Thomas Bushnell

Call: 2013

Instructing Thomas

To instruct Thomas please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

Thomas Bushnell is developing a practice across Chambers’ main areas of expertise, with particular experience in financial crime and financial services regulation.

Legal Expertise

Financial crime and financial services regulation overview

Tom’s extensive background in white collar crime and regulation has seen him continue to receive instructions in these areas. He is currently instructed by the FCA as second junior in a major dual-track investigation.

Tom recently spent six months as a part-time consultant to the regulatory and investigations group of a large international law firm, assisting on a number of its ongoing SFO and FCA cases. His advice spanned:

  • Fraudulent trading in India;
  • An internal investigation into South American bribery and corruption;
  • Money laundering in the insurance industry;
  • LPP;
  • Various aspects of FCA regulation, including in relation to SUP15 notifications and ongoing investigations by Supervision and Enforcement.

Tom was also heavily involved in representing a corporate witness to a long running SFO investigation, liaising directly with the SFO case team and advising on responses to complex s. 2 notices.

In 2018, Tom completed a secondment at the Financial Conduct Authority, within the Criminal Prosecutions Team. During and after his secondment, Tom primarily assisted on the preparation for trial of a major insider dealing prosecution of Fabiana Abdel-Malek and Walid Choucair.

In 2017 he assisted the defence team for one of the three former Tesco executives charged with fraud and false accounting relating to Tesco’s statements to the market in 2014.

Notable Financial crime and financial services regulation cases

SFO v Bush, Rogberg & Scouler

Assisted the defence team for one of the three former Tesco executives acquitted of fraud and false accounting.

FCA v Abdel-Malek and Choucair

Substantial insider dealing case.

Crime overview

Tom regularly appears in Magistrates’ Courts and the Crown Court, mainly for the defence. He has defended individuals charged with a range of offences, including assault, burglary, forgery, motoring offences and drug offences.

Tom has experience prosecuting for the Crown Prosecution Service, Transport for London and the National Probation Service.

Notable Crime cases

R v C

Successful defence of an 85-year-old man charged with criminal damage of a neighbour’s fence. Crown offered no evidence after legal argument on “fixtures” as a matter of land law.

R v X

Successfully represented a notable nightclub boss at risk of a “totting” ban.

R v S

Represented a former FCA approved person charged with using a fraudulent instrument. Successfully invited the imposition of an absolute discharge.

Licensing

Licensing overview

Tom is developing a broad practice in licensing matters, advising and acting for both the police and premises licence holders. Highlights include a successful summary review for the Metropolitan Police of the licence of JuJu, a high-profile nightclub on King’s Road.

Tom regularly speaks and writes about topical licensing issues. He delivered lectures at the National Pubwatch Conference 2019 (with Stephen Walsh QC and Gary Grant), and in July 2018 delivered an “update on licensing law” to the Licensing Committee of a large London Borough (with Matthew Butt). He co-edits a number of Westlaw “Topic” articles on the licensing of alcohol and gambling (with Sarah Le Fevre).

Tom also represents Transport for London in licensing appeals in the Magistrates’ and Crown Courts.

Notable Licensing cases

Juju, King’s Road

Represented the Metropolitan Police Service in successful summary review proceedings before the Licensing Sub-Committee of the Royal Borough of Kensington & Chelsea. Reported in the London Evening Standard.

Giovanni, Knightsbridge

Represented the Metropolitan Police Service in review proceedings before the Licensing Sub-Committee of the Royal Borough of Kensington & Chelsea. Reported in the London Evening Standard.

Wagamama, Canterbury

Represented a branch of the popular restaurant chain in a successful application for planning permission to allow chairs and tables outside.

Club Aquariam, Old Street

Represented the Metropolitan Police Service in a successful review before the Licensing Sub-Committee of Islington Borough Council. The licence of this large and famous nightclub was revoked following a string of criminal offences associated with the premises, and the operating hours on the shadow licence were reduced.

Civil Orders overview

Tom regularly advises and represents the Metropolitan Police in applications for various civil orders in the criminal courts. These include sexual harm prevention orders, closure orders and orders for cash forfeiture.

Inquests & Inquiries overview

Tom acts on behalf of IPs in inquests. He has recently represented the Metropolitan Police Service in two inquests following multi-officer restraint.

Notable Inquests & Inquiries cases

Inquest touching the death of DC, Central Criminal Court

Tom acted for the MPS (led by Edmund Gritt) in one of the first inquests held at the Old Bailey. The deceased died following the ingestion of cocaine during a search warrant executed by a large number of officers from the Trident and Haringey Gangs units. All the officers concerned were granted anonymity during the inquest. The MPS and its officers were not criticised in the jury’s conclusions.

SFO v Bush, Rogberg and Scouler
Assisted the defence team for one of the three former Tesco executives charged with fraud and false accounting.

FCA v M and C
Substantial insider dealing case.

Juju, King’s Road
Represented the Metropolitan Police Service in successful summary review proceedings before the Licensing Sub-Committee of the Royal Borough of Kensington & Chelsea.  Reported in the London Evening Standard.

Instructing Thomas

To instruct Thomas please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

  • Criminal Bar Association
  • Young Fraud Lawyers Association
  • Financial Services Lawyers Association
  • Bar Professional Training Course (Outstanding), Kaplan Law School
  • MA (Cantab) Law (First), Trinity Hall, Cambridge
  • Baron Dr Ver Heyden de Lancey Prize, Middle Temple (2014)
  • Certificate of Honour, Middle Temple (2013)
  • Astbury Scholar, Middle Temple (2012)
  • Dr Cooper Law Studentship, Trinity Hall (2012)
  • Trinity Hall Law Studentship (2012)
  • The Ellis Lewis Prize for English Law, Trinity Hall (2012)
  • Elected Bateman Scholar, Trinity Hall (2012)
  • Alan King-Hamilton Bursaries, Trinity Hall (2010 & 2012)
  • Lovells Prize, Trinity Hall (2010)

Tom is security cleared to SC level.

Before starting pupillage, Tom worked as a paralegal in the corporate crime team at Hickman & Rose. He assisted on some of the firm’s most significant criminal and regulatory matters for individuals and corporates, with a focus on LIBOR manipulation. In particular, he was heavily involved in the defence of the first trader and manager exonerated by the FCA’s Regulatory Decisions Committee for alleged LIBOR manipulation.

I, Thomas Bushnell, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at thomas.bushnell@3rblaw.com. My Data Protection Policy can be found here.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien. The types of data I process vary upon the nature of the legal matter in relation to which I am engaged to advise, but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child. When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here. When I process data which has not be obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, ‘white listed’ by the EU or otherwise permitted by EU law (e.g. to the USA under the provisions of the ‘Privacy Shield’).

Under the GDPR, data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability. Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services. A failure to provide such data may mean that I will not be able to provide the legal services.

Rev 1.0 – 18.05.2018