Michael Phillips

Appellate and Reported Cases

R v MT – Court of Appeal (Criminal Division) 2015

A successful appeal to the Court of Appeal reducing the client’s prison sentence from 2 years and 3 months to 12 months; the client having pleading guilty to one offence of incitement of a minor (he sent text messages to his step daughter). [James Scobie QC instructed].

R v PB [unreported] 26 April 2013.

Successful appeal against conviction from Bristol Crown Court for offences of sexual assault. The judge failed to allow the admission of evidence relevant to an alleged confession by the defendant’s wife. [James Scobie QC instructed].

R. (on the application of Monckton) v Carlisle Crown Court [2015] EWHC 304 (Admin);

Judicial Review of a Crown Court’s wrong application of the test for costs, following a successful appeal.

R. (on the application of Gibson) v Environment Agency [2009] EWHC 886 (Admin).

Judicial Review of magistrates’ decision to award £4,000 costs against G.

R. (on the application of Ahmed) v Parole Board for England and Wales [2008] EWHC 3111 (Admin).

Successful Judicial Review of Parole Board decision concerning the failure to admit evidence probative to the board’s considerations. The was matter remitted for a fresh hearing before a different board. [Paul Diamond of Counsel instructed].

R (on the application of Green) v City of Westminster Magistrates’ Court [2007] EWHC 2785 (Admin).

Judicial Review of District Judge’s decision not to refuse to issue summons against Director General of the BBC concerning the BBC decision to broadcast Jerry Springer the Opera. [Michael Gledhill QC and Mark Mullins instrcuted]

Defazio v DPP [2007] EWHC 3530 (Admin).

Appeal allowed against decision of Magistrates Court as there was insufficient evidence to entitle the magistrates to draw an inference that D was acting dishonestly and that he was guilty of receiving stolen goods. The conviction was therefore unsafe.

Civil Litigation (including actions against the police)

Hatun Tash v The Met Police – 2023

Client awarded £10,000 in an out of court settlement for false imprisonment.

Overd et al v Chief Constable of Avon and Somerset Police – 2021

Acted for four claimants in their civil action against the police. Currently on appeal to the Court of Appeal.

D v Metropolitan Police – 2021

Acted for charity in their criminal and injunction proceedings concerning alleged terrorist property. All charges dropped and all monies returned to the charity.

Pastor Olu v The Met Police – 2019

Client was awarded £2,500 for false arrest and false imprisonment.

A v A – Reading County Court 2015

The client was sued for damages for a horse that died whilst in her care. Out of court settlement reached between the parties.

A v B – Exeter County Court 2015

The client was sued for non-payment of an invoice, and he counter claimed for defective building works. Strong expert evidence was gathered in the client’s favour and an out of court settlement was reached between the parties.

Criminal Cases

R v LR – Guildford Crown Court – 2023

Client accused of sexually assaulting girlfriend’s daughter. Client acquitted of all charges.

R v JM – Cirencester Crown Court – 2023

Client accused of assault against two men, one of whom was kicked in the face. Acquitted of all charges.

R v Dave McConnell – Leeds Crown Court – 2023

Client acquitted of all charges. He faced an allegation under section 4A of the Public Order act for allegedly ‘misgendering’ a member of the public.

R v Andy Sathiyanvan – Isleworth Crown Court – 2022

Client was a street preacher accused of breaching of covid regulations. Acquitted of all charges.

R v John Dunn – Swindon Magistrates Court – 2022

Client allegedly offended a member of the public when preaching, acquitted of all public order offences.

R v RF – Sheffield Crown Court 2021

Suspended sentence for offence of possession of indecent images.

R v AC – Gloucester Crown Court 2021

Suspended sentence for offence of possession of indecent images.

R v DE – Newcastle Crown Court 2021

Suspended sentence for three offences of outraging public decency.

R v LR – Oxford Crown Court 2021

Allegation of historic sexual offences. Client received a concurrent sentence.

R v DP – Reading Crown Court Dec 2020

Suspended sentence for offence of possession of indecent images.

R v WM – Inner London Crown Court – 2019

Allegation of stranger rape by a trainee solicitor. Client pleaded guilty.

R v JP – Woolwich Crown Court 2019

Client in possession of a very large number of indecent images. Client received a suspended sentence.

R v MP – Southampton Crown Court 2019

Former criminal defence solicitor, who faced a number of historic sexual offences. The client pleaded guilty to all matters, however the Crown laid additional charges at the Crown Court. An application to dismiss was lodged. Following the hearing, the Crown discontinued the additional charges.

R v PS – Snaresbrook Crown Court 2018

High profile historic sexual offence, against the wife of the Dean of St Paul’s Cathedral. Client acquitted of all charges after trial (counsel Ed Vickers QC instructed).

