Jeremy Phillips QC


Jeremy Phillips

Associate Member Call (2004 Inner Temple) (QC 2017)
Professional Memberships Planning & Environment Bar Association (PEBA), Health & Safety Lawyers Association (HSLA), UK Environmental Lawyers Association (UKELA), Member of the Association of Regulatory & Disciplinary Lawyers (ARDL) (2011 date), Solicitor to the Supreme Court (Admitted: 1980 – now non-practising), Member of an Expert Legal Panel established by the Law Commission concerning taxi law reform. Mediation Accredited Mediator – Centre for Effective Dispute Resolution (CEDR) (2008 – date)

Expertise


Jeremy’s 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.

  • LB of Newham v Memonalleged fatality & 32 cases of food poisoning at outside professionally catered event. Both defendants convicted following 20-day trial but on the key issue in the case, cleared of responsibility for the fatality that had occurred.
  • Slough BC v Sabar BrosH&S prosecution for s.2 and s.3 HSWA offences and breach of LOLER requirements concerning safety of goods lifts, following serious accident. Minimising penalty through Newton hearing.
  • Cheshire West & Chester Council v Ungerer Ltdrepresenting local authority in 8-day Odour Abatement Notice appeal
  • Waverley BC v Katz Auto Services Ltd – defending heavily contested prosecution for alleged breach of odour abatement notice
  • Westminster City Council v Maiden London Ltddefending heavily contested prosecution for alleged breach of noise abatement notice
  • 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 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 and Swansea Magistrates’ Court and Rees Davies and 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
  • Matthew Castle v North East and North West Hampshire JJs CO/6940/2007 (Admin) – food safety prosecution; judicial review of justices refusal to state a case
  • Health And Safety Executive v KD Childs (1) & Persimmon Homes (Midlands) Limited – representing HSE at inquest into fatality arising from the application of certain building systems on site

As a solicitor Jeremy 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).

He is currently advising an overseas jurisdiction on appellate proceedings and issues of vires as regards decisions made.

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.
  • R (Lalli) –v- Metropolitan Police Commissioner and 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. On 20 January 2016 permission was granted to appeal to the Court of Appeal on the basis that the case raised issues of national importance.
  • Patel (t/a Funky Brownz) v London Borough of BarnetLocal authority revoked premises licence following numerous instances of regulatory breach, including (specifically) food safety legislation. On appeal district judge in magistrates’ court agreed that ‘food safety’ did not specifically engage the Public safety licensing objective, but that nonetheless LA correct to revoke the licence.
  • 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 (Thompson and 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 Adminentitlement 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 and Pub Association and Others) v Canterbury City Council [2005] EWHC 1318 Adminclarified 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.
  • Chief Constable of Cambridgeshire v JD Wetherspoon (2007) Tesco Express (2009) Waitrose (2010) All Saints Ltd (2010) – objecting on behalf of the police to various applications in and around the city centre
  • Marstons Plc (1) and Greene King Pub Company Ltd (2) v Chief Constable of Nottinghamshire – representing appellants in two separate appeals against decisions made on premises licence reviews, following a related fatality in the area (2010)
  • Gambling Commission v Powerhouse Sporting Club – representing Gambling Commission opposing application by former ‘Gutshot’ club to re-open under the Gambling Act 2005 as a club offering poker tournaments (2008)
  • Remenham Farm Residents Association v COPAS Partnership – representing residents following the extended licensing (including festivals) surrounding the Henley Royal Regatta (2006 -2011)

Non-contentious

  • Commercial contracts – advisory work on issues of overage, conditional contracts, auction particulars etc.
  • Insurers (City of London) – comprehensive 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. To see further details of Jeremy’s mediation profile, please click here
  • SENDIST – supporting parents through IPSEA – appeals under the Education Act 1996

Jeremy is 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).

He has been successful in a mediation of long standing major environmental (involving national regulator). Jeremy has also resolved a mediation of long-standing local land ownership and boundary disputes.

Resolution of licensing and environmental disputes concerning a major national sporting event by informal mediation (advocate).

Jeremy 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

Jeremy’s 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.

  • LB of Newham v Memonalleged fatality & 32 cases of food poisoning at outside professionally catered event. Both defendants convicted following 20-day trial but on the key issue in the case, cleared of responsibility for the fatality that had occurred.
  • Slough BC v Sabar BrosH&S prosecution for s.2 and s.3 HSWA offences and breach of LOLER requirements concerning safety of goods lifts, following serious accident. Minimising penalty through Newton hearing.
  • Cheshire West & Chester Council v Ungerer Ltdrepresenting local authority in 8-day Odour Abatement Notice appeal
  • Waverley BC v Katz Auto Services Ltd – defending heavily contested prosecution for alleged breach of odour abatement notice
  • Westminster City Council v Maiden London Ltddefending heavily contested prosecution for alleged breach of noise abatement notice
  • 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 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 and Swansea Magistrates’ Court and Rees Davies and 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
  • Matthew Castle v North East and North West Hampshire JJs CO/6940/2007 (Admin) – food safety prosecution; judicial review of justices refusal to state a case
  • Health And Safety Executive v KD Childs (1) & Persimmon Homes (Midlands) Limited – representing HSE at inquest into fatality arising from the application of certain building systems on site

Jeremy 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

Practice Overview

As a leading solicitor/partner in two international law firms, turned barrister, Jeremy now represents companies, as well as government departments, councils, police forces and residents’ groups across a unique range of associated legal disciplines.

Jeremy’s diverse practice includes:

  • 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).

Solicitors and their lay clients have repeatedly recognised the benefits that such a breadth of experience and practice can bring:

  • “His courteous but knowledgeable manner instils confidence in clients, and he exudes gravitas before tribunals.” Chambers UK (2018)
  • “A very notable practitioner in the field.” Legal 500 (2017)
  • “If I instruct him I know I will get someone who is totally committed and extremely thorough in terms of researching the issues, advising and if necessary appearing on behalf of the client. ‘A good advocate to go to if you have a difficult point.’ ” Chambers UK (2016)
  • “Jeremy is vastly experienced and utterly reliable, and very good value for money.”   Legal 500 (2013)

Pro Bono

Jeremy 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.

He has advised community associations on national issues raised by threatened enforcement action, subsequently discontinued as a consequence.

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.

Publications

He has for many years chaired and spoken at major conferences.

Background

Jeremy qualified as solicitor in London in 1980. Partner Cartwrights (1982). Co-founder Holt Phillips (1984). Equity partner Eversheds (following merger with Holt Phillips) (1994). Partner Osborne Clarke (2001) upon consolidation of Eversheds’ South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Member 2-3 Gray’s Inn Square (2004). Accredited mediator – CEDR (2008). Chambers of Andrew Tait QC, Francis Taylor Building (‘FTB’), Inner Temple (2006 – date).