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QEB News: R v Semsarilar
29.3.2012 More >

QEB News: Mid-Staffs NHS Public Inquiry
4.5.2011 More >

Tom Kark QC

Call 1982 Silk 2010
LLB

Practice: Regulatory, Fraud, Crime and Public Inquiries

Tom Kark QC's"practise is way beyond those of most silks," according to a slew of highly impressedsources. They find his advocacy "very attractive" and "fair minded." - Chambers UK 2012

 

Summary

Tom has been appointed Lead Counsel to the Public Inquiry into the failure to regulate the Mid-Staffordshire NHS Foundation Trust. Leading a team of three junior Barristers his role as lead counsel to the inquiry has been to ensure that the structure of the inquiry and the evidence called meets in full both the terms of reference and the high public expectation. The Inquiry started in November last year and is expected to finish oral evidence in October this year. The Inquiry has been praised both for the efficiency with which it has been run and the breadth and depth of evidence being examined.

Tom’s practice originated in criminal law and he developed a practice in defending serious white collar criminal cases and prosecuting serious crime, including murder, manslaughter, shootings, corruption, perjury, sexual offences and serious importations of drugs as well as evasion offences.

In 2002 he was appointed Standing Counsel to Customs and Excise (later to be Revenue and Customs) and prosecuted a number of very high level cases for Customs and then for the Serious Organised Crime Agency.

Over the past ten years his practice has focused on Regulatory and Disciplinary law, prosecuting for the General Medical Council and both prosecuting and defending in other regulatory tribunals including Dentists, Chiropractors, Solicitors, etc.

He has appeared in a number of complex and noteworthy GMC cases including those of Dr Skinner (overuse of Thyroxine), Dr Barton (Gosport War Memorial Hospital misprescribing of Diamorphine) and more recently Dr Trossel (using stem cell therapy in the purported treatment of Multiple Sclerosis).

Reviews

Tom Kark QC's "incisive, tough" style is often applied to corruption and trade prohibition cases. - Chambers UK 2012

‘Tom Kark is not only good on his feet but is also an excellent lawyer. Acted in R v Swan, a conspiracy to defraud the Government Office for the South West by £2 million. ’ – Chambers UK (2010) Fraud

Recommended in Fraud - Legal 500 (2010)

Tom Kark is recommended as a Leading Junior barrister in the field of Fraud (Criminal) and Professional Discipline in Chambers UK Guide to the Legal Profession (2010); he is also recognised as an expert in White Collar Crime by Legal Experts.

‘Much praised by his opponents, Tom Kark is a "very fair prosecutor" who often handles cases involving complex medical technicalities. He is "regularly against silks giving as good as he gets," ’ – Chambers UK (2010) Professional Discipline

‘Tom Kark is another highly respected practitioner at the set, with a wide practice that takes in fraud, fraudulent trading, insider dealing and money laundering, amongst other things. He defended in a case relating to a £2 million fraud committed against the government.’ – Chambers UK (2009)

‘Tom Kark is similarly praised for his perceptiveness. “Low-key, logical and firm but fair,” he has “a professional manner and a good presence.”’ – Chambers UK (2009)

Recent Work

Tom is currently counsel to the Mid Staffs public inquiry (see above).

In the General Medical Council Tom is regularly instructed to prosecute complex and long cases. In 2010 Tom represented the GMC in the prosecution of Dr.Trossel who was struck off for offering stem cell treatment to MS sufferers.

In 2009 he represented the GMC in the prosecution of Dr.Barton who was accused of the misuse of diamorphine in the care of the elderly at Gosport War Memorial Hospital.

In crime his recent cases include the prosecution of a conservative counsellor for corruption and the defence of S who set up a film studio in Cornwall using fraudulently obtained government money and the defence of H who was a well known tennis coach charged with assaulting female young students.

His recent prosecution work has included prosecutions of Attempted Murder by shooting as well as significant Heroin and Cocaine trafficking cases.


Career Details

Tom Kark has historically defended and prosecuted all types of commercial fraud and general crime, and was involved in the cases of Roger Levitt, Van Hoogstraten and Shiela Bowler.

He advises in relation to money laundering provisions, notification to NCIS and ‘tipping off’.

Tom Kark has defended and prosecuted in all general types of serious crime including murder; manslaughter; death by dangerous driving; rape; offences against children; importation, manufacture and supply of drugs; gun offences; armed robbery. He has regularly been instructed on behalf of the Serious and Organised Crime Agency (SOCA).

His practice also includes cases concerning the misuse of computers and Data Protection Act offences.

Tom Kark also advises in relation to Mutual Assistance (International Co-operation) in criminal matters.

Appointments

2002 Standing Counsel to the Revenue and Customs Prosecutions Office
2000 Recorder

Additional Information

Member of Association of Regulatory & Disciplinary Lawyers
Registered with the Bar Council – Public Access Directory
Member of the Public Access Bar Association - PABA

Notable cases:

R v Semsarilar (2012)
Successful defence of client charged with 'Sanctions Busting'

Mid-Staffs NHS Public Inquiry (2011)
Further updates of Mid-Staff Inquiry where Tom Kark QC, Ben Fitzgerald and Tom Baker are appointed as counsel to the inquiry

Stem-Cell Doctor Struck Off (2010)
Acting for GMC

GMC v Barton (2009)
Alleged misuse of opiates

R v Kumar & Sidhu (2009)
Corruption and Perverting the Course of Justice

R v Ali & Miah (2009)
Attempted murder by shooting

GMC v Gwynn (2008)
Consultant breast surgeon

R v Hefferman (2008)
Tennis coach accused of indecent assaults

R v S (2008)
£2 million Government fraud

GMC v Aung (2008)
Death during cosmetic operation

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