Owain Thomas has a broad practice with an emphasis on the areas of professional negligence, professional discipline, public law (in particular relating to healthcare), and taxation.
He has wide experience acting for both Claimants and Defendants (NHS and MoD) in clinical negligence, particularly high value claims resulting from birth injury or other catastrophic injuries. He has experience of a wide variety public law challenges against Mental Health Trusts in the Administrative Court and emergency injunctions and best interests cases in the Family Division. He regularly appears for public authorities (hospitals, mental health Trusts and prisons) in complex inquests.
Owain has considerable experience in all areas of professional regulation and regularly appears on behalf of doctors, dentists and other professionals before the GMC, GDC etc.
He has represented the Commissioners of Customs and Excise in hundreds of cases in the domestic courts (in the Tribunal, the High Court and the Court of Appeal) and the European Court of Justice. His experience includes advisory work as well as advocacy in all areas of indirect taxation.
He also has particular experience in the field of customs duties, goods classification, anti-dumping duty and landfill tax.
He undertakes a wide range of public law challenges particularly in the field of healthcare and tax litigation.
He is a member of the Professional Negligence Association, the Personal Injury Bar Association and the Administrative Law Bar Association.
In Clinical Negligence, Owain Thomas-
acted "brilliantly" and "fantastically well." "Bright and conscientious," he is a man with "a real eye for detail on the most intricate cases" (Chambers and Partners 2013)
has ‘excellent cross-examination skills (Legal 500 2012)
is a favourite of many of the solicitors that researchers spoke to. He "can quickly see whether a case is worth fighting, reassures clients" and is always "calm, considered and hard-working (Chambers and Partners 2012)
is described by sources as a "rising star who is competent on all fronts."
(Chambers and Partners 2010)
In Professional Discipline, Owain-
is increasingly seen as a go-to junior for defending members of the medical profession, and is frequently instructed by the MDU and north of the border by the MDDUS. Those who encounter this "extremely intelligent" advocate are impressed by his diligence and his "eye for detail on the most intricate cases." (Chambers and Partners 2013)
is rapidly making a name for himself on the medical side of professional discipline, and has appeared in a number of important matters in recent years (Chambers and Partners 2012)
In Indirect Tax, Owain –
notched up some impressive wins in indirect tax cases. "Clear in his advice and highly persuasive in court," he has frequently been seen in the European Court of Appeal. (Chambers and Partners 2013)
is very good indeed and has done an excellent job on some big cases (Chambers and Partners 2012)
has developed a flourishing practice in the specialist area of customs classifications. "Diligent, knowledgeable and resourceful," he is one of the few experts in this area and is considered a fine advocate. (Chambers and Partners 2010)
is recognised as a leading junior for his “thriving VAT practice” and “often prevailing over silks” (Chambers and Partners 2009).
BA (Hons); BCL (Class 1)
Chapter on Taxable Transactions in “Value Added Tax, Commentary and Analysis” (Looseleaf) with Philippa Whipple (Sweet & Maxwell 2009)
Chapter on Waste in “Burnett Hall on Environmental Law”, Second Edition, with David Hart QC and Rachel Marcus (Sweet & Maxwell 2008)
Clinical Practitioners in “Professional Negligence and Liability” (Looseleaf) with Stephen Miller QC and Paul Rees QC (LLP 2000-2007)
Chapter on Sources of Human Rights Law in "Human Rights and the Common Law" Havers & English Ed. (Hart Publishing 2000)
Junior Counsel to the Crown 2008 (Attorney General's A Panel)
Junior Counsel to the Crown 2003 (Attorney General's B Panel)
Junior Counsel to the Crown 2001 (Attorney General's C Panel)
Lay Member of St Thomas' Hospital Local Research Ethics Committee 2004
School Governor Herbert Morrison Primary School 1999
Significant cases include the following
Significant recent cases
Please click on the printable version of the CV for a more detailed list
BAA Limited -v- HMRC  EWCA Civ 112
R(Hutton) –v- First Tier Tribunal and CICA  EWCA Civ 806
Sub One Limited –v- HMRC  UKUT 34 (TCC)
Pendragon –v- HMRC  UKUT 90 (TCC)
R (ota Modaresi) v Secretary of State for Health and others  EWCA Civ 1359
GMC v Dr Wakefield and Others (2007 – 2010) -Junior Counsel for the GMC in the longest ever FTP hearing concerning research misconduct relating to the MMR vaccine.
HMRC-v- Atrium CLub Limited  STC 1493
Newey t/a Ocean Finance -v- HMRC  UKFTT 183 (TC)
Case 511/10 Finanzamt Hildesheim -v- BLC Baumarkt (pending)
Joined Cases C-288/09 and 289/90 BSkyB -v- HMRC
R (ota Modaresi) v Secretary of State for Health and others  EWHC 417 (Admin)
Mid-Staffordshire NHS Foundation Trust Public Inquiry 2010-2012 Counsel for the NHSLA
Vision Express (UK) Ltd -v- HMRC  EWHC 3245(Ch)
Boots Company Plc -v- HMRC  EWCA Civ 1396
Tomy (UK) Ltd -v- HMRC  EWCA Civ 1085
Redfern Inquiry into Nuclear Industry (representing BNFL) [2007-8]
Costco Wholesale UK Ltd -v- Milton Keynes PCT and Secretary of State for Health  EWHC 216 (Admin)
Epson Telford Ltd -v- HMRC  EWCA Civ 567
VAT Registration No: 680 7971 93