Viewing: Public Law for Jake Rylatt

Jake continues to develop 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. He regularly appears across a range of jurisdictions, frequently against much more senior Counsel, and has appeared on multiple occasions in the High Court as sole Counsel. He has also been led in the Court of Appeal, and has assisted with the drafting of pleadings for the Supreme Court and European Court of Human Rights.
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, and subsequently appears on behalf of, prisoners in judicial review challenges to decisions of the Parole Board and the Secretary of State for Justice, including decisions concerning release, recall, conditions, correspondence and the provision of oral hearings. Examples include:
R (Phanthiva) v Parole Board, CO/4649/2018 – successful judicial review of Parole Board refusal to recommend that the claimant be transferred to open conditions.
R (Meachen) v Parole Board, CO/2962/2018 – challenge to the Parole Board’s decision to grant an oral hearing, contrary to the principles established in R (Osborn) v Parole Board [2014] AC 1115
R (Browne) v Parole Board [2018] EWCA Civ 2024 – junior counsel before the Court of Appeal in a challenge to the standard of review to be applied by the Parole Board and the Administrative Court. Led by Philip Rule.
R (Cabey) v Secretary of State for Justice, CO/241/2019 – challenge to the SSJ’s decision to recall a determinate sentence prisoner on the basis of failure to apply the correct test, rationality and proportionality.
R (Gayton) v Parole Board, CO/803/2019 – successful judicial review of Parole Board refusal to recommend that the claimant be transferred to open conditions.
R (Omondi) v Secretary of State for Justice, CO/1853/2019 – judicial review challenge to the SSJ’s policy of prohibiting certain categories of foreign national prisoners (“FNPs”) from being transferred to open conditions during indeterminate sentences.
R (Jackson) v Parole Board [2020] EWHC 559 (Admin) – challenge to the Parole Board’s reliance on an out-of-date Structured Assessment of Risk and Needs and failure to make reasonable adjustments within the parole process.
R (Morris) v Parole Board and Secretary of State for Justice, CO/46/2019 (awaiting judgment) – junior counsel before the Divisional Court in a challenge to the Guidance on Allegations. Led by Philip Rule.
R (EG) v Parole Board, Secretary of State for Justice and Others, CO/1822/2019 (further hearing listed) – instructed as junior counsel by the Official Solicitor on behalf of the claimant in a judicial review claim concerning a range of issues affecting prisoners lacking capacity to participate in proceedings before the Parole Board, including whether a litigation friend can be appointed. Led by Caoilfhionn Gallagher QC and Ian Brownhill.
In developing his own practice in prison law, Jake draws on the invaluable experience gained as a Pupil of Philip Rule. In this capacity, Jake provided research and drafting assistance, including on prospective applications before the Supreme Court and the European Court of Human Rights on matters of prison law.
Education Law
Jake is the Joint Head of the Education Law Team at No5 Barristers’ Chambers (with Ian Brownhill). He frequently appears in the First-tier Tribunal (Special Educational Needs and Disability) in relation to Educational, Health and Care Plans (“EHCPs”) and in claims of disability discrimination, both for parents and local authorities. In doing so, Jake has encountered a wide range of issues, from challenging decisions not to issue an EHCP, to disputes over the contents of an EHCP, to the relationship between proceedings concerning disability discrimination and an EHCP respectively.
Jake has also advised on the merits and procedure of appealing to the Upper Tribunal, applying to enforce the provisions of an EHCP via judicial review, and broader education-related claims such as educational negligence and breach of statutory duty.
Beyond the Courts and Tribunal system, Jake has represented parents or acted as an independent legal advisor/clerk at a range of education law hearings 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); and
- Independent Appeals Panels (for school admissions), at Stage 1 and Stage 2.
Further detail is contained in Jake’s specific “Education Law” CV, accessible via the drop-down box above.
