Tom Horder > Chambers of David Berkley KC > Bournemouth, England > Barrister Profile

Tom Horder

Work Department

Crime; Public and Regulatory; Health and Safety; Trading Standards; Inquests; Marine and Fisheries Law.

Position

Tom Horder is a Criminal and Regulatory law barrister.

Ranked by Chambers and Partners and the Legal 500 as a leading junior, Tom is known for both his attention to detail and down to earth approach. Often instructed in complex and difficult cases, Tom works with a wide range of defence solicitors, local authorities, government agencies (including the HSE and Maritime and Coastguard Agency), companies and private individuals.

Tom’s criminal practice has seen him instructed in multi-handed murder trials, high value frauds, complex drug importations and cases involving modern slavery, trafficking and allegations of serious and historic sexual abuse. Tom is a Grade 4 CPS prosecutor.

Tom’s regulatory law practice includes inquests, cases involving fatal accidents (on both land and at sea) and prosecutions for environmental, health and safety, trading standards, food hygiene, planning and aviation law offences.

Tom sits as a fee paid (part-time) judge of both the Employment and Mental Health Tribunals.

Outside court Tom supports Wimbledon AFC and flies aeroplanes.

Crime

Tom’s criminal practice sees him instructed in an array of both heavy weight and complex criminal cases.  He is particularly noted for his experience in prosecuting and defending regulatory offences. Often praised for his hard-work and attention to detail he is recommended in both the Legal 500 and Chambers and Partners Guides.

Outside of court Tom supports Wimbledon AFC and flies aeroplanes.

Serious and Organised Crime

Operation Cowling
Instructed by the CPS Complex Casework Unit. Prosecution of an Organised Criminal Group following the seizure of 42 kilos of pure cocaine and nearly 1 million ecstasy tablets valued at approximately £12 million.

Operations Gharial and Saffron. Southwark Crown Court
Instructed by the Specialist Fraud division in linked cases prosecuting an international group responsible for the largest attack on HMRC’s online VAT and ITSA systems.

Operation Afterburn II
Multi-handed large scale drug conspiracy involving an Organised Criminal Group operating in Manchester and Portsmouth.

Operation Accord
Conspiracy to kidnap and supply of Class A drugs. Nationwide drugs supply network selling heroin and cocaine via ‘deal lines’.

R v N and others
Successful defence of gang member alleged to have kidnapped, imprisoned, robbed and tortured a university student. Case received widespread media coverage.

Other serious Crime

R v CA
Defending a CCTV operative who unlawfully accessed the footage of an autopsy featuring a footballer who tragically died in a well-publicised plane crash.

R v KB
Leading defence counsel for care home manger in respect of allegations of dishonesty and neglect arising from the death of an elderly dementia patient. The patient tragically died as a result of pressure sores that had not received proper care or treatment.

R v K
Defending mother who poisoned son to intentionally prolong stay in hospital. Case involved arguments as to extent of mitigation available where diagnosis is “factitious disorder”.

R v C
Successful defence of a carer for vulnerable adults accused of a campaign of abuse and humiliation against a number of residents.

R v AL
Led by Nigel Lickley QC. Non-accidental brain injuries sustained by a 6 month old child.

R v Spry
Defence junior in infamous case of extreme cruelty by mother against children over many years.

Homicide (Murder and Manslaughter) 

R v Shane Mays
Defence junior (to Andrew Langdon QC) in a trial arising from the disappearance and murder of 15-year-old Louise Smith in Leigh Park, Portsmouth. A prosecution appeal against the 25 year minimum term on the grounds it was “unduly lenient” failed.

R v RT
Defence junior for 17-year-old who strangled and then stabbed to death his mother.

R v Vicky Arthur
Defence junior (to Nigel Lickley QC) in case involving a disabled Defendant who stabbed to death another woman .

R v Bosha and Others
Prosecution junior (to Nigel Lickley QC) in multi-handed murder trial. A drugs gang organised a pre-arranged ambush in retaliation for a previous robbery.

