Jeremy Phillips , KC
As a leading barrister and former solicitor/partner in two international law firms, Jeremy represents companies, as well as government departments, councils, police forces and residents' groups across a unique range of associated legal disciplines.
His strategic and organisational skills in planning / highways, regulation, licensing and mediation derive from working for many years at the highest levels in both professions.
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) on consolidation of Eversheds' South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Chambers of Andrew Tait QC, Francis Taylor Building ('FTB'), Inner Temple (2006 - date). Accredited mediator - CEDR (2008). Bar Council accredited to accept Public (direct) Access work (2010 - date). Member of the Bar Council (2014 - 2015) Ethics Committee (2015 - date). Also member of: Attorney-General's Panel (2006 - 2012); Constitutional and Administrative Law Bar Association (ALBA); Planning & Environment Bar Association (PEBA); Health & Safety Lawyers Association (HSLA); UK Environmental Lawyers Association (UKELA); Association of Regulatory & Disciplinary Lawyers (ARDL). Appointed QC in 2018.
Editor in Chief of 'Paterson's Licensing Acts' (105th Edition - date: Gen Ed since 1997); LexisPSL: Corporate Crime, Environmental Statutory Nuisance and Wildlife Crime (2017); Halsbury's Laws of England (contributor to 4th and 5th Editions) - Volumes 13, 26, 67 & 68; Atkins Court Forms - Precedents of Pleadings and Procedure - Volume 27 (1) and 'Phillips' Licensing Guide' (1st, 2nd and 3rd Editions).
Practice Areas
Panels
- Contributing Author
- Other Publications
Qualified Year
- 2004
Year Taken Silk
- 2018
Experience
- Equity Partner, Osborne Clarke (2001 - 2004)
- Equity Partner, Eversheds (1994 - 2001)
- Founding Partner, Holt Phillips (1984 - 1994)
- Partner, Cartwrights (1980 - 1984)
Membership
- Member of the Bar Council (2014 - 2015)
- Ethics Committee (2015 - date)
- Attorney-General's Panel (2006 - 2012)
- Constitutional and Administrative Law Bar Association (ALBA)
- Planning & Environment Bar Association (PEBA)
- Health & Safety Lawyers Association (HSLA)
- UK Environmental Lawyers Association (UKELA)
- Association of Regulatory & Disciplinary Lawyers (ARDL)
- Expert Legal Panel established by the Law Commission - Taxi Law reform
- Disciplinary Panels: Lawn Tennis Association; Teaching Regulation Agency; Sports Resolutions UK; British Equestrian Foundation (LQC); FA Safeguarding Review Panel - Specialist Panel Member/Chair
Qualification
- (BA (Hons) (1975)
Education
- (University of Southampton): (1972)
8 Contributions by Jeremy Phillips
PRACTICE NOTES
Challenging Statutory Nuisance Abatement Notices: Service, Grounds of Appeal, Evidence, BPM, Magistrates’ Court Powers, Costs and Onward Appeals (England and Wales)
Statutory nuisance leading to abatement notice
A local authority is required to periodically examine its district for statutory nuisances, and when a resident submits a complaint, it must take all reasonably practicable steps to investigate it. A statutory nuisance may arise where any of the following are, or are likely to be, prejudicial to health or a nuisance:
the condition or physical state of premises
smoke, fumes or gas released from premises, a vehicle, machinery or equipment in a street
dust, steam or odours originating from business, industrial or trade premises
refuse, or any accumulation or deposited material
noise arising from any premises, vehicle, machinery or equipment in the street
For further detail on the above, see Practice Note: Statutory nuisance.
A statutory nuisance can also be abated, limited or prevented by a nuisance order made by the magistrates’ court, following proceedings brought by an aggrieved person. This sits outside the scope of this Practice Note; for that, see Practice Note: Statutory nuisance...
Corporate Crime
PRACTICE NOTES
Environmental anti-social behaviour: CPNs, PSPOs (including expedited orders), injunctions, closure powers and possession—framework, procedure, enforcement and appeals (England and Wales)
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).
Community Protection Notices
What is a Community Protection Notice and what is its purpose?
A Community Protection Notice (CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life...
Corporate Crime
PRACTICE NOTES
Licensing Act 2003: Alcohol, Regulated Entertainment and Late Night Refreshment—Licences, TENs, Variations, Transfers, Reviews, Closure Powers, EMROs, Levies and Appeals (England and Wales)
This Practice Note outlines the application, purpose, content and framework of the Licensing Act 2003 (LA 2003) as it applies in England and Wales.
The requirement for authorisation
LA 2003 makes it a criminal offence to carry out, or to attempt to carry out, any licensable activity on or from premises without the requisite authorisation. On summary conviction, the maximum sanction is:
imprisonment for up to six months
an unlimited fine
or both
See Practice Notes: Summary of offences under the Licensing Act 2003 and Children and alcohol offences under the Licensing Act 2003.
