skorpion sub-machine gun had been discharged at others in broad daylight. The shootings happened in Tottenham within days of each other, one on a housing estate, and one between rival cars that were chasing each other. All three defendants were convicted of their respective roles, berry for firing the weapon twice, Nti for encouraging or assisting him, and Driver for being in possession of the weapon in the days after the shooting.
     
    R v Azad & others (2020/21)
    Tom Kark QC and Tom Orpin-Massey are instructed by Kevin Bowles of Sperrin Law to represent one of seven young men accused of murder. It is alleged that the seven co-defendants hunted down the deceased and stabbed him to death with a samurai sword. The trial will start again in 2021 after failing to conclude in March 2020 because of the coronavirus pandemic.
     

    R v M (2018)
    Edward Henry QC and Tom were instructed by Simon Jowett of Gordon Shine Solicitors to represent a young Albanian man accused of drug dealing, and being in possession of £112,000 in cash that was criminal property. Following a one-week trial at Isleworth Crown Court the defendant was acquitted in under 30 minutes by the jury.

    R v R (2018)
    Tom represented R, a man who had been convicted of numerous counts of possession with intent to supply. Written submissions to the Court of Appeal led to leave to appeal being granted by the Single Judge. The sole issue was whether the trial judge had erred in refusing defence counsel’s request that the jury be directed that simple possession was an available alternative verdict, even where simple possession was not R’s case. The appeal was ultimately unsuccessful, but LJ Flaux praised the “ingenuity” of the appellant’s submissions. Neutral citation: [2018] EWCA Crim 149. He was instucted by Tuckers Solicitors.

    Recent Cases

    • Ben Maguire and Tom Orpin-Massey are instructed by CPS London to prosecute seven Chinese nationals accused of money laundering offences, and operating a foreign exchange service without authority.The conspirators, accused of operating a system of Chinese ...

    • Tom was instructed to represent a young man of 16 with autism. X was 14 at the time of his alleged offending and was tried in the Youth Court at Oxford. X was said to have sexually assaulted his 5 year old cousin by licking her vagina and touching her vag...

    • Tom was instructed to represent a father of two, accused of child cruelty against one of his sons, namely by wilfully assaulting him or ill treating him, leading to serious fractures to his right leg, suffered when he was 14 days old.His son had sustained...

    • Roger Smart and Tom Orpin-Massey were instructed by the CPS to prosecute a man accused of attempted murder at Kingston Crown Court.The victim, a drug dealer, had been stabbed a number of times by a masked man with a knife as he had left his home to put so...

    •  Alexandra Felix KC and Tom Orpin-Massey represented a 23 year old woman of previous good character at Leicester Crown Court, accused of attempted murder. AR had been involved in a fight inside a nightclub in Leicester and on leaving had got into her car ...

    • Tom Orpin-Massey was instructed by Defence Law, Leicester, to represent one of ten defendants in a murder case at Leicester Crown Court.Tom acted for a man accused on assisting an offender by providing transport and accommodation to those accused of murde...

    • Tom represented KP at his re-trial at Hove Trial Centre and secured the clients acquittal. Tom had represented KP at his original trial in 2020 in which the jury were hung. KP, an Albanian national, was arrested at a flat in Eastbourne with another at whi...

    • Adam King and Tom Orpin-Massey were instructed by the CPS to prosecute two joined gang-related cases in which a skorpion sub-machine gun had been discharged at others in broad daylight.The shootings happened in Tottenham within days of each other, one on ...

    • Member of chambers Tom Kark QC, Edward Henry QC, Tom Orpin-Massey, and Charlotte Godber appear for the defence in a seven-handed murder trial being heard at Reading Crown Court. The case concerns the killing of Luke O’Connell in north Wat

    • Dozens of former subpostmasters appealed against their convictions for theft, fraud and false accounting, they claim was due to computing errors. Zoe Johnson QC represented the Post Office at the hearing having been engaged to review and consider decision...

    • Tom was instructed by Criminal Defence Milton Keynes to represent a 70 year old man of previous good character accused of sexually assaulting his biological son 28 years ago. The case is ongoing.

    • Tom was instructed by Naz Baig of Waterfords Solicitors. ER had been charged with drug dealing after being found with heroin and cocaine on his person. ER accepted possession but not onward intent to supply. After written representations were made to the ...

    • Tom Kark QC and Tom Orpin-Massey are instructed by Kevin Bowles or Sperrin Law to represent one of seven young men accused of murder. It is alleged that the seven co-defendants hunted down the deceased and stabbed him to death with a samurai sword. The tr...

    • Tom was instructed by Abigail Ashford of Reeds Solicitors to represent a foreign national and serving prisoner who was charged with a string of attempted ATM thefts across the country. B was serving for a like offence that post-dated this offending becaus...

    • Instructed by Simon Jowett of Gordon Shine to represent an Albanian man accused of drug dealing with another man in Eastbourne. Both were found in a holiday flat with numerous Class A drugs, drug paraphernalia, and “burner phones”. His co-defe...