R v Boyle
Defendant who randomly attacked a student in broad daylight, cutting their throat.

R v Hemming
Attempted murder involving a hammer attack against a vulnerable sex worker.

Fraud, Business and Financial Crime 

R v KR
Leading defence counsel for director of a pre-school and nursery alleged to have defrauded the local authority in respect of 15 and 30 hour free child care payments.

R v F+ F
Successful defence of the Director of a private ambulance company, alleged to have defrauded the NHS and stolen high value medical equipment. The case involved arguments about the legality of searches, the integrity of NHS stock keeping records and allegations of evidence having been deliberately planted.

R v Powis
Successful defence of conveyancing executive alleged to have been at centre of £3.5m mortgage fraud.

R v Gibson
Instructed by Specialist Fraud division. Widely publicised prosecution of watch dealer who had claimed to have exported £1.9m of Rolex watches.

R v Arif
Successful appeal against immediate custodial sentence in case of pharmacist convicted of defrauding NHS. Court of Appeal found ‘wholly exceptional circumstances’ to substitute a lengthy custodial term for suspended sentence.

Sexual Offences 

R v Badawi
Rape. Successful appeal against a sentence of 8 years plus 5 years extended licence in respect of one count of rape. The Court of Appeal agreed with Tom’s submission that the sentencing judge should have disregarded a previous acquittal for rape, reducing the sentence to one of 6 ½ years.

R v KW
Defence of man accused of a stranger rape in a busy shopping centre.

R v F
Defending the 16-year-old son of a “high net worth” individual alleged to have sexually abused a younger cousin. Case successfully stayed as an abuse of process on the grounds of delay and breach of prosecution policy.

R v MS
Successful defence (following trial then re-trial) of a music teacher facing allegations of sexual touching spanning his whole career made by 12 separate complainants.

Motoring Offences 

Tom Horder has considerable experience in defending the full range of driving and motoring offences.  He is regularly instructed in cases involving serious injury and complex expert evidence (including tachographs, accident reconstruction, mechanical and medical defect) as well as those in which a period of disqualification would result in exceptional hardship. He receives instructions from both private individuals and insurers and can be instructed on a direct access basis.

Recent cases

R v Davison
Defence of recovery truck driver whose vehicle mounted a curb, hitting a family on an outing to a pantomime. Victims included a 12 year old girl who sustained life changing injuries.

R v ZK
Defending a lorry driver who tragically ran over an 89-year-old man who was crossing the road using his Zimmer frame. The Prosecution offered no evidence following Tom’s cross-examination of their tachograph expert.

R v A
Successful exceptional hardship argument on behalf of a consultant surgeon.

R v R
Defending a former premier league footballer in respect of a failure to respond to a s.172 notice.

R v T
Successful defence of Company director said to have ridden his motorbike at 121mph. The court withdrew the case at half-time on the basis of the Prosecution not being able to exclude mistaken identity.

Military/ Courts martial 

Tom has a broad range of experience in Court Martial work and has represented personnel from all 3 branches of the military.

Cases of note

• the successful defence of a serving Special Forces soldier charged with aggravated burglary in what was an unusual and sensitive case
• a senior Army NCO charged with allegations of racially aggravated assault
• a successful appeal on behalf of a young soldier facing custody as a result of alleged involvement in an initiation ceremony that made the front pages of a national newspaper
• defending a Guardsman charged with fraud in another case that made the front pages of national newspapers. Tom help to ensure that a custodial sentence was avoided.

Tom is well versed in all aspects of service law. He learnt to fly via an RAF flying scholarship and then as an Officer Cadet on Northumbria University Air Squadron. He continues to fly and is well versed in all aspects of military aviation. He is also a pupil supervisor and has had a number of pupils who were serving Royal Naval officers.

Regulatory Crime

Maritime

MCA v Tarmac Marine Ltd
Instructed by the MCA in Prosecution arising from the discovery of asbestos containing material on board the City of Westminster. The Defendant Company were fined £120,000.

