Thomas Jones

Call: 2015

"He is very hard-working and conscientious, with a calm, mature and considered approach that is highly effective in Court of Protection welfare cases."

Legal 500 2022

Thomas completed his pupillage at 9 Gough Chambers and continues to practise in the full range of Chambers’ practice areas. He is ranked as a ‘rising star’ in the Legal 500 where he is described as “very hard-working and conscientious, with a calm, mature and considered approach” (Legal 500, 2022). The breadth of his practice has made him an adaptable and comfortable advocate.

Prior to joining Chambers, he worked as a stagiaire at the European Court of Justice and as a research assistant at the Law Commission of England and Wales.

Outside of work, Thomas is learning Welsh and is a Trustee of the Lord Edmund Davies Legal Education Trust, a social mobility charity which encourages students from disadvantaged backgrounds to aspire to legal careers. He is a member of the Bar Council Remuneration Committee and an active member of Gray’s Inn.

Expertise

Thomas represents claimants and defendants in road traffic, employer’s liability, public liability and product liability claims. He is regularly instructed to attend costs and case management conferences, interim applications and trials in fast track and multi-track cases. He is regularly instructed to advise in writing on liability, evidence and quantum.

Notable Personal Injury cases


DS

Thomas represented the Claimant at a public liability trial where the Claimant was injured from the defective building work of a housing association.

SB

Thomas represented the Claimants in this trial, despite low velocity evidence, and recovered two sets of fixed costs pursuant to section IIIA of CPR 45.

SR

Thomas acted for the Defendant in this successful strike out application. The court accepted Thomas’ submissions that the claim was an abuse of the court’s process as the Claimant was seeking to re-litigate a previously litigated claim contrary to the principle of res judicata.

Thomas has a growing clinical negligence practice. He has experience of cases involving negligent treatment, delayed diagnoses and inquests. Prior to joining 9 Gough Chambers, Thomas taught tort law to undergraduates at Queen Mary, University of London.

Notable Clinical Negligence cases


W

Thomas represented the family at this inquest into the death of a two-year old girl with a background of severe neurological disability who died after early discharge from hospital

DP

Thomas acted for the Claimant in a clinical negligence claim arising out the negligent failure to protect the Claimant’s radial nerve when applying an external fixator during surgery. The claim settled prior to trial.

Y

Thomas acted for an elderly patient who lacked litigation capacity who was given an overdose of her medication at hospital which led to nausea, vomiting and diarrhoea. The claim settled prior to trial and Thomas represented the Claimant at the approval hearing.

Thomas is ranked as a ‘rising star: Tier 1’ in the Legal 500 for Court of Protection and Community Care. In 2020, he was shortlisted for the Family Law Awards Young Barrister of the Year for his expertise in dealing with cases which overlap the jurisdictions of the Family Court and the Court of Protection.

 

He has experience in both personal welfare and property and affairs jurisdictions and has appeared in disputes relating to residence, care, contact and medical treatment.

Prior to joining Chambers, Thomas worked for the Law Commission on its review into the Deprivation of Liberty Safeguards. In 2019, he was seconded to the Welsh Government where he advised on the implementation of Mental Capacity (Amendment) Act 2019 in Wales.

He is the secretary of the Court of Protection Practitioner’s Association in Wales.

Notable Court of Protection cases


Re S

Thomas is representing a health board in a challenge to a patient’s detention at her supported living accommodation before a Tier 3 judge. The patient has emotionally unstable personality disorder and ADHD. The High Court has been asked to consider conflicting capacity evidence where P is found to have capacity to use social media and the internet but lack capacity to contact strangers.

Re S

Thomas represented P, through the Official Solicitor, who had a diagnosis of autism and cerebral palsy. The applicant local authority sought an order pursuant to section 16 of the Mental Capacity Act 2005 to move the patient from her home to an alternative residence as a result of unsanitary living conditions and hoarding behaviours. The patient suffered with what was referred to as ‘extreme self-neglect’. Thomas was successful in arguing that any move should not involve the use of force or restraint, which was ultimately amended within the transition planning and not used in her conveyance.

Re M

Thomas represented the applicant at a contested final hearing where five witnesses gave evidence. P suffered with multiple sclerosis who required decisions in respect of her residence, care and contact. There was a conflict between her family members, health board and local authority. The applicant was successful in obtaining all orders it sought.

Thomas practises in all aspects of the law relating to children in both private and public proceedings. He has appeared in cases of neglect, substance misuse, non-accidental injury and cases involving the deprivation of liberty of children. In 2019, he was nominated for the Association of Lawyers for Children’s ‘outstanding newcomer’ award.

He has experience of cases involving medical treatment decisions in respect of children, cases where the care package amounts to a deprivation of liberty and cases with an international dimension.

Notable Family Law cases


A Local Authority v. A Mother and A Child [2020] EWHC 2395 (Fam)

Thomas was instructed by a local authority to seek an order under the inherent jurisdiction of the High Court to deprive a child of his liberty in an unregulated placement. The case sets out the correct approach to authorising a deprivation of liberty under the inherent jurisdiction where one of the relevant criteria under section 25 Children Act 1989 is not satisfied and where the placement is unregulated.

Re C

Thomas was instructed as junior counsel for the Children’s Guardian (led by Tim Parker QC) in a finding of fact hearing which was listed for fifteen days. The local authority sought to prove thirty separate allegations including sexual assault of a minor perpetrated by foster carers, inter-sibling sexual assault and rape. At the finding of fact hearing, 21 witnesses gave evidence, including a vulnerable 17-year-old child.

Re M

Thomas represented a young person in an application for a deprivation of liberty order in the High Court. Thomas’ client had learning difficulties and a long-standing history of criminal behaviour. Thomas argued that case-law which suggested placements under section 25 Children Act 1989 are a matter of ‘last resort’ applied equally to deprivation of liberty applications. The case concluded with Thomas’ client moving out of a residential unit and into his own semi-independent accommodation, with no deprivation of liberty order

Thomas has experience of a wide range of public law matters, particularly in cases linked to community care, education, mental incapacity, mental health and healthcare. Prior to pupillage, Thomas was a stagiaire at the European Court of Justice and later became a legal advisor within the European law department at an international law firm in Brussels.

Thomas prosecutes and defends in criminal cases and appeals in the Crown Court and the Magistrates’ Court. He also has experience of representing police forces in applications for account freezing orders, cash forfeiture, forced marriage prevention orders and public interest immunity applications. He is a member of the following panels:

  • CPS, Level 2
  • CPS Extradition Panel, Level 1
  • The Regulatory Panel of Prosecuting Advocates, C Panel.

Recent News

Regulated by the Bar Standards Board (BSB)

Regulated by the Bar Standards Board (BSB) and holds a current practising certificate. To see my privacy notice click here.

  • LLB Law and French, Cardiff University
  • LLM European Law, College of Europe
  • BPTC, City Law School

  • Court of Protection Bar Association
  • Family Law Bar Association

"Very knowledgeable” in the deprivation of liberty safeguards"

Legal 500 2021

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