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    "His intimate knowledge of the minutiae of licensing law is remarkable." "His courteous but knowledgeable manner instils confidence in clients, and he exudes gravitas before tribunals." "He's a great man to have on your side when the questions are awkward."

    Chambers and Partners, Jeremy Phillips QC

Jeremy Phillips QC

Jeremy Phillips QC

Year of call: 2004 (QC 2018)

Practice areas: Planning, Environment, Licensing, Major Infrastructure Projects, Local Government, Rating, Public Law, ADR, European Law

Public Access

Jeremy Phillips QC

Practice Profile

Jeremy Phillips QC offers the highest levels of expertise and advocacy as a barrister following, uniquely, an equally successful career as a solicitor, both in his own practice and subsequently handling teams in leading international law firms.

  • Licensing & Disciplinary - from local authority to Court of Appeal, advising upon and determining novel issues arising in numerous important licensing applications relating to taxi, gambling, alcohol and entertainment legislation in the UK and overseas. As Editor in Chief of Paterson's Licensing Acts and a General Editor of Smith & Monkcom - The Law of Gambling he has been recognised for the past three decades as leader in this field.
  • Regulatory & Environmental - representing the Environment Agency, HSE, Marine Management Organisation and local authorities in inquests and prosecutions concerning a range of waste, food, health & safety and breach of licensing offences, as well as companies in relation to due diligence and criminal confiscation issues. Also statutory nuisance abatement appeals and prosecutions. The Law of Regulatory Enforcement Sanctions - A Practical Guide - OUP (2011).
  • Advisory & judicial review - numerous High Court challenges on a wide range of public law issues raning from: Standards of Conduct  to Assets of Community Value; from the repayment of s.106 monies, to the sufficiency of Reasons. Contributions also 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, its Ethics committee and the Licensed Trade Charity (trustee).
  • Public inquiries - supporting the successful Weymouth Relief Road and South Devon Link Road, objection to the £4.1bn Thames Tideway Tunnel infrastructure project, promoting rail crossing extinguishment orders (Network Rail) and representation of the Ramblers' Association in relation to the Bristol Bus Rapid Transit Scheme. Various footpath, TVG and planning Inquiries.
  • Complex mediations - including the multi-party multi-issue mediation which he devised arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies and Lessees - Seventh Report of Session 2008-09. Resolution (both as mediator and mediation advocate) of major environmental litigation, as well as smaller property disputes.

 

 

  • "He is formidable in terms of his advocacy and puts the opposition on the back foot quite quickly."
    Chambers and Partners [2019]

  • "He does not approach matters from an ivory tower, but quckly gets in the trenches, helps out and is constructive."
    Chambers and Partners [2019]

  • 'Recommended for major infrastructure inquiries.'
    Legal 500 [2018 Silks]

  • "An extemely experienced counsel who brings a very commercial perspective and is very approachable."
    Chambers and Partners [2017]

  • "He's thorough, has excellent attention to detail and is very persuasive."
    Chambers and Partners [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."
    Chambers and Partners [2016]

  • "...a good advocate to go to if you have a difficult point."
    Chambers and Partners [2016]

  • "Stands out."
    Legal 500 [2016]

  • "Extremely able and very approachable. He manages to turn work around so quickly."
    Chambers and Partners [2015]

  • "A very good advocate whose courteous and knowedgeable manner instils confidence in clients."
    Chambers and Partners [2015]

  • "He has gravitas before Tribunals."
    Chambers and Partners [2015]

  • "Can always be relied upon to provide swift, effective assistance whenever needed."
    Legal 500 [2015]

  • "Excellent attention to detail and very persuasive when presenting a case."
    Leal 500 [2014]

  • "the 'vastly experienced' Jeremy Phillips, who is 'utterly reliable, and very good value for money'"
    The Legal 500 [2013]

  • "He is terrifyingly good - if you're against him he looks at you and you think 'arrrgggh'"
    Chambers and Partners [2013]

Publications & Articles

Publications

Articles include:

Jeremy has also for many years chaired and spoken at major conferences.

 

Qualifications & Awards

  • Solicitor (1980)
  • Partner, Cartwrights (1982)
  • Co-founder, Holt Phillips (1984)
  • Equity partner Eversheds (1994)
  • Equity Partner Osborne Clarke (2001)
  • Called to the Bar /Inner Temple (2004)
  • Accredited mediator – CEDR (2008)
  • Elected Bar Council (2015) and Ethics Committee (2016 to date)
  • Appointed Queen’s Counsel (2018)

Interests

* Medieval and local history. Long-distance overland travel. Motorbike racing. Squash. Family.

* not necessarily in order..

Notable Cases

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 represented the Bristol Ramblers Group, at an Inquiry concerning Bus Rapid Transit (BRT) system.

Jeremy also gained unique experience at the Infrastructure Planning Commission, working in-house on the development of the new regime and policies.

Environment & Regulatory Crime

Jeremy Phillips' 30 year experience in the regulatory field ranges from defending leading supermarket retailers in smaller scale prosecutions for breach of regulatory 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 Memon - alleged fatality & 32 cases of food poisoning at outside professionally catered event. Both defendants convicted following 20-day trial but cleared of responsibility for the fatality that had occurred.
  • MMO v Boyce  - prosecuting for breach of licensing requirement for works in the marine environment.
  • 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, following serious accident.
  • Cheshire West & Chester Council v Ungerer Ltd -  representing local authority in 8-day Odour Abatement Notice appeal
  • Westminster City Council v Maiden London Ltd - defending heavily contested prosecution for alleged breach of Noise Abatement Notice
  • EA v Stroud - representing defendant in relation to confiscation proceedings arising from a larger complex environmental prosecution.
  • R (on prosecution by LB of Tower Hamlets) v Fitness & Leisure club - representing national operator in noxious fumes case.
  • Hart DC v Medvit Ltd - defence of hotel/conference centre for breach of food hygiene regulations.
  • R (on prosecution by the Environment Agency) v Paul Crabb - representing EA on range of waste offences
  • Environment Agency v Two Sisters Food Group Ltd - defending 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
  • Health And Safety Executive v KD Childs (1) & Persimmon Homes (Midlands) Limited - representing HSE re fatality arising from the application of certain building systems on site

Licensing

As a solicitor Jeremy Phillips was recognised for many years as one of the leading practitioners in England and Wales. 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. He is currently advising an overseas jurisdiction on appellate proceedings and issues of vires.

Jeremy is Editor in Chief of Paterson's Licensing Acts, the only work of reference in this field. He is also a General Editor of Smith & Monkcom – the Law of Gambling.

Notable cases

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

Mediation Experience / Qualifications

  • 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)
  • Successful mediation of long standing major environmental (involving national regulator).
  • Resolving as mediator long-standing local land ownership and boundary disputes
  • Resolution of licensing and environmental disputes concerning a major national sporting event by informal mediation (advocate)
  • CEDR (Centre for Effective Dispute Resolution) - Accredited Mediator (October 2007)
  • SCMA (Standing Conference of Mediation Advocates) - Member

Pro Bono

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.

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.