Health and Safety (and Inquests)

HSE v LHSC Ltd
Defence of Health and Safety Consultant in an unusual prosecution arising from the drafting of inadequate risk assessments and advice to a furniture manufacturer. The Prosecution arose following two serious accidents involving cutting equipment.

HSE v GC
Defence of agricultural college in respect of serious injuries caused to students observing tree-felling.

HSE v PG Ltd
Prosecution involving serious chemical burns caused by the incorrect use of an Intermediate Bulk Carrier as a reaction vessel to dispose of spent cleaning chemicals.

HSE v UF Ltd
De-gloving injury caused during the cleaning of an industrial dough maker.

HSE v BB Ltd
Collapse of basement excavation leading to prosecution of developer.

HSE v Apex
Defending a scaffolding gang leader following a collapse of scaffolding resulting in fatality.

HSE v G
Defence of contractor instructed to decommission a petrol station. The resulting explosion caused serious injury and extensive damage to neighbouring properties.

HSE v R.S Ltd
Proceedings relating to the alleged unsafe removal of asbestos.

Recent inquest work

Re FB
Acting for the owners of a care home following the fall from height of an elderly dementia patient.

Re ML
Representing Police Force following case involving heart failure following arrest using CS spray and subsequent restraint in Police custody.

Re RS
Acting for family of deceased who died following NHS failure to diagnose a pulmonary embolism.

Food Safety and Standards

R v BB
Defence of director of food business prosecuted for Fraudulent Trading. Case involved allegations of the misselling of bacon as UK produced and free-range.

R v RB
Defence of the manager of an abattoir alleged to have been selling lamb as goat meat.

SBC v K
Defence of food wholesaler in respect of multiple allegations of food hygiene offences in respect of the storage and transportation of refrigerated products.

Cherwell DC v Premier Foods
Prosecution of UK’s largest food producer (turnover £3bn) in respect of food hygiene offences resulting in a mouse being found sliced within a loaf of bread sold by a leading supermarket.

Trading Standards/Trade Marks

DCC v WE Ltd
Complex prosecution of building firm in respect of high value residential building contracts. Company prosecuted under Consumer Protection Regulations, Fraud Act and Insolvency Act.

OCC v M
Prosecution of rouge builder routinely targeting vulnerable and elderly victims and undertaking expensive but unnecessary roofing repairs.

PBC v NH
Prosecution for fraudulent trading of an individual who miss-sold advertising in a range of publications that never materialised.

A1 Distribution Limited
Successful prosecution of company supplying electronic goods under the Consumer Protection Act 1987. The case involved consideration of the measures an importer of goods from China should take in order to establish a defence of ‘due diligence’.

WDDC v S
Novel but successful prosecution of owner of residential caravan park under s.9 of the Caravan Sites and Control of Development At 1960.

X Ltd
Advising manufacturer of Moses baskets in respect of prosecution under both the General Product Safety and Toy (Safety) Regulations.

DCC v W
Defending individual who ran profitable business importing counterfeit handbags. Acted in subsequent confiscation proceedings.

GB Ltd
Acting for a well-known building firm facing civil proceedings (and subsequent committal application) under the Enterprise Act.

SBC v Roshni
Prosecuting wholesale supplier of counterfeit alcohol.

DCC v K+S
Counterfeiting designer clothes, confiscation and restraint dealt with in POCA proceedings.

Direct Access/Aviation

Tom welcomes instructions on a direct access basis.

He particularly welcomes direct access instructions relating to aviation offences and Pilots facing the prospect of CAA prosecution.

Tom has previously prosecuted, defended and advised in a range of aviation related matters including; an allegation of low flying by a CPL(H) holder during a filming assignment, airspace infringement in Class A airspace, licensing and type certificate infringements by a microlight pilot and an allegation of log book fraud against a senior airline pilot.

