Philip is instructed in a variety of regulatory contexts and has considerable experience and expertise in judicial review including matters concerning regulatory decisions and tribunals. He has also written extensively on various regulatory topics.
Philip has considerable experience amassed during over 18 years’ 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.
Philip regularly presents seminars on relevant topics, including at No5’s annual Regulatory Law Seminars, and externally to solicitors and to events hosted by professional representative organisations.
Examples of recent work undertaken
Philip is a versatile and thorough advocate, with considerable experience of criminal, civil, regulatory and appellate proceedings and particularly well-placed to be able to advise and represent where there are concurrent proceedings arising from the subject matter events. He also appears before disciplinary tribunals and at inquests, and in Court of Protection matters (relevant to the work of the Care Quality Commission and its regulatory functions).
Philip has acted in several Supreme Court cases that proceeded to a full hearing and has drafted submissions to the Supreme Court on a number of other occasions (both written applications, and respondent’s objections). He has appeared in the Supreme Court, and at all levels of the appellate system. He has drafted submissions and advised in relation to appeals to the Privy Council also.
Many of Philip’s appeal cases have involved points of law of general public importance and are frequently subject to law report and inclusion in the leading textbooks.
Before the Contract Review Board of the Legal Aid Agency Philip has 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 has 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 acted for a member of the royal family of a significant Arab state in relation to proceedings occurring in the UK and on behalf of a company operating in the Falkland Islands in relation to a dispute with the government.
At the other end of the scale, and equally thorough and tenacious in his approach, Philip has for example been instructed to defend a company and director facing allegations of breach of a noise abatement notice. 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 professional conduct and discipline matters.
Selected appeal cases
R (Purvis) v Director of Public Prosecutions  4 WLR 118;  2 Cr. App. R. 34;  ACD 104;  EWHC 1844 (Admin), CLW/18/32/4, Divisional Court
Quashing of a decision not to prosecute a police officer for perverting the course of justice and perjury [Philip instructed to act for the successful claimant]
R v Docherty  UKSC 62;  1 WLR 181;  1 Cr.App.R.(S) 31 (234);  4 All E.R. 263;  1 Archbold Review 5; (2017) 81 J.C.L. 232
Point of law of general public importance certified by Court of Appeal:  EWCA Crim 1582. Queen’s Counsel was instructed to draft the notice of objection for the Crown in reply to Philip’s application for permission, but permission was granted in February 2015 (UKSC 2014/0207). The Secretary of State intervened in the proceedings. The appeal determined the application of the rule of “lex mitior” in English law and Article 7 ECHR. Philip presented oral submissions to the Supreme Court on an additional ground concerning discriminatory treatment.
R v Jefferson (Appeal Case No. 27 of 2017), Cayman Islands Court of Appeal, 29 August 2018
Appeal against conviction concerning the exclusion of an alleged confession. The Court quashed the conviction. Philip successfully established the exclusion required of unfairly obtained evidence in breach of standards of conduct.
R v Oliver (Appeal Case No. 2 of 2018), Cayman Islands Court of Appeal, 29 August 2018
Unfairness resulting from flawed processes for conducting identification procedures. Philip successfully established the need for review and revision of a code for viewing CCTV evidence by police officers, and the appeal was allowed.
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 and Sons  1 WLR 2078;  EWCA Crim 1840;  Lloyd’s Rep. F.C. 692;  H.L.R. 46;  2 P and 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 prosecutor 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. Instructed by the Crown.
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 and 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.
Listed as a leading junior barrister annually since 2013, with commentary including that:
“He goes the extra mile for his clients”
Legal 500, 2019
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
HSE, CQC, Env. Agency, et al., Regulatory Counsel A-panel
Equalities and Human Rights Commission Panel of Counsel
Called to the Bar of the Cayman Islands (2017)
Selected expert for the Lexis Nexis PSL Q and A panel
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
Executive Committee Member of the Human Rights Lawyers Association
Health and Safety Lawyers’ Association
Association of Regulatory and Disciplinary Lawyers
Resisting Unlawful Arrests, The Journal of Criminal Law (2010) 74 JCL 189–195
Lawful Stopping of Vehicles (2009) 174 CL and JW 121
What it means to be an ambulance (2009) 153 C.L. and J. (Criminal Law and 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 and 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 and JW 406
Licensing Act Offences (2007) Entertainment Law Review Volume 18 Issue 7 (Sweet and 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]