Viewing: Public Law for Jake Rylatt

Following the successful completion of pupillage under the supervision of Philip Rule, Jake is developing a broad public law practice including prison law, education law, immigration law, Court of Protection and mental health law, inquests law, civil liberties, and social security law.
Prison Law
Jake has appeared successfully on multiple occasions before the Parole Board seeking release of prisoners serving indeterminate sentences, including cases where the individual seeking release has been vulnerable and/or subject to multi-disciplinary supervision. Jake regularly advises prisoners on the merits of challenging decisions of the Parole Board through the mechanism of judicial review. He has acted as Counsel in judicial review claims brought by prisoners against the Parole Board in the Administrative Court, and recently appeared (as Junior Counsel) in the Court of Appeal in R (on the application of Browne) v Parole Board [2018] EWCA Civ 2024. In developing his own practice in prison law, Jake draws on the invaluable experience gained during Pupilage. In his capacity as Pupil to Philip Rule, Jake provided research and drafting assistance, including prospective applications before the Supreme Court and the European Court of Human Rights on matters of prison law (including parole board proceedings, prisoner categorisation and adjudications).
Education Law
Jake has acted as Counsel for a range of education law hearings, both for parents and local authorities, including: Governors’ Disciplinary Meetings (including appeals against permanent exclusions); Independent Review Panels (including challenges to permanent exclusions involving disability discrimination contrary to the Equality Act 2010); Independent Appeals Panels (for school admissions), both at Stage 1 and Stage 2; and Appeals before the First-Tier Tribunal (Health, Education and Social Care Chamber) in relation to Education, Health and Care Plans (EHCPs). Additionally, Jake frequently advises on, and where appropriate drafts pleadings for, challenges to decisions of schools and local authorities through the First-Tier Tribunal (including matters of disability discrimination) and the Administrative Court.
Immigration Law
Jake regularly appears before the First-Tier Tribunal (Immigration and Asylum Chamber), primarily in asylum and human rights appeals. His experience has included asylum claims involving a range of States, including Sri Lanka, Iraq, Afghanistan, Eritrea, and Ethiopia. Additionally, Jake has secured bail from the First-Tier Tribunal for a number of immigration detainees. Jake has also advised on appeals to the Upper Tribunal on points of law, and the prospects of challenging decisions of the Home Office through the mechanism of judicial review.
Court of Protections and Mental Health Law
Jake has appeared as Counsel in directions and final hearings within the jurisdiction of the Court of Protection, in cases concerning health and welfare and/or property and affairs. He has been instructed by the Official Solicitor on behalf of P and local authorities. Additionally, Jake has appeared before the First-Tier Tribunal (Mental Health), seeking the release of those detained pursuant to powers in the Mental Health Act 1983. On multiple occasions, Jake has also appeared in the County Court for local authorities in applications to displace an individual’s ‘nearest relative’.
Inquests
Jake has appeared for interested parties at both pre-inquest reviews and final inquest hearings, including those in which Article 2 ECHR is engaged. Such inquests have required the cross-examination of expert witnesses, including doctors, psychiatrists, a range of mental health professionals, and paragliding instructors. Jake is able to draw on his prison and police law experience in preparing and conducting inquests involving deaths in custody. His experience in the Court of Protection and mental health law has also provided a firm grounding for inquests in which questions of mental capacity and/or the provision of psychiatric or psychological care arise.
Civil Liberties and Human Rights
Jake frequently advises on, and appears as Counsel in, claims arising from alleged violations of civil liberties and human rights, both within and beyond the above categories of public law. For example, Jake has advised on actions against prisons and police for human rights violations and a range of torts such as false imprisonment, malicious prosecution, and trespass to the person and property. Jake has also assisted with challenges to injunctions granted against protesters.
Social Security Law
Jake has appeared on multiple occasions before the First-Tier Tribunal (Social Entitlement Chamber) in appeals concerning benefits such as Pension Credit and Personal Independence Payment.
Previous Experience
Before entering practice, as part of the Legal Tools for Peace-Making Project, based at the Lauterpacht Centre for International Law (University of Cambridge), Jake contributed to the development of the award-winning Language of Peace research tool and drafted case studies on key issues arising in peace negotiations. Jake subsequently used these materials to provide training on international law and peace-making to international organisations, including the United Nations, European Union, and the Organization for American States. Jake also acted as Research Assistant to Professor Marc Weller, assisting with academic publications and legal advisory work. He assisted Professor Weller in engagements concerning the conflicts and transitions in Syria, Yemen, Myanmar (Burma) and Transnistria (Moldova). As well as securing debating accolades, Jake has competed extensively in mooting competitions during his academic stages of training. This includes achieving first place in the Freshfields Bruckhaus Deringer Mooting Competition (2011), and the runner-up place in the Incorporated Council of Law Reporting National Mooting Competition (2012), where he also achieved the distinction of Joint Best Oralist in the Final Round. He also reached the quarter finals of the Lincoln’s Inn Inter-Provider Mooting Competition (2016) and the Philip C. Jessup International Law Moot Court Competition on two occasions (2012 – 2013, 2013 – 2014). On the latter occasion, his team were also runners up for Best Applicant Memorial and Best Overall Memorials.