Tom has a PPL having learnt to fly during an RAF Flying Scholarship and as a member of his University Air Squadron. He flies his Rollason Condor from Thruxton and has been lucky enough to fly a wide range of aircraft ranging from Bulldogs to an SF260.

Public and Regulatory 

Tom’s regulatory law practice includes all matters of professional discipline, including proceedings against health care professionals, proceedings brought by sporting regulatory bodies and police disciplinary hearings.

Tom also gained particular experience of fitness to practice hearings whilst on secondment to the Nursing and Midwifery Council as a case presenter.

Maritime

MCA v Tarmac Marine Ltd
Instructed by the MCA in Prosecution arising from the discovery of asbestos containing material on board the City of Westminster. The Defendant Company were fined £120,000.

Recent inquest work

Re FB
Acting for the owners of a care home following the fall from height of an elderly dementia patient

Re ML
Representing Police Force following case involving heart failure following arrest using CS spray and subsequent restraint in Police custody

Re RS
Acting for family of deceased who died following NHS failure to diagnose a pulmonary embolism

Food Safety and Standards

CBC v Greene King Ltd
Prosecution of one of the UK’s largest pub chains in respect of a failure to provide up to date allergen information. As a result, a young child sustained a serious anaphylactic shock.

R v BB
Defence of director of food business prosecuted for Fraudulent Trading. Case involved allegations of the mis-selling of bacon as UK produced and free-range.

R v RB
Defence of the manager of an abattoir alleged to have been selling lamb as goat meat.

SBC v K
Defence of food wholesaler in respect of multiple allegations of food hygiene offences in respect of the storage and transportation of refrigerated products.

Cherwell DC v Premier Foods
Prosecution of UK’s largest food producer (turnover £3bn) in respect of food hygiene offences resulting in a mouse being found sliced within a loaf of bread sold by a leading supermarket.

Direct Access/Aviation

Tom welcomes instructions on a direct access basis .

He particularly welcomes direct access instructions relating to aviation offences and Pilots facing the prospect of CAA prosecution.

Tom has previously prosecuted, defended and advised in a range of aviation related matters including; an allegation of low flying by a CPL(H) holder during a filming assignment, airspace infringement in Class A airspace, licensing and type certificate infringements by a microlight pilot and an allegation of log book fraud against a senior airline pilot.

Tom has a PPL having learnt to fly during an RAF Flying Scholarship and as a member of his University Air Squadron. He flies his Rollason Condor from Thruxton and has been lucky enough to fly a wide range of aircraft ranging from Bulldogs to an SF260.

Regulatory – Other

Licensing

Tom has substantial experience in the field of taxi licencing, acting for both Local Authorities, Operators and individual drivers. Notable cases include:

Cherwell DC v Anwar 2011] EWHC 2943 (Admin)
Acting for the successful Local Authority on appeal in important decision on what are relevant and irrelevant considerations in respect of the fit and proper person test.

Re PRC
Acting for largest operator in Local Authority area in proceedings before Licensing Committee. The Local Authority failed in an attempt to revoke or suspend an Operator’s Licence following repeated allegations of drivers being unlicensed.

SBC v X
Appeal following revocation of license following safeguarding concerns in circumstances were Police investigation did not result in prosecution.

Tom has additionally acted for both Local Authorities and Companies in respect of alcohol licensing and the licencing of both sex shops and pet shops.

Health and Safety law

Tom has significant experience representing clients in Health and Safety and Inquest cases. His work has included:

WDDC v G
Successful Health and Safety prosecution relating to an inflatable slide that came free from its tethers at the Swanage Regatta causing injury to a number of children.

CBC v Centre Parcs (Woburn) Ltd
Prosecution of Centre Parc involving an 8-year-old girl who fell from height during a tree climbing activity at Luton Crown Court. The case ended with the Defendant company being fined £250,000.

SBC v N+B
Defending a company with a multi-million-pound turnover in respect of alleged Health and Safety breaches involving lighting levels and the operation of fork-lift trucks.

