Tom Challinor

Practice details

Crime

Instructed in a wide variety of criminal matters, and has particular experience in road traffic matters. Regularly instructed by both prosecution and defence in cases brought by HM Revenue and Customs Prosecution Office, the Department for Work and Pensions, and Trading Standards.  In addition to Crown Court practice, also has significant expertise in dealing with various applications in the Magistrates’ Court - applications made pursuant to the Police Property Act 1897, applications for Anti-Social Behaviour Orders, Football Banning Orders, Sexual Offences Prevention Orders and applications made pursuant to the Proceeds of Crime Act 2002.

Recent instructions have included :

• junior Counsel in a murder trial where there were substantial arguments on causation
• junior Counsel representing one of the defendants charged with riot in connection with large-scale public disorder at Birmingham airport between members of rival motorcycle gangs (Outlaws and Hells Angels)

Common Law 

Has particular experience in dealing with civil actions against the police.  Receives instructions to advise and draft pleadings or applications for production of documents, and regularly appears in the County Court dealing with claims on all tracks principally for assault, false imprisonment and malicious prosecution.     Also deals with claims involving misfeasance in public office,  claims arising from negligence, from alleged racial discrimination, and allegations of breaches of human rights legislation. 

Notable cases include Moulton -v- Chief Constable of the West Midlands [2010] EWCA Civ 524, a case where it was argued that the definition of malice relating to the tort of malicious prosecution should be extended to reflect the provisions of Article 5 of the European Convention on Human Rights.

Licensing 

Extensive knowledge of the Licensing Act 2003 and has been involved in many cases on behalf of Licensees, both obtaining licences and extensions, and resisting applications for closure of premises.

Continuing professional development

Participates in the Midland Circuit Advocacy training courses,  and has been involved in training courses run for officers of the Health and Safety Executive.