• Tom accepts instructions in all areas of Chambers’ work, as an advocate or in an advisory capacity, including on a direct access basis. He is known for his calm and clear-headed approach. His practice is split between criminal and regulatory work, the latter encompassing the regulation of healthcare professionals, the regulation of the financial markets, and, particularly, the regulation of commercial gambling.

    Crime

    Tom is regularly instructed to appear for the defence in the Crown Court for a broad range of criminal offences. He is a committed 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. In addition, Tom prosecutes in the Crown Court 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.

    Corporate & Financial Crime

    Tom has a growing practice in the area of corporate and financial crime. He has been instructed by the Financial Conduct Authority in respect of regulatory matters, and also by defence solicitors acting for senior professionals working in the City of London.

    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. His work in the regulatory field brings him into close contact with various areas of the public law domain.

    Appointments

    • CPS Advocates Panel Level 2

    Professional Memberships

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

    Education

    • LLB, University of Law
    • 2013: Sunley Scholar, Lincoln’s Inn
    • 2012-2013: Denning Scholar, Lincoln’s Inn
    • 2011-2012: Brougham Scholar, Lincoln’s Inn
    • 2011: Hardwicke Scholar, Lincoln’s Inn
    • BA (Hons) Modern History and Politics, Keble College, University of Oxford
    • 2009: Craythorne Scholar, Worshipful Company of Cutlers

    Privacy Notice

    Recent Cases

    • 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 was instructed to represent a young man charged with possession of a bladed article.His defence was that the knife was used as part of his fishing kit, and that he had forgotten to remove it from the boot of his car. After a three day trial at Wood Gr...

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    • Edward Henry QC and Tom Orpin-Massey were instructed to represent a young Albanian man accused of drug dealing.

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    • Tom Orpin-Massey was instructed by Shaw Graham Kersh to represent a young man accused of drug dealing from a flat in Hackney, along with two others.

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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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    • Tom Orpin-Massey represented R, a man who had been convicted of numerous counts of possession with intent to supply.

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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

    • Tom Orpin-Massey assists UK Gambling Commission with their first published enforcement report

      On Thursday 28 June the Gambling Commission published their first ever enforcement report, a review of the Commission’s regulatory and criminal enforcement work over the past financial year.  The report focuses on key areas of regulatory concern, in...

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    • London Legal Walk 2018

      QEB Hollis Whiteman are walking with the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit.

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    • Tom Orpin-Massey acts for the HCPC as Occupational Therapist is struck off following affair with patient

      Tom Orpin-Massey this week represented 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 und...

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    • Tom Orpin-Massey acts for the HCPC as a social worker's fitness to practice is found to be impaired following the marking of a grossly inappropriate and racist comment

      Tom Orpin-Massey was instructed by Kingsley Napley to represent the HCPC in a case brought against a social worker, Mrs T, who was accused of making a grossly inappropriate and racist comment to a colleague in an exchange about making a cup of tea. Asked ...

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    • 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...

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    • QEB Hollis Whiteman appoints four pupils as tenants

      The four are Katherine Lloyd, Arabella MacDonald, Eloise Emanuel, Tom Orpin-Massey.

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    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 growing practice in the area of corporate and financial crime. He has been instructed by the Financial Conduct Authority in respect of regulatory matters, and also by defence solicitors acting for senior professionals working in the City of London.

    Experience

    In 2017 Tom was seconded to the Financial Conduct Authority 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.

    Further, 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 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 judgment and analytical skills in performing such tasks.

    Since April 2019 Tom has been instructed by WilmerHale to assist their client in responding to a US Department of Justice subpoena. Tom is principally advising on the applicability of legal professional privilege in the context of a large document review process.

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

    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

    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.

    R v W International (2014)
    Instructed by BCL to represent W International, a large company pleading guilty to an offence of failing to give information at Worthing Magistrates’ Court. The company was given a low-level fine after submissions as to significant mitigating circumstances were made.

    Recent Cases

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

    Articles

  • A fantastic junior advocate with an impressive approach and equally impressive results.

    Overview

    Tom is regularly instructed to appear for the defence in the Crown Court for a broad range of criminal offences. He is a committed 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. In addition, Tom prosecutes in the Crown Court and has been appointed to the CPS Panel at Level 2.

    Experience

    Tom is first and foremost a criminal advocate. He is regularly instructed to appear for the prosecution and the defence in the Crown Court. He also defends individuals and companies in the Magistrates’ Court.

    In the past three years Tom has built a solid reputation among his instructing solicitors. He is known for his thorough preparation, pragmatic approach, and persuasive advocacy.

    Tom has successfully defended clients facing a range of allegations, including assault, theft, harassment, and sexual offences. He has acted alone or as a led junior.

    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.

    In addition, 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.

    Tom also prosecutes in the Crown Court, building on experience he gained as a Magistrates’ Court prosecutor during his pupillage. He is a now a CPS Level 2 advocate and accepts instructions to prosecute a wide range of criminal matters, including burglary, serious assaults, and drugs offences.

    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 as to whether material seized is subject to legal professional privilege (LPP) 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.

    Notable Cases

    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.

    R v T (2018)
    Tom was instructed by Tuckers solicitors to represent a personal trainer accused of sexually assaulting a girl with whom he lived. The case involved significant disclosure issues relating to the complainant’s mental health. Not guilty verdict returned by the jury.

    R v G (2016)
    Instructed by Hodge Jones & Allen, Tom represented a 19-year-old man of good character accused of sexually assaulting a woman at a nightclub. The crown offered no evidence following the drafting of a letter of representations by counsel that there was no real prospect of conviction (Blackfriars CC).

    Recent Cases

    • 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 was instructed to represent a young man charged with possession of a bladed article.His defence was that the knife was used as part of his fishing kit, and that he had forgotten to remove it from the boot of his car. After a three day trial at Wood Gr...

    • Edward Henry QC and Tom Orpin-Massey were instructed to represent a young Albanian man accused of drug dealing.

    • Tom Orpin-Massey was instructed by Shaw Graham Kersh to represent a young man accused of drug dealing from a flat in Hackney, along with two others.

    • 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.

    • Tom Orpin-Massey represented R, a man who had been convicted of numerous counts of possession with intent to supply.

    • 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 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...

  • A junior advocate who punches above his weight in the field of professional regulation, Tom Orpin-Massey has an impressive and growing practice in the field of regulatory law.

    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

    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 and is happy to advise licence holders facing regulatory enforcement proceedings. His work with the Commission focused on misleading advertising, breaches of social responsibility codes, and failures in anti-money laundering controls. He is presently assisting the Commission with a number of ongoing regulatory matters relating to misleading advertising and unfair terms.

    Tom is 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.

    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 Practice 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 recent and 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) and the General Dental Council (GDC) in applications for interim orders, and at substantive hearings. His experience with the HCPC, the GDC, and the NMC means that he is well familiar with the legal principles underpinning all healthcare regulators, including the General Medical Council (GMC). He has recently presented complex cases on behalf of the General Chiropractic Counsel.

    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.

    Notable Cases

    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

    • 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.

    News

    Articles

  • 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. He spent a good deal of time during his pupillage 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.

  • 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.

    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.

    Tom also accepts instructions in extradition cases.

    Articles