WDDC v And So To Bed Ltd
Successful prosecution arising from a fall from height involving an unsafe elevated mobile working platform. Fine imposed of £110,000.

HSE v LHSC Ltd
Defence of Health and Safety Consultant in an unusual prosecution arising from the drafting of inadequate risk assessments and advice to a furniture manufacturer. The Prosecution arose following two serious accidents involving cutting equipment.

HSE v GC
Defence of agricultural college in respect of serious injuries caused to students observing tree-felling.

HSE v PG Ltd
Prosecution involving serious chemical burns caused by the incorrect use of an Intermediate Bulk Carrier as a reaction vessel to dispose of spent cleaning chemicals.

HSE v UF Ltd
De-gloving injury caused during the cleaning of an industrial dough maker.

HSE v BB Ltd
Collapse of basement excavation leading to prosecution of developer.

HSE v Apex
Defending a scaffolding gang leader following a collapse of scaffolding resulting in fatality.

HSE v G
Defence of contractor instructed to decommission a petrol station. The resulting explosion caused serious injury and extensive damage to neighbouring properties.

HSE v R.S Ltd
Proceedings relating to the alleged unsafe removal of asbestos.

Tom is appointed to the Specialist Regulatory Advocates in H&S and Environmental Law List.

Trading Standards

Tom Horder’s Trading Standards and Trade Marks cases have included:

Operation Swordfish
Successful defence of a former director of a timeshare company on charges of fraudulent trading and money laundering.

DCC v WE Ltd
Complex prosecution of building firm in respect of high value residential building contracts. Company prosecuted under Consumer Protection Regulations, Fraud Act and Insolvency Act.

OCC v M
Prosecution of rouge builder routinely targeting vulnerable and elderly victims and undertaking expensive but unnecessary roofing repairs.

PBC v NH
Prosecution for fraudulent trading of an individual who miss-sold advertising in a range of publications that never materialised.

A1 Distribution Limited
Successful prosecution of company supplying electronic goods under the Consumer Protection Act 1987. The case involved consideration of the measures an importer of goods from China should take in order to establish a defence of ‘due diligence’.

WDDC v S
Novel but successful prosecution of owner of residential caravan park under s.9 of the Caravan Sites and Control of Development At 1960.

X Ltd
Advising manufacturer of Moses baskets in respect of prosecution under both the General Product Safety and Toy (Safety) Regulations.

DCC v W
Defending individual who ran profitable business importing counterfeit handbags. Acted in subsequent confiscation proceedings.

GB Ltd
Acting for a well-known building firm facing civil proceedings (and subsequent committal application) under the Enterprise Act.

SBC v Roshni
Prosecuting wholesale supplier of counterfeit alcohol.

DCC v K+S
Counterfeiting designer clothes, confiscation and restraint dealt with in POCA proceedings.

Professional Discipline and Regulatory Law

Professional Discipline

Tom’s regulatory law practice includes all matters of professional discipline, including proceedings against health care professionals, proceedings brought by Sporting Regulatory bodies and Police Disciplinary hearings.

Tom also gained particular experience of fitness to practice hearings whilst on secondment to the Nursing and Midwifery Council as a case presenter. He has subsequently represented Registrants in a wide variety of cases.

Example cases include

Lee v World Snooker Poole and Billiard Association
Junior counsel for former World no.4 snooker player in appeal against match fixing ban.

Nursing and Midwifery Council v A
Misuse of social media by nursing staff. Case attracted national media attention and comment.

Nursing and Midwifery Council v X
Failure to detect signs of non-accidental injury by health visitor. High profile case that also received nationwide media coverage.

General Chiropractic Council v X
Instructed by GCC in fitness to practice proceedings relating to inappropriate Chiropractor / patient relationship.

Chief Constable of Dorset v L
Instructed by the Chief Constable in respect of disciplinary proceedings against serving officer convicted of assault.

DCC v V
Representing county councilor in internal disciplinary proceedings arising from alleged misuse of Council computers.