R v MC – Kingston Crown Court 2018

Four week trial, serious allegation of historic sexual offending of a mother against her son. Client was acquitted of some of the charges.

R v AS – Reading Crown Court 2018

Allegation of murder. Client acquitted of murder, convicted of manslaughter (leading counsel Ed Vickers QC instructed)

R v PS – Oxford Crown Court 2017

Allegation of distribution of indecent images. Following service of a helpful defence report, charge was reduced to simple possession. Client received a non-custodial sentence.

R v TA – Lewes Crown Court 2017

Allegation of attempted rape. Client acquitted of all charges after trial.

R v RG – Maidstone Crown Court 2017

Historic allegation of rape. Client was acquitted of all charges after trial.

R v JF – Swindon Crown Court 2017

Represented client accused of rape.

R v AE – Snaresbrook Crown Court 2016

Client faced an offence of failing to comply with planning notice from the Council, concerning an illegal church. Client acquitted after trial of all charges.

R v KM – Turro Crown Court 2016

Allegation of rape discontinued on the day of trial following service of a number of defence exhibits and new medical evidence on the Crown.

R v N – Chester Crown Court 2015

Breach of sexual harm prevention order. After representations made to the Crown, case was discontinued.

R v JT – Ipswich Crown Court 2015

Allegation of arson being reckless as to whether life is endangered. Helpful defence report served on the Crown and this allegation was discontinued.

R v BH – Old Bailey 2015

The client faced serious allegations contrary to the Terrorism Act and Explosives Act. Following evidence obtained by the defence, and strong representations to the Crown, the Crown (following consultation with the Secretary of State) discontinue the terrorism offences, which ultimately resulted in the client receiving a suspended sentence (Counsel Kieran Vaughan QC instructed).

R v P – Birmingham Magistrates Court 2015

Client was a Medical Doctor who pleaded guilty to possession and distribution of indecent images. He received a community order.

R v JB – Crawley Youth Court 2015

The client (14) faced an allegation of sexual assault against a 3 year old. Following cross-examination of the complainant, the client was acquitted.

R v MA – Reading Crown Court 2015

The client faced multiple allegations of historic sexual assault and attempted rape against his daughters. Judge stayed the trial and the client acquitted of all allegations.

R v P and P – Reading Crown Court 2014

The clients faced allegations of possession of indecent images of children and images of an extreme nature. Following committal to the Crown Court, the CPS dropped all the charges against both clients.

R v EH – Reading Crown Court 2014

The client pleaded guilty to a number of allegations of voyeurism and observation of a person doing a private act. He had in his possession over 30,000 images. He received a suspended sentence and surprisingly he did not receive a Sexual Offences Prevention Order (SOPO).

R v WL – Southwick Crown Court 2014

Represented the defendant who faced two multi-handed trials. The first set of allegations arose out of the defendant’s obtaining and attempting to obtain a number of mortgages fraudulently (total value £1.5 m). The second allegation arose from a fraudulent property transaction. The client received a very lenient sentence for the first allegation and the sentence received for the second allegation resulted in a concurrent (no extra time) sentence.

R v MB – Reading Crown Court 2013

The client faced a charge of supply of class A drugs. Very surprisingly he received a suspended prison sentence.

R v MH – Ipswich Crown Court 2013

The client was accused of assisting with the production of cannabis. Following the submission of expert evidence in support of the client’s case, the CPS reduced the charges. The client received a suspended sentence and the Crown agreed not pursue Proceeds of Crime Proceedings.

R v AU – Bristol Crown Court 2013

The client was accused of sexual assault on a 16-year old, who had been previously unknown to him. He was acquitted of all charges after trial.

R v B – Reading Crown Court 2013

Despite being in possession of nearly 3,000 indecent images (including level A and B images), the client received a suspended sentence and did not receive a SOPO.

R v NR – Aylesbury Crown Court 2013

The client faced an allegation of voyeurism, and gross indecency made by a number of complainants. Following extensive trial preparation, the client was acquitted of all charges (leading Counsel James Scobie QC instructed).

R v ZJ – Lewis Crown Court 2012

The client was accused of hacking into her employer’s computer system and deleting a large number of sensitive emails. She received a suspended prison sentence.

R v AW – Bristol Crown Court 2012

The client faced allegations of child cruelty and assault arising out of her use of corporal punishment of her children. The CPS discontinued the case.

R v MT – Bradford Crown Court 2012

The client faced allegations of historic sexual assault. The CPS discontinued the case against the client.