Licensing authorities
The duty to grant and review premises licences sits with the relevant licensing authority, being the local authority for the area in question. Each licensing authority must form a licensing committee of not fewer than ten and not more than fifteen members of the authority, with specified functions capable of delegation to sub-committees or to officers...
Local Government
PRACTICE NOTES
Noise Nuisance Offences: Public and Statutory Nuisance, Abatement Notices, Defences, Sentencing and Anti-Social Behaviour Powers (England and Wales)
Noise nuisance
Noise makes up the majority of complaints received by local authorities and the Environment Agency (EA) about environmental pollution. It is any unwelcome sound that happens unexpectedly, or is excessively loud or repetitive. Exposure within certain decibel ranges can be harmful to health, with low frequency noise capable of being as damaging as loud noise. Noise nuisance is typically handled by local authorities as an environmental health matter. The police become involved where the disturbance amounts to a breach of the peace, or is linked to threatening, violent or other anti-social behaviour. Police and local councils frequently work jointly to take action or obtain orders against residents whose anti-social behaviour—causing alarm, harassment and distress—affects others. See Practice Note: Anti-social behaviour—environmental breaches.
Public nuisance
Creating a public nuisance is both a tort and a criminal offence, formerly at common law and now under section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022). It is now more usual for public nuisance to be addressed as a statutory nuisance (see below)...
Corporate Crime
PRACTICE NOTES
Wildlife Offences in England: Birds, Protected Species and Plants; Invasive Species, Licensing, Attempts, Time Limits, Sentencing and Post-Brexit Amendments (WCA 1981, COTES 2018)
Wildlife offences
Criminal offences relating to harm to wildlife are mainly established by the Wildlife and Countryside Act 1981 (WCA 1981), alongside the following legislation:
Food and Environment Protection Act 1985
Wild Mammals (Protection) Act 1996
Deer Act 1991
Pests Act 1954
Poisons Act 1972
There are also EU and domestic laws enacted in line with the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which govern the cross‑border trade of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade.
The National Wildlife Crime Unit is a strategic policing unit operating above individual force activity. Its remit is to:
co‑ordinate enforcement concerning cross‑border and organised crime at national and international levels
collate intelligence and provide analytical assessments
The CPS prosecutes these cases. Summary prosecutions must be commenced within six months of the date the offences came to light and, in any event, no more than two years after they were committed. See Practice Note: Time limits for commencing criminal proceedings...
Corporate Crime
PRECEDENTS
Local Authority Precedent: Abatement Notice for Statutory Nuisance under s.80 Environmental Protection Act 1990: Form, Compliance, Enforcement and Appeals (England and Wales)
To: [ name ] of [ address ]
Please note that:
The [ name ] [ District ] [ Borough ] [ City ] Council (the Council) is satisfied that a statutory nuisance [ exists OR is likely to [ occur OR recur ] ] under section 79(1) [ specify which subsection ] of the Environmental Protection Act 1990 (EPA 1990), originating from [ the premises at ] [ specify the address of the source of the nuisance ] and resulting from [ describe the matters which are causing the nuisance ].
This abatement notice is issued to you as you are [ the person responsible for the statutory nuisance OR [ the owner OR the occupier of ] the premises ].
What you are required to do
[ You are required to abate...
Corporate Crime
PRECEDENTS
Private statutory nuisance: precedent complaint for magistrates’ court under section 82 Environmental Protection Act 1990
Before the [ insert name ] Magistrates' Court on [ insert date ]
Defendant: [ insert name of the individual liable for the statutory nuisance OR, where appropriate, the owner of the premises from which the nuisance originates ]
Address: [ insert address ]
Matter of complaint
That, on [ insert date ], a statutory nuisance, within meaning of Environmental Protection Act 1990, s 79(1) [ specify paragraph ], was present at [ specify the premises and its address ] and still persists now, and that [ name of person responsible for the statutory nuisance ] remains responsible for the statutory nuisance...
Corporate Crime
PRECEDENTS
Template notice of intended statutory nuisance proceedings under section 82(6) of the Environmental Protection Act 1990 (England, Wales and Scotland)
[ insert address of claimant's instructing solicitor ]
[ insert date ]
To: [ insert name of person or local authority responsible; and address ]
[ insert name ],
Existence of a statutory nuisance Notice under section 82(6) of environmental protection act 1990
We act for our client, [ insert name ], and hereby give you notice of [ his OR her OR its ] intention to commence proceedings against [ you OR your authority ] under the provisions of Section 82 of the Environmental Protection Act 1990...
Corporate Crime
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