Inquests 

Tom Horder is regularly instructed in cases involving fatalities. He has represented the HSE, MCA, Local Authorities, families, private individuals and commercial organisations in inquests nationwide. His experience of defending and prosecuting high profile criminal prosecutions completements his inquest work. He is often called on to advise at the very earliest stage of cases where there is a prospect of a later prosecution.

Tom has experience of Article 2 and jury inquests as well as those involving military personnel and national security concerns. He holds current SC clearance.

Examples of recent inquests Tom has been involved in include:

• Representing a Chief Constable following the death of a vulnerable person who died following restraint and the use of CS gas. Article 2 jury inquest that focused on police techniques and guidelines, the adequacy of officer training and systems for monitoring and assessing the health of those detained.
• Advising Local Authority and Harbour Master in case involving a missing person search and drowning. The Inquest considered the division of responsibility for Harbour walls/infrastructure between the local authority, highways agency and private owners. Also in issue was the conduct of missing person searches. Tom successfully argued that there were no grounds for a Rule 43 report directed at the Local Authority.
• Acting for the family in a case involving a Hospital’s failure to diagnose a pulmonary embolism. The case involved conflicting expert evidence, and the consideration of NICE guidelines. There were also arguments as to causation as the deceased had originally attended hospital with serious injuries following an RTA.
• Advising the family of a patient detained under the MHA who, due to multiple failures by the detaining authority, went on to attack and kill a fellow patient whilst floridly psychotic within 2 hours of admission.
• Representing Care Home owner following the fall from height of an elderly dementia patient. Consideration of guidelines/regulations relating to window-locks.
• Representing a Nursing Home Manager in case involving a patient falling during transfer from bed to chair. Arguments as to scope/whether Article 2 was engaged as the patient subject to DOLS.

Marine and Fisheries Law

Tom Horder has substantial experience in a wide range of complex regulatory prosecutions including maritime and fisheries cases.

Cases of note

MCA v Tarmac Marine Ltd
Prosecution of ship owners in respect of failures in respect of asbestos on board the City of Westminster resulting in £120,000 fine.

Re X
Representing at inquest a Harbour Master following an incident involving a tragic drowning. The case involved argument as to the extent and responsibility of differing agencies, detailed examination of harbour byelaws and the provision of safety equipment.

Re X Sailing Club
Instructed by a Local Authority to advise in respect of a high profile potential prosecution for health and safety offences and gross-negligence manslaughter following the  collapse of a prop resulting in a yacht tragically crushing a maintenance worker to death.

Tom has also acted and advised in regulatory prosecutions brought by the Marine Management Organisation (MMO), Inshore Fisheries and Conservation Authorities (IFCA) and Local Authorities in cases involving:

• alleged breaches of harbour bylaws
• the retaining of undersized fish
• obstruction of officers
• breach of license conditions
• alleged inaccurate landing declarations
• money laundering
• mis-selling of shellfish.

Tom also has particular expertise in confiscation proceedings and often lectures and provides training on the practical aspects of the Proceeds of Crime Act. His expertise as an advocate is recognised by his inclusion in both the Legal 500 and Chambers and Partners Guide to the bar. He is available to provide short notice and urgent advice and is often asked to advise in the very early stages of cases.

Career

Called 2004, Middle Temple.

Memberships

• Attorney-General’s Unified List of Prosecuting Advocates (Panel C)
• Specialist Regulatory Advocates in H&S and Environmental Law List.
• CPS Grade 4 Prosecutor

Education

• BA (Hons) History, University of Newcastle-Upon-Tyne
• PGDL and BVC, BPP Law School

Leisure

Outside of court Tom supports Wimbledon AFC and flies aeroplanes. Tom has a PPL having learnt to fly during an RAF Flying Scholarship and as a member of his University Air Squadron. He flies his Rollason Condor from Thruxton and has been lucky enough to fly a wide range of aircraft ranging from Bulldogs to an SF260.