The lawyer Adam Tolley KC is not renowned outside legal circles but he has qualities that made him a safe pair of hands for the important and sensitive task of producing the report on bullying allegations that will probably determine Dominic Raab’s political future.
He has not acted in a case that would have established him in the public consciousness and he is not on Twitter, unlike many of his fellow barristers, some of whom have huge followings (although they tend to practise different specialities). Called to the bar in 1994 and made a silk in 2014, his lack of public profile may have been a plus for Rishi Sunak – preventing journalists from scouring his social media for controversy.
The legal directories Chambers and Partners and the Legal 500 describe him as having an encyclopaedic knowledge of employment law. The latter also referred to his “very impressive” written work, which was said to be “clear, to the point and not over-elaborate” – important qualities when you are conducting an investigation into the deputy prime minister in which every word will be pored over meticulously.
Tolley’s experience of advising employers, government bodies and senior executives would also have counted in favour of his appointment, even if for those who associate lawyers with their clients – a cardinal sin in the eyes of many lawyers – it may have made him seem too close to government.
Jolyon Maugham KC, the founder of the Good Law Project, a campaigning organisation that has brought multiple cases against the government, said Tolley was not an obvious choice because his chambers, Fountain Court, was not one of the half a dozen or so large employment sets that one would usually approach if seeking a barrister in the field.
However, he said his own experience of facing Tolley in court was a positive one. “I really liked him as an opponent, [he was] very ethical,” Maugham said. “I was kind of cheered [when he was appointed to lead the Raab investigation], there are lots of people who I would feel less confident in than Adam. The fact that he’s acted for the crown in a few cases, well, you know, most people have acted for the crown in a few cases, I don’t really think you can sensibly draw any inferences from that.”
Notable employment cases – he is also a commercial lawyer – that Tolley has participated in include representing the then Prince Charles, before he ascended to the throne, in a number of claims against his household. In 2004 and 2005, he successfully defended Charles against claims by a former secretary, Elaine Day, that she was sexually discriminated against by his assistant private secretary and unfairly dismissed.
Tolley represented an unidentified security service in a 2012 sexual harassment claim at an employment tribunal brought by a female agent against her boss and a government intelligence agency. He appeared at four separate employment appeal tribunals for the Ministry of Defence from 2008 to 2011, and for the Department for Environment, Food and Rural Affairs in 2013.
On Tolley’s appointment to the Raab investigation, the human rights lawyer Adam Wagner, like Maugham a frequent critic of the government, tweeted: “The fact that he has been instructed in those cases show he is highly respected as a lawyer, not any particular predisposition.”
Other qualities attributed to Tolley by the legal directories include calmness, persistence and an ability to grasp complex issues quickly.
His personal characteristics are also praised, with Tolley described as a team player, “kind” and “charming to work with” – merits that contrast starkly with the allegations against Raab.