    • Tom represented Laura Hughes, an environmental activist, charged with aggravated trespass.The case related to an incident in which Ms Hughes and her co-defendant, Ms Green, had taken direct action at a protest against construction work on the High Speed 2...

    • Tom Orpin-Massey represented a young man with Asperger Syndrome who had been charged with causing actual bodily harm by beating a man unconscious.

    • Tom Orpin-Massey was instructed by Tuckers solicitors to represent a personal trainer accused of sexually assaulting a girl with whom he lived.

    • Instructed by Hodge Jones & Allen Tom Orpin-Massey represented a teenager accused of joint enterprise theft and Joint enterprise attempted robbery.

    • Instructed by Hodge Jones & Allen Tom Orpin-Massey represented a 19 year old man of good character accused of sexually assaulting a woman at a nightclub.

    • The CPS instructed Tom Orpin-Massey to prosecute the theft of a bag from a gym locker by a serial thief.

    News

    • Tom Kark QC, Edward Henry QC, Tom Orpin-Massey, and Charlotte Godber appear for the defence in Watford samurai sword murder

      Member of chambers Tom Kark QC, Edward Henry QC, Tom Orpin-Massey, and Charlotte Godber appear for the defence in a seven-handed murder trial being heard at Reading Crown Court. The case concerns the killing of Luke O’Connell in north Wat

    • Tom Orpin-Massey defends Tweeter accused of illegal Tweeting

      Tom Orpin-Massey  represented a client charged with sending tweets that were either menacing in character or grossly offensive, whilst he was a spectator at last year's Tour de France cycle race through London. Facing a single charge contrary to s.127 Com...

    Articles

  • An advocate who punches above his weight in the field of professional regulation, Tom Orpin-Massey is fast becoming a go-to regulatory junior. 

    Overview

    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.

    Experience

    Gambling

    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. His work with the Commission focused on misleading advertising, breaches of social responsibility codes, and failures in anti-money laundering controls. He continues to be instructed on an ad hoc basis by the Commission to advise on a range of criminal and regulatory matters, and has represented the Commission officials before regulatory panels. 

    Tom is now 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 industry.

    In the last 12 months Tom has been instructed to advise a major online newspaper on a prospective partnership with a gambling operator, and to advise a number of software developers on whether the playing of games they had created amounted to gambling (e.g. "spot the ball"). 

    He has also represented high-earning individuals aggrieved by their treatment by a gambling operator or a casino, and has secured major financial settlements on their behalf through written representations. His knowledge of the regulatory environment and the clear expectations on operators can often help expose shortcomings in the way they have dealt with a customer. 

    Healthcare

    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 Practise 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 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),General Dental Council (GDC), and General Medical Council (GMC) in applications for interim orders, and at substantive hearings. He has recently presented complex cases on behalf of the General Chiropractic Counsel (GCC).

    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 disciplinary Tribunal experience as he sits as an Independant Member on London Football Association Discipline Panels, hearing cases relating to a wide range of misconduct. He also sits as a legal advisor in misconduct proceedings brought by the National Registers of Communication Professionals Working with Deaf and Deafblind People (NRCPD). 

    Notable Cases

    Gambling Commission v Capen Limited (2021)
    Tom was instructed by the UK Gambling Commission to represent them at an appeal before a regulatory panel made up of Commissioners. The appeal was against the suspension of Capen’s licence, and the immediacy of this suspension, rather than it not taking effect until the appeal period expired. The licensee, an operator that had run society lotteries, and was also a gambling software developer, submitted that the suspension was disproportionate. The appeal was dismissed and the suspension was upheld.
     
    GCC v LLM (2020)
    Tom was instructed by Jamie Hughes of Capsticks to represent the General Chiropractic Counsel in a case in which a McTimoney school chiropractor was accused of using contraindicated force on a patient with hypermobility. The case continues.
     

    NMC v D, S, and W (2018)
    Tom was instructed by the Nursing and Midwifery Council to present a complex case concerning D, S, and W, who were senior managers responsible for two care homes in Kent that received appalling CQC inspection reports and were ultimately closed down. The Registrants’ respective cases were that they were not directly responsible for the failings at the homes, but after a three week hearing heard in Edinburgh a panel of the Council’s Conduct and Competence Committee found that all three were responsible in their different ways as senior management of the homes, and that their fitness to practise was impaired.

    BGO Ltd (2017)
    Instructed by the Gambling Commission to advise on the review of BGO’s licence. BGO's licence was reviewed due to misleading advertising and breaches of social responsibility codes. The operator was issued with a formal warning and fined £300,000.

    HCPC v G (2015)
    Instructed by Kingsley Napley to represent the Health and Care Professions Council in a hearing before a Conduct and Competence Committee. The Registrant, a senior Occupational Therapist, was alleged to have engaged in a sexual relationship with a patient under her care at a residential centre for those with acquired brain injuries. During the relationship the patient had tried to take his life on more than one occasion. The Panel found the facts proved that the behaviour constituted “very serious” misconduct, that the Registrant’s fitness to practice was currently impaired and that she should be struck off the Register.

