Tom Leeper
Call 1991
Qualifications B.A. (Dunelm)
Professional Memberships Coroner’s Society, AVMA, Personal Injury Bar Association, Bristol Medico-Legal Society
Appointments Junior Counsel to the Crown – Attorney General’s Civil List, Assistant Deputy Coroner for Warwickshire, Standing Counsel to Ministry of Defence Police for their Professional Standards Department, DPP Specialist Counsel for advising CPS on Death in Custody Cases
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Areas of Practice
Health & Safety
Tom acts for Prosecution and Defence in a wide-range of claims arising out of fatalities at sea, in care homes, on railways (Ladbroke Grove, Potters Bar, Southall), on construction sites, and caused by legionnaires disease. He also carries out advisory work for Department of Transport and the Highways Agency in connection with procedures for accident investigation.
Notable cases
Transport and Construction
- Operation Resolve: Investigation Into The Ladbroke Grove Rail Crash
- Operation Declare: Investigation Into The Potters Bar Derailment
- R v. Great Western Trains Co. Limited + anr: Health and Safety at Work Act 1974/ manslaughter instructed by CPSHQ (arising out of Southall Rail Crash)
- R. v. Sale + anr: Health and Safety at Work Act 1974/manslaughter – death on construction site – instructed by CPS City
- R. v. Frearson + anr: Merchant Shipping Act/manslaughter – instructed by CPS, York
Care
- R. v. Welsh Ambulance NHS Trust And Cardiff And Vale NHS Trust: Respite Care Related Death
- London Borough Of Barking & Dagenham v Lisnaveane Ltd: prosecution under Health And Safety At Work Act 1974, Management of Health and Safety at Work Regulations 1999, the Lifting Operations & Lifting Equipment Regulations 1998; maladministration of care home.
- R. v. Cook: manslaughter – death in care home – instructed by CPS, Bournemouth
Legionnaires Disease
- R. v. Copthorne Hotel (Cardiff) Limited: Health And Safety At Work Act 1974, Legionella Related Deaths
- R. v. IMCO Limited + anr: Health and Safety at Work Act 1974/manslaughter, legionella related deaths
Attorney General Work
- R v Tinker, Todd And Smith Manslaughter By Gross Negligence Arising Out Of Mt Everest Expedition: Instructed By The Attorney General To Appear As Friend To The Court/Amicus Curiae
- Attorney General’s Reference No.2 of 1999 (CA) – instructed by A-G: point of law – liability of companies for manslaughter
Regulatory
Tom’s Professional Discipline and Regulatory Law work encompasses work as a Legal Assessor for the Ministry of Defence Police Professional Standards Department, involvement in Inquests concerning failings by Healthcare Professionals, Prison Officials, Soldiers and Highway Inspectors engaging “right to life” principles under Article 2 of European Convention on Human Rights, proceedings against Company Directors for price fixing activities, and extensive work for the Ministry of Justice in connection with a major ongoing criminal investigation.
Notable cases
Police Discipline
- Numerous hearings concerning charges of Professional Misconduct brought against serving Police Officers
- Generic Guidance to Chief Constable of the Ministry of Defence Police as to procedures for Reviews under the Ministry of Defence Police (Conduct) Regulations 2004.
Regulation of Competition
- R v Kent Pharmaceuticals, O’Neill & others: Junior Counsel for the Crown in the SFO Prosecution of leading drug companies and their senior executives for dishonest price fixing of antibiotics and Warfarin (Conspiracy to defraud Department of Health/NHS).
Advisory work for the Ministry of Justice
- In matter arising out of allegations of deceit/fraud and breach of fiduciary duty perpetrated against a Government Department; provision of assistance on legal issues arising out of concurrent civil and criminal proceedings, the propriety of the disclosure of information between the Government Departments, and advice on evidence gathering and witness communication.
- Nela v. Home Office –misfeasance in public office by Immigration Officers
Inquests
Recent instructions at Inquests from NHS Trusts including:
- Kent & Medway NHS & Social care Partnership Trust
- South London+ Maudsley NHS Trust
- United Bristol Healthcare Trust
- University Hospitals Bristol NHS Foundation Trust
Recent instructions at Inquests from Home Office/Ministry of Defence
- Creamer (Sacker): death in HMP Newhall
- Hyslop: death in HMP Wandsworth
- Baker: death in HMP Nottingham
- Peter: death in Immigration Detention Centre
- Lal: death in HMP Wormwood Scrubs
- Morris: death in Iraq
- Lewaicei: death in Iraq
- Campbell: death at HMP High Down
Recent instructions from Highways Agencies
- Saidi: death on A299 – Instructions from Kent County Council
- Marshall: death on A299 – Instructions from Kent County Council
Recent instructions from families in cases involving allegations of clinical negligence
- Gosport War Memorial Hospital: representing majority of families represented: (overprescription of analgesia in continuting care ward)
- Abnett: death following Hepatitis B Vaccination and delayed hospital treatment
- Mcauliffe: mismanagement of mental health patient
- Smart: death at Mental Institution
- Perry: death caused by maladministration of chemotherapy drug trial
- Hattam: death caused by maladministration of drug during open heart surgery – Unlawful killing verdict returned.
- Willicombe-Figus: perinatal death; mismanagement of labour
- Lewis: mismanagement of paediatric bronchopneumonia
- Chiusano: maladministration of antibiotics in patient with known allergy
- Cooper: death following pain relieving injection to the spinal cord
Public Inquiries
- Ladbroke Grove Rail Inquiry (instructed on behalf of British Transport Police)
- Southall Rail Inquiry (instructed on behalf of British Transport Police)
Tom is also a member of the Personal Injury and the Clinical Negligence Practice Groups.
Seminars
- On Inquests for the Medical Protection Society, Medical Defence Union, Welsh Health Legal Services, Radcliffes Le Brasseurs and an all day seminar in London on Corporate Responsibility for Deaths in the Workplace.
Recommendations
Chambers UK 2008
- “possesses a phenomenal ability to grasp detail, absorbing information from thousands of documents at a time.”
