As a leading solicitor / partner in two international law firms, turned barrister, Jeremy Phillips QC now represents companies, government departments, councils, police forces and residents’ groups across a unique range of associated legal disciplines.
- Public inquiries – supporting the Weymouth Relief Road and South Devon Link Road, objection to the £4.1bn Thames Tideway Tunnel project, rail crossing extinguishment orders (Network Rail) and representation (pro bono) of the Ramblers’ Association in relation to the Bus Rapid Transit Scheme.
- Regulatory prosecutions – for the Environment Agency, Marine Management Organisation and local authorities concerning a range of waste, food and breach of licensing offences, as well as representing individual companies in relation to due diligence and confiscation issues.
- Licensing applications – from local authority to Court of Appeal, determining novel issues arising in the alcohol, entertainment and gambling legislation.
- Complex mediations – including the multi-party multi-issue mediation arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies And Lessees – Seventh Report of Session 2008-09; and
- Advisory – contributions to the work of the Law Commission, Department of Culture Media and Sport, Cabinet Office and former Department for Business, Enterprise & Regulatory Reform, as well as the Bar Council (elected member) and the Licensed Trade Charity (trustee).
Jeremy Phillips is also a member of the Review Panel for LawWorks, a charity which aims to provide free legal help to individuals and community groups who cannot afford to pay for it and who are unable to access legal aid, and for whom he reviews applications for assistance and in a limited number of approved cases, conducts mediations.
Jeremy is also a trained volunteer for the work of IPSEA, a national charity providing free legally based advice to families who have children with special educational needs. In appropriate cases he will represent parents and their children before the SENDIST (Special Educational Needs and Disability Tribunal).
He is now a trustee of the Licensed Trade Charity, which has supported licensees since 1756.
Planning, Infrastructure, Rights of Way & Town and Village Greens
Jeremy Phillips has a broad range of experience in the specialist field of planning work, ranging from major infrastructure inquiries (for an interested party at the hearing stage in the £4bn Thames Tideway Tunnel project to assisting in the promotion of the Weymouth and Newton Abbot bypass schemes), advising on draft Core Strategy, High Court challenges on technical issues (Beazer Homes re monies held under a s.106 and Metro Construction re designation of conservation areas) to smaller inquiries on enforcement issues and housing and retail development schemes. Jeremy recently represented the Bristol Ramblers Group, at an Inquiry concerning Bus Rapid Transit (BRT) system.
Jeremy has also gained unique experience at the Infrastructure Planning Commission, working in-house on the development of the new regime.
Notable Cases
- Mexico Crossing
Securing rail extinguishment order for Network Rail, addressing the range of important technical, social and legal issues arising.
- Thames Tideway Tunnel Project
Representing an interested party in relation to the impact of the project, raising novel issues under the Planning Act 2008 and securing necessary ‘requirements’ in approved DCO.
- Reliant Building Contractors Ltd v Nuneaton & Bedworth Borough Council
[APP/W3710/A/12/2176750] – Proposed developments of erection of 84 houses. Successful appeal under section 78 against refusal to grant outline planning permission.
- RB of Tunbridge Wells v Arriva Plc (on behalf of Tesco Stores)
[APP/M2270/A/10 /2138774] – Resisting appeal against refusal of permission for development of new retail store in District Centre.
- Greensquare Residents Association) v Higgins Homes PLC & Ors
[LLC/MM/004/2008] – TVG Inquiry on behalf of residents association.
- Hampshire CC v Beazer Homes Ltd [2010] EWHC 3095 (QB)
Declaratory proceedings jointly with Leading Counsel as to the obligations of LPAs in relation to monies held under a s.106 agreement (2010).
- R (on the application of Metro Construction Ltd) v Barnet London Borough Council
Jointly with Leading Counsel concerning the lawfulness of the designation of sites as Conservation Areas (2009).
- Weymouth Relief Road
Public inquiry jointly with Leading Counsel into major infrastructure proposal (2008) – resulting in the confirmation of the CPOs needed to enable the construction of the road required for the 2012 Olympics to proceed. Similarly involved in 4 week public inquiry into the South Devon Link Road (2009).
- McCarthy & Stone (Developments) Ltd v Hertsmere Borough Council
[APP/N1920/A/07/2018226] – Resisting appeal against refusal to grant planning permission and proposal to meet affordable housing requirement with off-site provision.
