Tom Bourne-Arton

He is efficient and sensible." "He is quick to grasp issues and very efficient in turning work around.

Chambers UK 2021

Tom Bourne-Arton

  • Called in 2005

Tom Bourne-Arton is an experienced junior barrister, predominantly specialising in high value complex Personal Injury and high value Employment law. He is extremely experienced in all aspects of litigation.

Tom is proud of his quick turnaround of papers and is happy to accept instructions to turn around papers urgently.

Tom completed his pupillage at Farrar’s Building and has been a tenant ever since.

Personal Injury

Tom is ranked in Chambers UK 2021 for Personal Injury.

Tom’s personal injury practice involves working for both Claimants and Defendants in all aspects of personal injury and fatal accident claims. His practice involves predominantly six figure claims. He is particularly experienced in highway liability claims, workplace accident claims, road traffic accident claims, complex care claims, and industrial disease claims (including noise induced hearing loss, VWF and HAVS claims). Tom is also experienced with costs budgeting hearings.

Tom’s personal injury practice involves all aspects of litigation including advising, drafting pleadings, CCMCs, JSMs, PTRs, conferences with clients and experts, and trials.

Recent cases of note have included settling a fatal accident claim at a JSM, a contribution claim trial between a highway authority and their contractor, a complex work equipment claim, a subtle brain injury claim and a claim involving 17 separate medical experts.

Tom has experience with claims involving severe injuries, including claims involving multiple and severe injuries, including subtle brain injuries and complex internal injuries.

Employment

Tom’s employment practice involves working for both Claimants and Respondents, in all aspects of employment law. He is particularly experienced in unfair dismissal claims, whistle blowing claims, and all types of discrimination claims.

Tom’s employment practice involves all stages of litigation from pleadings, through interlocutory hearings, to final liability and remedy hearings.

A recent case of note was a disability discrimination, whistle blowing and unfair dismissal claim where Tom successfully represented the Claimant in a four week liability trial, and the subsequent three day remedies hearing. Tom has also recently represented a Claimant in a race discrimination claim, and a Respondent in a disability discrimination claims.

Clinical Negligence

Tom is happy to act for both Claimants and Defendants. He has extensive experience of fatal and catastrophic injury claims. His clinical negligence work is usually conducted in the High Court. Tom’s clinical negligence practice is burgeoning. However, he is used to dealing with complicated medical issues, including causation, and with cross examining medical experts, as a result of his extensive personal injury practice.

Costs

Tom is very experienced with Costs Budgetting hearings and is routinely instructed by both Claimants and Defendants in the county court and in the high court. Tom can grasp complicated claims quickly and is happy to provide tactical advice as part of instructions for CCMCs.

Credit Hire

Tom is experienced in credit hire claims and is instructed by both Claimants and Defendants in fast track and multi track cases.

Criminal Fraud

Tom’s personal injury practice includes acting for Defendant’s in fraudulent personal injury claims. Examples of fraud cases Tom has been involved in include fraudulent occupancy claims, “slam on” road traffic accident claims, and made up or exaggerated personal injuries claims.

Civil Fraud

Tom has acted for Defendants in numerous cases where a finding of Fundamental Dishonesty has been made against the Claimant, both in terms of dis-applying QOCS and in having the claim struck out pursuant to s.57 Criminal
Justice and Courts Act 2015. Examples include claims where it was found no accident occurred, where the injuries claimed were grossly  exaggerated, where the repairs claimed were dishonest, and where surveillance footage showed the Claimant working when claiming ongoing loss of earnings.

In addition, Tom has successfully defended claims with a defence of fraud; and on one such occasion successfully applied for a claim to be referred to the Attorney General asking for consideration to starting Contempt of Court Committal proceedings.

Although Tom predominantly acts for Defendants, he has successfully defended an application for permission to commence committal proceedings in the High Court.

General Common Law

Tom has undertaken numerous contractual dispute cases, including those involving building works, sale of goods and misrepresentation claims.

Inquests

Tom regularly appears at inquests on behalf of insurers and has experience of both coroner and jury inquests.

Professional Negligence

Tom has experience with advising and litigating professional negligence claims.

Travel and Tourism

Tom is regularly instructed in cases involving personal injury in the Travel Law sphere on behalf of Claimants and Defendants in cases brought under the Package Travel Regulations, Montreal or Athens conventions. Examples of cases include a road traffic accident in Greece, personal injury accidents suffered whilst on board plane, and whilst in transit in airports, food poisoning claims, accidents in hotels (such as slips and trips), a tripping accident on a cruise ship and a fatal accident following a light aircraft accident.
Tom has extensive experience through his travel law and other personal injury practice with issues of jurisdiction and choice of law.

Notable Cases


Garey v OneTree Estates Ltd [2020]
Tom acted for the Defendant in this multi-track personal injury claim listed for a 5 day trial. The claim arose from an accident at work when the Claimant allegedly sustained injuries to her right arm and psychological injuries as a result of becoming trapped in a lift, and the lift then moving. The Claim was initially pleaded based on the Claimant being disabled and intimidated a high six figure claim. The Claimant alleged her right arm was effectively useless and since the accident she had agoraphobia. Liability, Causation, Quantum and Fundamental Dishonesty were all in issue for the trial. 8 days before trial the matter settled. Expert evidence from engineers, orthopaedic surgeons and psychiatrists were relied by both parties.

