Practice Profile

Jeremy Phillips, previously senior partner of Holt Phillips, was the leader of national teams in international law firms Eversheds and Osborne Clarke before his transfer to the Bar. For some time he was the only solicitor to achieve Chambers and Partners highest rating in his specialist field.

At Francis Taylor Building he has maintained his leading reputation in alcohol, entertainment, and gaming licensing legislation (Leading Junior), whilst renewing his earlier practices in the fields of planning, environment, regulatory and administrative/public law (Leading Junior).

".. continues to go from "strength to strength" since his transition from solicitor to barrister and brings a "wealth of industry experience" and a "superb legal brain" to the table. He is highly regarded for his opinion on liquor licensing laws and is deemed to be both thorough and "a barrister with the ear of many decision makers."                      
Chambers and Partners [2008]

" .. worked as a solicitor before he came to the Bar: for many this means he "understands a client's needs in a way other barristers can't." A lawyer who offers "marvelous practical input," he is "pleasant, personable and efficient".
Chambers and Partners [2009] 

".. is a ‘calm advocate'  who ‘concentrates on what will win the case‘..
Legal 500 [2009]

EXPERIENCE

1.      Regulatory Law

Working in private practice law firms since 1976, Jeremy has a broad range of experience in a wide range of regulatory matters, including:

• Environmental' - defending a chemical supplier in relation to a prosecution brought by the predecessor to the NRA following a chemical spill into the local watercourse.
• Defending prosecutions under primary and secondary legislation for major food retailers throughout England and Wales in the fields of Food Safety, Trade Descriptions, Weight and Measures, Consumer Credit and Health and Safety. Since arriving at the Bar he has successfully defended a supermarket subsidiary on ‘due diligence' grounds and argued ‘abuse of process' in relation to a separate food safety prosecution against an independent.
• Undertaking prosecutions on behalf of the DSS
• Involved in significant cases brought by the Health & Safety Executive (in both prosecuting & defending capacities)
• Considering Noise Abatement Notices and pursuing Appeals for premises owners
• Appearing at Coroners Inquests, representing the interests of the HSE, families and insurers in a number of high-profile cases concerning RTAs, engineering failures and domestic cases
• Representing road haulage companies in relation to applications for Operators Licenses and prosecutions arising in relation to tachographs and under Constructions and Use Regulations

Jeremy is on the Attorney General's Panel (‘C') of Prosecuting Counsel for the Western Circuit.

2.      Planning Law

As a solicitor Jeremy was involved in a number of diverse Planning Inquiries including residential infilling (Bristol), restaurant and public house development (S Wales), amusement centres (Bristol, Liverpool, Anglesey) and municipal landfill site (Wirral). Ancillary matters included e.g. Control of Advertisement prosecutions.

At Francis Taylor Building Jeremy has become involved in a number of contentious Inquiries around the country relating to the following matters:

• Enforcement Notices - acting on behalf of the LPA resisting an appeal against enforcement action turning upon the issues determined by the House of Lords in Alan Frank Sage v (1) Secretary of State for the Environment, Transport & the Regions (2) Maidstone Borough Council [2003] UKHL 22 and subsequently applied in Brown v Secretary of State and Chelmsford Local Planning Authority [2003] EWHC 2800(Admin).. Representing property owner resisting enforcement action in relation to Listed Buildings, where development fell outside the curtilage per Lowe v. First Secretary of State and Tendring District Council [2003] EWHC 537.
• Developments - a number of ordinary residential houses, blocks of flats, student accommodation & substantial sheltered schemes (representing both developers and local planning authorities) raising issues of scale, mass, design (both general and as a primary issue in a Conservation area), amenity, loss of open space, arboriculture and endangered species. Successfully securing on-site provision of affordable housing in sheltered accommodation.
• Judicial Review - advising and acting on behalf of LPA threatened with judicial review following the designation of a proposed development site as a Conservation Area
• Acted as Junior in the 4 week Inquiry which ultimately led to the approval of the Compulsory Purchase Orders and Side Road Orders necessary for the £84m Weymouth Relief Road
• Contribution - securing contributions from developers at Inquiry on behalf of the relevant education authority.
• Climate change - pre-inquiry advice concerning compliance with latest national and local policy concerning energy efficiency and the provision of sources of renewable energy.
• Control of Advertisement - advising landowner in relation to proceedings taken by the local authority.

Jeremy has also chaired general planning law conferences, as well as speaking on the impact of climate change upon planning legislation and policy.

3.      Commercial Litigation

For the first ten years of practice Jeremy's work was largely in the field of civil litigation, which included:

• Landlord and Tenant Act work on behalf of major corporates, for example Texaco Ltd v. Benton & Bowles (Holdings) Ltd QBD (Falconer J) [1983] EG 355 - interim order for new rent: improvement notice-sufficiency
• Defended personal injury claims on behalf of major insurers, including attendance at Coroner's inquests and drafting claims arising as a consequence of negligence and/or breach of contract. General commercial litigation arising out of contractual disputes and subsequent conduct through to trial

At the Bar his practice has extended to a number of civil actions, including:

• Globe Pub Company Ltd v Salczynski [2006] EWCA Civ 1330 - Lloyd LJ considered the proper interpretation of s. 2(1) Law of Property Act 1989 in relation to the requirement for ‘delivery' of a lease for a term of less than 3 years

and miscellaneous commercial claims relating to breach of contract, nuisance and Rylands & Fletcher escape

