Four Of Philip Rule's Cases Published In This Week's Solicitors' Journal And Current Archbold News

Fri, 27 May 2016

Parole Board delays result of systematic breach of duty:
Philip was leading No5's Varsha Jagadesham. View Varsha's profile here.

R (Hussain) v Parole Board of England and Wales (2016) 160 (19) S.J. 37; [2016] All ER (D) 224 (Feb); (also cited by A New Chapter for the Parole Board [2016] Crim.L.R. 379)
Established that: (1) the parole system is operating with unlawful delays in breach of the state’s duty to maintain a proper and lawful system; and that (2) the delay to a pre-tariff expiry parole hearing may often (and did in this case) amount to a violation of the ancillary obligation within Article 5 ECHR.

Trespass with intent to commit a sexual offence legal requirements:
R v Pacurar [2016] WLR (D); (2016) 160 (19) S.J. 37; CLW 16/19/3
Deciding whether it is necessary to specify the intended sexual offence in an allegation of trespass with intent to commit a relevant sexual offence, contrary to s63 of the Sexual Offences Act 2003.

R v O’Neill [2016] 4 Archbold Review 3
Philip was leading No5's Ramya Nagesh. View Ramya's profile here.
Successful appeal against conviction for an offence of breach of a non-molestation order contrary to section 42A of the Family Law Act 1996. Guidance as to the correct judicial direction and ingredient of “oppression” concerning an allegation that conduct is harassing.

R v Roberts and 12 others [2016] 4 Archbold Review 3
Guideline case issued by the Lord Chief Justice concerning out-of-time IPP (indeterminate imprisonment for public protection) sentence appeals.

View Philip's public law profile here and criminal law profile here.

Related articles

Three counsel from No5 Barristers’ Chambers have been shortlisted in the Chambers Bar Awards 2020 Diversity and Inclusion categories. No5 itself has also been recognised in the same category....

Date: Thu, 08 Oct 2020
No5 Barristers’ Chambers has again reaffirmed its position as a leading set of barristers in the annual Legal 500....

Date: Thu, 08 Oct 2020
Yasmin Yasseri, Richard Grimshaw and Richard Oakes are all to be appointed Recorders....

Date: Thu, 08 Oct 2020