Appointments
College Research Associate, Wolfson College, University of Cambridge (2015 – Present)
Visiting Tutor and Examiner in International Law, University of Leeds (2014 – 2015)
Awards
Lincoln’s Inn: Walter Wigglesworth Pupillage Award (2017)
Lincoln’s Inn: Buchanan Prize (2017)
Lincoln’s Inn: Lord Denning Major Scholarship (2015)
Lincoln’s Inn: Hardwicke Entrance Scholarship (2014)
BPP Law School: Excellence Award Scholarship
University of Cambridge: Philip C. Jessup International Law Moot Court Competition (2013 – 2014) – UK National Rounds Quarter Finalist; Runners Up for Best Applicant Memorial and Best Overall Memorials (c.25,000 words submission required as part of the mooting competition)
University of Leeds: Hughes Extended Essay Prize for Highest Marked LLB Dissertation (2013)
University of Leeds: Hogan Lovells Prize in Commercial Law (2012)
University of Leeds: Sidley Austin LLP Prize in Advanced Legal Research and Law Reform (2012)
University of Leeds: Allen and Overy Debating Competition – Runner Up (2012), Winner (2011)
Memberships
Liberty
Justice
Human Rights Lawyers Association (HRLA)
Administrative Law Bar Association (ALBA)
Young Legal Aid Lawyers (YLAL)
Court of Protection Practitioners’ Association (COPPA)
Criminal Bar Association
Qualifications
BPTC – BPP University, London (2015-2017) – Outstanding – 2nd in Year
LL.M (International) – University of Cambridge (2013-2014)
LL.B Law (Hons) – University of Leeds (2010-2013) – First Class – 1st in Year
Jake has published widely in the fields of public law, human rights law, international law, and EU law, and his work has been cited by national and international bodies such as the House of Lords Select Committee on the Constitution, the EU Parliament, and a dispute settlement panel of the World Trade Organization. It has also been featured in multiple House of Commons briefing papers, written by the House of Commons Library for Members of Parliament. Examples of published works include:
Books:
Articles and Book Chapters:
The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
‘Attribution of Conduct in the Context of UN-Authorised International Military Operations: Serdar Mohammed before the Courts of England and Wales’ (2017) 55(1) Military Law and the Law of War Review 75
‘Delegated Legislation, Brexit, and the Courts’ (2017) 22(3) Judicial Review 320 (with Dr Joe Tomlinson)
‘Counterclaims in International Law’ in La Solución de Controversias en Derecho Internacional y Temas Vinculados: Liber Amicorum for Alejandro Turyn (Eudoba: Buenos Aires, 2017) (with Dr Michael Waibel, Cambridge)
‘Something New in Substantive Review: Keyu v Secretary of State for the Home Department’ (2016) 21(3) Judicial Review 204 (with Mr Joe Tomlinson).
‘Immigration and Refugee Law (2014-2015 Legal Year)’ (2015) 6 UK Supreme Court Yearbook 406.
‘Immigration Law (2013-2014 Legal Year)’ (2015) 5 UK Supreme Court Yearbook 338.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part II)’ (2014) 44(2) California Western International Law Journal 1.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part I)’ (2013) 44(1) California Western International Law Journal 39.
Online Publications
‘Provisional Measures and the Authority of the International Court of Justice: Sovereignty vs. Efficiency’ (2013) 1(1) Leeds Journal of Law and Criminology 45.
Written Evidence: Delegated Powers in the ‘Great Repeal Bill’ Inquiry’ (24 February 2017) House of Commons Procedure Committee (with Mr Joe Tomlinson).
‘Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making’ (4 January 2017) EJIL: Talk! (with Professor Marc Weller, Dr Tiina Pajuste, Dr Mark Retter and Ms Andrea Varga).
‘And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case’ (10 November 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson and Dr Duncan Fairgrieve).
‘The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke’ (27 July 2016) UK Constitutional Law Association Blog.
‘Neuberger’s Novelties: Keyu and the Substantive Review Debate’ (17 February 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson).
‘The Use of Force against ISIL in Libya and the Sounds of Silence’ (6 January 2016) EJIL: Talk!.