Environment & Regulatory Crime
Jeremy Phillips’ experience in the regulatory field over a period of 30 years ranges from defending leading supermarket retailers in smaller scale prosecutions for breach of trading standards and food safety legislation, to involvement in major environmental and health and safety criminal cases, both as prosecution and defence counsel.
He is also co-author of the new leading work: The Law of Regulatory Enforcement and Sanctions – A Practical Guide, which examines the potential impact of the Regulatory Enforcement & Sanctions Act 2008.
Notable Cases
- Slough BC v Sabar Bros
H&S prosecution for s.2 and s.3 HSWA offences and breach of LOLER requirements concerning safety of goods lifts. Minimising penalty through Newton hearing.
- Warwick District Council v Raschien
Challenging Noise Abatement Notice. Local authority sought unsuccessfully to appeal outcome to High Court by way of Case Stated.
- Stevenage BC v Precup
Successfully prosecuted a range of food labelling offences.
- EA v Stroud
Representing defendant in the Crown Court in relation to confiscation proceedings arising from a larger complex prosecution operation.
- R (on prosecution by LB of Tower Hamlets) v Fitness & Leisure club
Representing national operator in noxious fumes case through to a highly successful outcome.
- Hart DC v Medvit Ltd
Defence of hotel/conference centre for breach of food hygiene regulations.
- The Queen on the application of Clive Rees Associates, Solicitors & Swansea Magistrates' Court & Rees Davies & Partners, Solicitors [2011] EWHC 3155 (Admin)
Drafting/advising upon successful application to the Divisional Court challenging unlawful transfer of legal aid in criminal proceedings.
- R (on prosecution by the Environment Agency) v Paul Crabb
Representing EA in Crown Court trial for range of waste offences.
- Environment Agency v Two Sisters Food Group Ltd
Appearing on behalf of defendant in relation to allegations of multiple breaches of Environmental Permitting (England & Wales) Regs 2007.
- HSE v Citytex
HSE prosecution and Newton hearing into causes of substantial building collapse; having regard to civil issues.
Licensing
As a solicitor Jeremy Phillips was recognised for many years as one of the leading practitioners in England and Wales, conceiving and launching the successful High Court decision which enabled pubs and bars throughout the country to open all day for the 2002 World Cup. He has been involved since in many of the leading decisions in this field, before licensing committees, magistrates and in the High Court, enjoying representing operators, residents, police and licensing authorities (e.g. Gurgur v London Borough of Enfield [2013] EWHC 3483 (Admin); R (Lalli) v Metropolitan Police Commissioner and Newham Borough Council [2015] EWHC 14 (Admin), R (Thompson and Spearmint Rhino Ventures (UK) Limited) v Oxford City Council [2014] EWCA Civ 94 and Chohan v Gambling Commission [2012] UKFTT (Gen).
Jeremy is Editor in Chief of Paterson’s Licensing Acts, the only work of reference in this field. He is frequently called upon to speak in public on licensing issue; recent appearances include a House of Commons committee and ‘You & Yours’ with Peter White MBE on BBC Radio 4.
Notable Cases
- Isle of Man Enterprises Plc v All Island Licensing Court (1) & Tesco Stores Ltd (2)
Advised local retailer on legal issues arising under Manx law concerning challenge in the Licensing Court of Appeal on issues of vires and potential bias. Drafting necessary Petition of Doleance and Case Stated. Application to Adjourn granted as sought.
- Gurgur v London Borough of Enfield [2013] EWHC 3483 (Admin)
Determined which policies and versions of S of S Guidance should apply to licensing appeals.
- R (Lalli) v Metropolitan Police Commissioner & Newham Borough Council [2015] EWHC 14 (Admin)
Whether premises could be said to have become associated with serious crime on the basis of a single incident involving some violence.
- R (Thompson & Spearmint Rhino Ventures (UK) Limited) v Oxford City Council [2014] EWCA Civ 94
Extent to which licensing authority able to refuse renewal without distinguishing from previous grant.
- Chohan v Gambling Commission [2012] UKFTT (Gen)
Duties of a holder of a personal management licence. First ever appeal determined by First Tier Tribunal (Gen – Gambling).