Allfree v CP Environmental Ltd [2020]
Tom acted for the Defendant in a claim pleaded at over £750,000 arising from an accident at work when the Claimant’s foot became trapped in a metal recycling machine, causing injuries to his right foot, including amputations of the Claimant’s big toe and second toe. Case settled at a JSM. Liability, Contributory Negligence, Causation and Quantum all remained in issue at the JSM. The case involved expert evidence in the fields of Orthopaedics, Psychiatry, Podiatry, and Prosthetics.

Power v Secure Code Warrior Ltd [2020] London Central Employment Tribunal
Tom acted for the Respondent in a claim for sex-related harassment, sex discrimination, and victimisation. All the claims were dismissed by the London Central Employment Tribunal following a five day trial in February 2020.

Read more

Thorne (by her litigation friend Mrs Vincent) v Griggs [2019]
Tom acted for the Claimant in this Personal Injury Claim that settled at a JSM for a lump sum of and a PPO. This settlement was subsequently approved by the Court. The Claimant was injured when as a pedestrian she was hit by the Defendant’s car. She sustained numerous and significant injuries including: dental Injuries, multiple fractures on her right side, a pulmonary contusion, a right pneumothorax, a head injury, a fractured left ankle, a fracture and soft tissue injury of the spine, an abdominal injury, psychiatric symptoms, multiple strokes leading to permanent brain damage, a perforated colon and ileum leading to the fitting of a stoma bag, benign paroxysmal positional vertigo, and a tracheostomy. The strokes were caused by complications arising from her treatment in hospital where she suffered a series of brain infarcts leading to a series of strokes that caused brain damage. Expert evidence in seven areas of expertise was required including the main areas of contention: Neurology and Care.

Thomas v Rudolph [2019]
Tom acted for the Defendant in this Personal Injury Claim that was pleaded over £1.5 million and which settled at a JSM. The Claim arose from an accident at work when metal box pallets fell onto him. The Claimant sustained numerous injuries, including a left pneumothorax, lung contusions, multiple and bilateral rib fractures, a complex fracture to his right pelvis involving fractures of the sacrum at L4 and S2 and pubic rami, causing 1) a laceration of the right superior gluteal artery requiring life-saving surgery and embolization but resulting in wasting and weakness of the gluteal muscles, 2) damage to the lumbar-sacral nerves as a result of which the Claimant suffers pain and weakness in his right lower leg, abnormal sensations below the knee and foot drop, and 3) severe back pain, a transverse fracture of the left acetabulum, urinary tract problems, erectile dysfunction, sleep apnoea symptoms, PTSD and depressed mood. Between the parties there were reports from 17 experts.

Gallagher v Roadform (2019)
Tom acted for the Defendant in this Personal Injury Claim that arose out of an accident at work when a skip that was being moved by a crane fell and landed on the Claimant. The accident caused injuries including to the neck, back and knee. The extent and causation of the ongoing symptoms were both disputed. The expert Orthopaedic Evidence was starkly different such that based on the Defendant’s evidence the Counter-Schedule pleaded losses were just over £20,000 and on the Claimant’s evidence the Claimant pleaded his loss at over £1,450,000. The claim settled at a JSM.

Advantage Insurance Company Ltd v Latif & Ors [2019]
Successfully defending a permission to bring contempt of court proceedings against the First Defendant.

Elson v Stilgoe [2017] EWCA Civ 193
Successfully acted for the Defendant/Respondent in an appeal, heard by the Court of Appeal, against the decision to dismiss the Claimant/Appellant’s claim for personal injuries, loss and damage in a road traffic accident.

Stephen v Trad Group
Acted for Claimant in claim that settled for over £300,000

Regeneration Community Association Ltd
Successful unfair dismissal claim for six figure sum.

Daniel v Mountain of Fire & Miracles Ministries International UK Ltd
Successfully struck out an employment claim on grounds Claimant was not in a position to pursue his claim due to continuously purporting to be too unwell to attend a trial.

Monk v Newsquest London Ltd
Successful claim for religious discrimination.

Read less

If you would like to instruct Tom Bourne-Arton or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive, Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships


  • South Eastern Circuit
  • Personal Injuries Bar Association
  • Employment Law Bar Association

Education & Qualifications


  • BPP Law School (2004 – 2005)
  • Diploma in Law, City University (2003 – 2004)
  • MA in Mental Philosophy, Edinburgh University (1999 – 2003)

Testimonials


“A very approachable counsel with impressive grasp of the facts and law relating to personal injury claims and with proven success at court. Highly regarded by our commercial clients.”
Andrew West, BLM

“I have worked with Tom Bourne-Arton on a number of Tribunal matters over the years including many final hearings – always with success. Tom is easy to work with, approachable, and builds good rapport with clients. Tom is technically sound and hones down on key detail to the success of the case. Great Counsel to have in the team.”
Victoria Russell, LLP Partner, Silverman Sherliker LLP

“Tom is a very good junior and typical of this set. Strong on paper, on his feet and in conference, I find him especially good on Claimant employers liability. He is very switched on to the harsh realities of CFA work, but refreshingly not risk averse.”
Neille Ryan, Partner, Furley Page

Directory Quotes


“He is efficient and sensible.” “He is quick to grasp issues and very efficient in turning work around.”

Chambers UK 2021

Personal Interests


Tom enjoys playing cricket, golf, and the piano. He is also an avid reader and a keen, albeit very amateur, cook.