Immigration Law
Jake regularly appears before the Immigration and Asylum Chamber of the First-Tier Tribunal and Upper Tribunal, in asylum claims, human rights appeals, non-EEA deportation appeals and EEA removal appeals. His experience has included claims across the full breadth of Convention reasons and involving a range of States and territorial entities including Sri Lanka, Iraq, Afghanistan, Eritrea, Ethiopia, Sudan, Pakistan, Palestine, India, Chechnya, Turkey, Albania, Zimbabwe, Iran, and Georgia.
Jake has also successfully brought and defended error of law appeals in the Upper Tribunal, and has secured bail from the First-Tier Tribunal for a number of immigration detainees (often instructed by Bail for Immigration Detainees). He has successfully challenged decisions of the Secretary of State for the Home Department via judicial review, and advises across the spectrum of frequently-encountered judicial review challenges such as “fresh claims”, certification, and Cart challenges to the Upper Tribunal.
Further detail is contained in Jake’s specific “Immigration Asylum and Nationality” CV, accessible via the drop-down box above.
Court of Protection and Mental Health Law
Jake is regularly instructed to appear in directions and final hearings within the jurisdiction of the Court of Protection, and has appeared as sole Counsel in the High Court and County Court in cases concerning health and welfare and/or property and affairs. Such cases have included: challenges to deprivations of liberty in care homes and hospitals under s21A of the Mental Capacity Act 2005 (“MCA 2005”); applications for best interests decisions under s16 MCA 2005 (which have included issues of residence, care, restrictions on using the internet, and sexual/non-sexual contact with others); applications for revocation a Lasting Power of Attorney, whether on the basis of invalidity or conduct of the attorney; and contested deputyship applications.
Jake has been instructed by the Official Solicitor, Office of the Public Guardian, local authorities, Relevant Persons Representatives, clinical commissioning groups, and NHS trusts. In approaching cases in the Court of Protection, Jake is able to draw upon his invaluable experience of assisting Ian Brownhill as a Pupil.
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 before the County Court for local authorities in applications to displace an individual’s ‘nearest relative’.
Further detail is contained in Jake’s specific “Court of Protection” CV, accessible via the drop-down box above.
Inquests
Jake has been instructed by a range of Interested Persons to appear at both inquests (including those lasting for multiple days) and pre-inquest reviews across a variety of contexts, including deaths in custody, the provision of psychological and/or psychiatric care, and sporting accidents.
In preparing and conducting such inquests, Jake is able to draw on his experience in prison and police law, practice in the Court of Protection, mental health law, and personal injury law. This experience greatly assists with the handling of expert witnesses and the identification of concerns, both individual and systemic. Jake has achieved success in arguing that the Coroner’s jurisdiction to issue a report with the aim of Preventing Future Deaths is engaged, in relation to issues such as the accessibility of specialist medical treatment and information-sharing between healthcare bodies.
Jake is also developing an advisory practice in the field of inquest law. He is frequently instructed to advise on matters arising within inquest proceedings, such as the engagement of Article 2 ECHR, evidential matters, and the Coroner’s duty to issue reports on Preventing Future Deaths. Additionally, Jake is always happy to advise on the prospects of successful post-inquest civil proceedings, drawing on the first-hand experience of handling relevant witnesses during the inquest itself.
Further detail is contained in Jake’s specific “Inquests Public Inquiries and Coronial Law” CV, accessible via the drop-down box above.
Civil Liberties and Human Rights
Jake frequently advises on, and appears at interim hearings and trials in, claims arising from alleged violations of civil liberties and human rights, both within and beyond the above areas of public law. Such claims have included actions against prisons, the police and NHS trusts for a range of torts, human rights violations, and data protection issues. Jake has also assisted with challenges to injunctions granted against protesters. In all such cases, Jake is able to draw on a range of experience appearing in personal injury hearings, including fast track and small claim trials, multi-track interim hearings, “Stage 3” quantum hearings and infant approval hearings.
Social Security Law
Jake has successfully 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 Solucion 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!.

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Date: Fri, 12 Jun 2020