Philip Rule Regulatory & Licensing
Philip is instructed in a variety of regulatory contexts, and has considerable experience and expertise in judicial review including of regulatory decisions and tribunals. He has also written extensively on various regulatory topics. Philip presented a seminar at No5’s annual Regulatory Law Seminar in 2016. He has appeared in the Supreme Court, and at all levels of the appellate system.
Examples of work in the past year
In late 2017 before the Contract Review Board of the Legal Aid Agency Philip successfully argued against the termination of a legal aid contract for a breach of a fundamental term under the 2017 standard criminal contract. The Board reversed the decisions previously taken by the LAA and imposed a lesser sanction.
Philip advised the Chairman of a football association in the Caribbean in relation to an investigation by an anti-corruption commission concerning matters connected to the international investigations FIFA are undertaking into corruption and misappropriation of funds.
Philip was also instructed to advise the director of an organisation providing care and rehabilitation accommodation to remanded young boys who is facing a corporate manslaughter investigation following the drowning of one boy on a day trip conducted by the home.
Philip has been instructed to defend a company and director facing allegations of breach of a noise abatement notice.
Winner of the LAPG Legal Aid Barrister of the Year award 2017
Nominated for the Modern Law Award for Barrister of the Year 2017-2018
Philip has been listed as a leading junior barrister each year since 2013, with commentary including that:
he is “Frighteningly intelligent.”
Legal 500, 2017
“His ability to form the most complex legal arguments is outstanding” and “He has great attention to detail and a professional manner with clients.”
Legal 500, 2016
he “Goes above and beyond…” the work of others, and is a “very confident operator in judicial review matters”
Legal 500, 2015
"able to intersect different areas of law to obtain the best possible outcome"
Legal 500, 2013
Examples of areas of work undertaken
Philip has experience of advising and representation in relation to licensing applications; appeals concerning the Security Industry Authority (door supervisors etc); taxi licensing; and liquor licensing appeals. Philip is also instructed in defence of allegations of breach of professional conduct and discipline matters.
Philip has considerable experience amassed during over 16 years of full time practice at the Bar. As well as regulatory work, he has years of experience of both criminal and civil work, and has been appointed to various bodies’ lists of counsel maintained for prosecution, for criminal defence, and for inquest and civil work.
Further details of Philip’s appellate practice, and his judicial review work, can be seen at https://www.no5.com/barristers/barrister-cvs/philip-rule-public-law/ and https://www.no5.com/barristers/barrister-cvs/philip-rule-crime-/
Selected Appeal Cases
R v N  EWCA Crim 92;  2 Cr App R 10; (2016) 180 J.P. 252;  4 Archbold Review 3; 166 N.L.J. 7701(7) [Leading Ramya Nagesh, No5. Successful appeal against conviction for an offence of breach of a non-molestation order contrary to section 42A of the Family Law Act 1996].
London Borough of Newham v Sumal & Sons  1 WLR 2078;  EWCA Crim 1840;  Lloyd's Rep. F.C. 692;  H.L.R. 46;  2 P&CR DG19; CLW 12/31/3 [Appeal against confiscation order allowed; rent obtained when offence committed contrary to s95 Housing Act 2004 not property obtained as a result of or in connection with the offence. Raised a number of novel legal arguments concerning the Proceeds of Crime Act regime, and its application to summary-only offences. The Supreme Court subsequently refused permission to the Prosecution to appeal against Philip’s success in this case].
Cumberbatch v. Crown Prosecution Service; Mohammed Ali v Director of Public Prosecutions  EWHC 3353 (Admin) (Div. Ct); (2010) 174 J.P. 149;  1 Archbold Review 3; CLW 10/06/07; (2010) 154(33) S.J. 25; (2010) 154(8) S.J. 17;  All ER (D) 256 (Nov.). [Duties of police officers, breach of the peace, and resisting a constable].
Lord-Castle v DPP  EWHC 87 (Admin);  All ER (D) 181 (Jan.); CLW 09/06/06; LTL doc. AC0119722; Crimeline updater 294 [Commentary at 153 CL&J 86] [Regulations concerning private ambulances and sirens and blue lights; meaning of “ambulance” purposes]
Onasanya v London Borough of Newham  EWHC 1775 (Admin);  4 All ER 459;  All ER (D) 199 (Jul); Criminal Law Week CLW/06/32/04; Crimeline updater issue 181, case and commentary. [Interpretation of the legislation concerning street-trading motor vehicles [Philip acted for the appellant accused].
Resisting Unlawful Arrests The Journal of Criminal Law (2010) 74 JCL 189–195
Lawful Stopping of Vehicles (2009) 174 CL&JW 121
What it means to be an ambulance (2009) 153 C.L. & J. (Criminal Law & Justice) 86 (concerns regulations on vehicles being fitted with a siren, or blue beacon lights)
The power to re-open the case in the “interests of justice” and Croydon (2009) 173 CL&J 213 (considering proper approach to s142 of the Magistrates’ Courts Act 1980)
Viewing the Locus in Quo and Reconstruction of Events (2009) 173 CL&JW 406
Licensing Act Offences (2007) Entertainment Law Review Volume 18 Issue 7 (Sweet & Maxwell) 231; (2007) 171 JPN 50 (at p879) and 171 JPN 51 (at p899).
Confiscation Orders: Criminal Justice Act 1988 - Enforcement and Extension of Time to Pay (2007) Vol. 171 Justice of the Peace 607; (2007) 151 Solicitors Journal 1178
Street Trading and Interpretation of s38 London Local Authorities Act 1990 (2006) 170 Justice of the Peace Journal 604 [170 J.P.N. 604]