Employment work has been principally for employers resisting unfair dismissal claims, for example appeal leading to O'Dea v. Isc Chemicals Ltd CA (Balcombe LJ, Peter Gibson LJ, Hutchison LJ) 28/7/95 - appellant not unfairly selected for redundancy because of his trade union activities

4.      Licensing

From the late 1980s Jeremy has been recognised as one of the leading licensing lawyers in England and Wales, acting for major pub, restaurant, supermarket and off-licence operators

• Cases in which he has had an advisory role on behalf of the industry include: Drury & Anor. V. Scunthorpe Licensing Justices Sub Nom Drury and Samuel Smith Old Brewery (Tadcaster) v. Scunthorpe Licensing Justices (1993) 157 JP 401 - concerning the surrender of licences; and R v. West London Magistrates, ex parte Palmer QBD (Pill J) 16/2/94 - statement by licensing justices unnecessary and invalid
• Gough v. Avon and Somerset Police Licensing Bureau [2002] EWHC 658 Admin - Justices entitled to hold that televised sporting events occurring overseas were capable of being considered a ‘special occasion' within the meaning of the Act (R v Leicester JJs ex p Watchorn (1978) 142 JP Jo 375 and R v Metropolitan Police Commsnr ex p Maynard (27 May 1982, unreported) distinguished.) The decision enabled millions to watch the World Cup 2002 in licensed premises outside standard permitted hours and was subsequently cited numerous times in relation to similar international events.

At the Bar cases have included

• R (on the application of the British Beer and Pub Association and Others) v. Canterbury City Council [2005] EWHC 1318 Admin - the first application to the Administrative Court concerning the Licensing Act 2003, this case clarified the extent of a licensing authority's power in relation to its published Policy
• 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 Borwok Limited (in Administration)) v. London Borough of Newham, 13 December 2005 (unreported) - interim injunction granted restraining local authority and police from closing premises; permission given to proceed with application for judicial review of local authority's contention that premises licence had lapsed following s.26 ‘insolvent event' which preceded second appointed day; licence subsequently transferred

5.      Gaming

Within the Gaming sector Jeremy has represented companies in relation to Casino, Amusement centre, Betting office and Bookmakers permit applications and has appeared before licensing committees and boards in England, Wales and Scotland.  Specific matters include:

• Involvement in one of the first US/UK joint ventures in anticipation of the new Gambling legislation, leading to extensive contacts in this field in the UK and North America.
• Appeared as advocate both for and against contested applications for:
• Casino licences (most recently Bristol, Birmingham, Cardiff and Manchester)
• Members' club, apparently intended primarily for the playing of poker
• Amusement centres (from Bristol, Manchester, Liverpool to the Isle of Anglesey)
• Betting office (Bath, Haywards Heath, Eastbourne etc..) and Bookmakers permit applications generally

and has appeared before licensing committees and boards in England, Wales and Scotland. 

• Advised widely on compliance and online issues.

Most recently, advising regulators upon aspects of their duties under the Gambling Act 2005, including consultation documents, intervention in judicial reviews and enforcement proceedings.

6.      General

Thirty years of legal practice has given Jeremy experience in a wide range of other fields including: major criminal trials; CICB appeals; civil litigation (e.g. personal injury, construction disputes, private nuisance, actions for trespass, injunctive relief etc..); commercial contracts (international boxing promotions, standard terms - Lloyds insurance cover); real estate (conditional contracts, overage provisions in acquisition of large estate etc..); employment tribunals (various); Courts Martial proceedings etc..

In 2003 he was nominated by a trade publication as one of the 50 most influential figures in the Leisure sector. Major schemes in which he has been involved include: The Oracle (Reading), Cribbs Causeway (Bristol), Star City (Birmingham), West Quay (Southampton), City Limits (Romford), Met Bar & Nobu (Park Lane), Albernach (Trafalgar Square), Mermaid Quay (Cardiff), Cabot Circus (Bristol), NEC (Birmingham), The Belfry, (Tamworth), ‘M62' (German nightclub - Ashford) and the CityPoint Health Club (London). During his career Jeremy has represented most major supermarket, public house and off licence operators, as well as many health clubs and leisure parks and as a solicitor was retained by the British Beer & Pub Assocation.

At the Bar his practice has been evenly spread across the diverse interests of leisure operators, local authorities, residents' associations and several Police forces.

Papers Produced

Jeremy has been General Editor of ‘Paterson's Licensing Acts' since 1997 and advises the Department of Culture Media and Sport in that capacity.  He is a Consulting Editor to ‘Licensing Review' the author of/contributor to many other leading publications in this area, including: ‘Halsbury's Laws of England and Wales'(4^th and 5^th Editions), ‘Phillips' Licensing Guide'(1^st, 2^nd and 3^rd Editions), ‘New Law Guide', ‘The Lawyer's Remembrancer', and ‘Gambling for Local Authorities' (Institute of Licensing).  He has for many years chaired and spoken at major conferences

Qualifications and Appointments

• Barrister: Date of Call - 2004 (Inner Temple)
• Member of: Western Circuit; Constitutional and Administrative Law Bar Association (ALBA) Planning & Environment Bar Association (PEBA) & Compulsory Purchase Association.(CPA)
• Accredited Mediator - Centre for Effective Dispute Resolution (CEDR)
• Solicitor to the Supreme Court (Admitted: 1980 - now non-practising)
• B.A. Eng Lit (Hons) - University of Southampton

Personal

Lives on a smallholding in the Cotswolds with his wife, Mary, and their five children. Interests include motorcycle-racing, playing squash, (watching) rugby and reading history.