    HCPC v H (2015)
    Instructed by Kingsley Napley to represent the Health and Care Professions Council in a hearing before a Conduct and Competence Committee. The Registrant was a senior Podiatric Surgeon. The case involved complex expert evidence as to the Registrant’s actions before, during, and after foot surgery.

    Recent Cases

    • Tom was instructed to present a case against Dr C, a recovering alcoholic. She was alleged to be impaired by reason of misconduct (drinking on shift), conviction (a serious drink drive conviction), and ill-heath (alcoholism).The Dr represented herself, as...

    • Tom was instructed to present a case against KVH, a former headteacher of a very small and rural Church of England primary school. KVH was accused of embezzlement of school funds, including making purchases for her wedding, and for another venture she ran...

    • Tom successfully represented a young man in his appeal under s.44 of the Firearms Act 1968 against a decision by the police to refuse him a firearms licence.OR’s application had been refused because of declarations he had made in his form about past...

    • Tom was instucted by Lewis Silkin to advise their client, a prominent online newspaper, on their regulatory liabilities should they partner with a licensed gambling operator and offer gambling products to readers through their website.

    • A man who deprived a charity of £285,000 as he ran a lottery on its behalf was jailed for three months. Rydings failed to pass on £285,000 of lottery proceeds to the charity whilst he was Chief Executive Officer of Capen Limited – a gambling operato...

    • Tom was instructed by Lewis Silkin to advise their client, a software and game developer, whether various products they had produced were a game of chance or a game of skill. If the former, they were more likely to require a gambling licence if players co...

    • Tom Orpin-Massey was instructed by Kasir Ahmed of the GDC to respond to an appeal by the appellant against a 12 month suspension order imposed by the Professional Conduct Committee against his registration. In short, the registrant had made comments that ...

    • Tom acted for the GDC’s criminal enforcement team in a private prosecution brought against a Romford man who was providing teeth whitening services without registration.The case was heard at Romford Magistrates’ Court. Mr Patel was convicted o...

    • Tom was instructed to represent Social Work England in a case brought against H, a Team Leader who it was alleged failed to supervise a NQ social worker struggling to deal with a very high-risk case. The case continues.

    • Tom advised a high-earning individual who had lost a significant amount of money one evening at a well-known London casino. X’s case was that he was drunk, and should not have been allowed to increase his limit, and to gamble. Tom advised on a subje...

    • Instructed by the Gambling Commission to advise on the review of BGO’s licence.

    • Instructed by the Gambling Commission to advise on regulatory action they were taking against Camelot.

    • Instructed by Capsticks to represent the General Chiropractic Council in a case heard before their Conduct & Competence Committee.The Registrant was alleged to have improperly performed fire-cupping on a patient, an ancient Chinese tissue treatment, which...

    • Instructed by the General Dental Council in a substantive hearing before a Professional Conduct Committee.

    • Tom Orpin-Massey represented the Nursing and Midwifery Council in a substantive hearing before a Conduct and Competence Committee.

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  • Private Prosecutions

    A junior with a keen understanding of the protection of intellectual property rights through the mechanism of private prosecution.

    Overview

    Tom has assisted multinational organisations and worked on large investigations and prosecutions through his work with chambers' Private Prosecution Team.

    Experience

    Tom has a strong interest in the enforcement of intellectual property rights. In 2015, he spent a good deal of time while a pupil assisting with private prosecutions being brought by the Federation Against Copyright Theft (FACT) against those responsible for selling fraudulent satellite TV cards in bulk and groups of film pirates who form “release groups”.

    In addition, Tom has assisted with the drafting of advice for the FA Premier League on the protection of its sports data from fraudulent third parties.

    Tom is presently part of a group within chambers that bring private prosecutions on behalf of the FA Premier League against the buyers and sellers of fraudulent TV devices.

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  • Inquests, Inquiries and Public Law

    A barrister with a considered and thorough approach to his work, Tom Orpin-Massey is a junior ideally suited to this field.

    Overview

    Tom has a keen interest and a growing practice in the area of public law, particularly in relation to inquiries and inquests. Tom is a member of Chambers’ public law practice group.

    Experience

    Tom's experience of the professional regulatory world often brings him into contact with areas within the field of public law. He has vast experience of reviewing large volumes of material and processing important and technically difficult data. He has impressive experience of document reviews.

    Tom is currently instructed as a junior in the Undercover Policing Inquiry. 

    For five months Tom was instructed by Fieldfisher, solicitors to the Coroner of the Hillsborough Inquests, as a junior member of their disclosure team. He was responsible for reviewing a large number of documents from South Yorkshire Police, South Yorkshire Ambulance Service, Eastwoods & Partners Engineers, and Sheffield Wednesday Football Club for data protection and privilege purposes.

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