- Little France Ltd v Ealing London Borough Council (2013) QBD (Admin)
Where a licensing authority had imposed restrictions on a premises licence for a nightclub without giving reasons and the magistrates’ court had dismissed an appeal against that decision, an appeal by way of case stated was allowed and the matter was remitted to the licensing authority to give a reasoned decision. Costs awarded.
- Crawley BC v Attenborough [2006] EWHC 1278 Admin
Entitlement of Justices to order licensing authority to pay costs on appeal – requirement for conditions imposed to be intelligible to parties and those not involved in the proceedings.
- R (on the application of the British Beer & Pub Association & Others) v Canterbury City Council [2005] EWHC 1318 Admin
Clarified the extent of a licensing authority’s power in relation to its published policy.
- Hashtroudi v Bournemouth Borough Council (2012)
Despite objections from Dorset police, councillors and residents, Bournemouth magistrates overturned a decision of the licensing authority and granted a licence to a 480 person capacity bar and nightclub in the town’s cumulative impact zone.
- Combine Leisure Limited v Chief Constable of Avon & Somerset Constabulary (2011)
successfully resisting an appeal against revocation. Also pursuing application for summary review, overturning High Court stay on suspension of licence and securing an costs order against director in his personal capacity.
Non-contentious
Notable Cases
- Commercial contracts
Advisory work on issues of overage, conditional contracts, auction particulars etc.
- Insurers (City of London)
Ccomprehensive revision of specialist ‘loss of licence’ policy.
- SIA
Advising international exhibition venue on various technical issues arising under Private Security Industry Act 2001.
- Gambling Commission
Advisory work on various elements of published policy.
- Mediation
Various, including multi-party multi-issue mediation arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies And Lessees – Seventh Report of Session 2008-09.
- SENDIST
Supporting parents through IPSEA – appeals under the Education Act 1996.
Mediation
- CEDR (Centre for Effective Dispute Resolution) – Accredited Mediator (October 2007)
- SCMA (Standing Conference of Mediation Advocates) – Member
- Co-Mediator with Michel Kallipetis QC in unprecedented mediation concerning contractual, commercial and property issues affecting the licensed trade (see Seventh Report (2009) Business & Enterprise Select Committee)
- Resolution of licensing and environmental disputes concerning a major national sporting event by informal mediation (advocate)
- Successful mediation of long standing major environmental (involving national regulator) and separate local land ownership and boundary disputes
- “Finding Common Ground” (‘Planning’ magazine March 2008 – with John Parmiter)
Directory Recommendations
"A very good advocate whose courteous and knowledgeable manner instils confidence in clients. He has gravitas before tribunals."
Chambers & Partners (2015)
"He's noted for his straightforward and extremely persuasive representation of both commercial and public body clients before all types of tribunal. "A calm, organised and measured advocate who has the benefit of many years' practical experience." "He's a polished and very persuasive opponent."
Chambers & Partners (2014)
"The 'vastly experienced' Jeremy Phillips, who is 'utterly reliable, and very good value for money'."
Legal 500 (2013)
Appointments & Memberships
- Bar Council Ethics Committee (2015-date)
- Bar Council (2014-date)
- Accredited Mediator (CEDR) (2008-date)
- Attorney-General's Panel (2006-2012)
- Solicitor to the Supreme Court (1980-2004)
- Association of Regulatory & Disciplinary Lawyers (ARDL)
- Constitutional & Administrative Law Bar Association (ALBA)
- Health & Safety Lawyers Association (HSLA)
- Planning & Environment Bar Association (PEBA)
- UK Environmental Lawyers Association (UKELA)
- Western Circuit
Publications & Speaking
- Editor in Chief of ‘Paterson’s Licensing Acts’ since 1997 and advises the Department of Culture Media and Sport in that capacity
- Consulting Editor to ‘Licensing Review’
- ‘Halsbury’s Laws of England and Wales'(contributor to 4th and 5th Editions)
- ‘Phillips’ Licensing Guide’ (1st, 2nd and 3rd Editions)
- ‘New Law Guide’, ‘The Lawyer’s Remembrancer’
- Gambling for Local Authorities
- The Law of Regulatory Enforcement and Sanctions – A Practical Guide (Co-author) was published by the Oxford University Press in 2011
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