Tom Wainwright

Barrister

Garden Court Chambers

Tom has a formidable reputation as a passionate defender and a strong advocate. He is regularly instructed as leading junior Counsel in high-profile cases of significant complexity, legal importance and serious violence. Tom also has a particular interest and experience in the following areas: Protest Cases: As lead author on ‘The Protest Handbook’ Tom has particular interest in upholding protestors’ rights under Articles 8, 10 and 11 of the European Convention on Human Rights and challenging the excessive or unlawful use of force by police officers. Tom’s practice in this area includes high-profile cases such as R v Caroline Lucas MP, charged with offences arising out of a peaceful protest against fracking in 2013 and R v Zac King who, together with Alfie Meadows was charged with violent disorder after trying to protect people during the 2010 student protests. Tom also appeared for R v Martin Jahnke who was arrested after throwing a shoe at the Chinese Prime Minister in protest at their Human Rights record. Court of Appeal: Most notably, Tom acted in R v Bassett, the leading case on the offence of voyeurism and which defined ‘breasts’ for the purposes of the Sexual Offences Act 2003. He also appeared as leading Counsel in R v McNally which dealt with the question as to whether alleged deception as to gender could nullify consent in sexual offences. Tom has a solid track record in having convictions quashed and sentences reduced where previous Counsel had advised there was no merit and where the Single Judge has refused leave. He is more than happy to take instructions pro bono in relation to the merits of making renewed applications. Tom is the current Treasurer for the Criminal Appeal Lawyers Association Committee. Serious Fraud and Confiscation: Tom has appeared in large scale complex frauds and is skilled at absorbing and processing complicated concepts and legal scenarios in order to effectively deploy the necessary facts before a jury. He has defended in prosecutions brought by the Serious Fraud Office, Trading Standards and the Department for Business, Innovation and Skills. He has also conducted a significant number of confiscation proceedings, many involving complex financial transactions, difficult issues relating to property and trusts and over-zealous prosecutors seeking orders for millions of pounds. Tom’s mastery of this area has led to a great deal of success, both in the Crown Court and advising on appeal against orders imposed in cases he did not act in originally.
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