R v Sister Ruth Augustus – Harrow Crown Court 2012

The client faced offences under the Terrorism Act having sent white powder to a number of politicians including Nick Clegg (the then Deputy Prime Minister). The client received a suspended sentence. (Leading Counsel James Scobie QC instructed).

R v S – Reading Crown Court 2012

The defendant and his family faced allegations of false imprisonment and assault. The client received a community order (the other defendants went to prison).

R v AR – Reading Crown Court 2012

The defendant faced allegations of benefit and insurance fraud arising from a failure to disclose a change in circumstances, having obtained in excess of £70,000 from an insurance company. The client received a suspended sentence following the mitigation that was advanced.

R v Andy Stephenson – Brighton Magistrates Court 2012

The client faced allegations arising out of his group’s display of abortion images outside an abortion clinic. Following legal submissions and a 4-day trial, the client was acquitted of all charges.

R v MA – Reading Crown Court 2011

The client pleaded guilty to an offence of assault occasioning Grievous Bodily Harm arising from events in a nightclub. He received a suspended sentence.

R v GW – Reading Crown Court 2011

The defendant was acquitted of all charges of benefit fraud following a week-long trial. The client did not declare her change in circumstances to the DWP.

R v DB – Oxford Crown Court 2011

The defendant was an RAF sergeant faced historic allegations that concerned giving a 13-year-old girl alcopops and sexually assaulting her at an Oxfordshire airbase. The defendant was given a 12-month jail term, suspended for two years.

R v SG – Reading Crown Court 2009

Despite stealing nearly £600,000 from her former employers (Pepsi), the client received a lenient sentence of 3 years 9 months.

R v Chris Constantine – St Albans Crown Court 2008

A former market stallholder who made thousands of pounds selling illegal copies of films was given a suspended prison sentence.

R v A – Reading Crown Court 2008

The client faced an allegation of benefit fraud amounting to tens of thousands of pounds. She had attended the police station interview by herself and made a number of admissions in interview, however she was adamant that she was not guilty of the offence. Matter proceeded to trial at the Crown Court, the first jury were unable to reach a verdict despite her admissions interview. Eventually the prosecutor discontinued proceedings.

R v KB – Reading Crown 2007

Allegation of s18 GBH. Client was acquitted of s 18 GBH offence.

Driving cases

R v KD – High Wycombe Magistrates Court – 2023

Client faced an allegation of driving with excess alcohol. He claimed that all alcohol was consumed post driving. We obtained witness statements from an expert and solicitor present at the police station. He was acquitted of all charges.

R v TK – Basingstoke Magistrates Court – 2023

Client faced allegation of drug (cannabis) driving. Client pleaded not guilty and applied for disclosure of the drug testing procedure. The CPS eventually disclosed material which undermined the Crown’s case, such that the case was discontinued against the client, who was acquitted of all charges.

R v SE – Reading Magistrates Court 2015

The client pleaded guilty to drink driving and had a very high reading (125 micro-grams) and after mitigation received a non-custodial sentence.

R v MH – Ipswich Magistrates Court 2015

The client pleaded guilty to one offence of driving without insurance but pleaded special reasons, that being that his wife was charged with obtaining insurance but did not. She then inadvertently misled him into believing that he had insurance. The court accepted the evidence and he did not receive any penalty points for the offence.

R v MA – Reading Crown Court 2015

The client pleaded guilty to drink drive and pleaded special reasons. She won her appeal at the crown court, the court having accepted that there was a genuine emergency and therefore she was not disqualified from driving.

R v Lee Tyler – Guildford Crown Court 2014

The client was a self-employed property developer/builder who won his appeal at the Crown Court, the court finding that should he be banned from driving he would suffer exceptional hardship. The court also agreed that some of his legal fees should be met from public funds.

R v Joanna Monckton – Carlisle Crown Court 2013

The client had represented herself before the magistrates court and had been convicted of an allegation of provide information of a driver contrary to section 172 of the 1988 Road Traffic Act. She won her appeal.

R v RO – Reading Crown Court 2013

The client had driven at a number of police officers whilst over the drink drive limit. He therefore fell to be sentenced for allegations of dangerous driving and criminal damage. Medical reports dealing with his mental health difficulties were obtained and served on the CPS and the Court. He was given a suspended sentence.

DVLA licence appeals

WR v DVLA – Swindon Magistrates Court – 2023

Client’s licence was revoked for alcohol misuse. We lodged an appeal and made further representations. Initially the DVLA refused to return licence as the client would not agree to abstinence, we served a further medical report to confirm that the client was not alcohol dependent and his licence was returned very shortly after service of the report.

GM v DVLA – Basingstoke Magistrates Court – 2023

Client’s licence was revoked due to alleged dementia. We wrote to the DVLA to request a further on road assessment, this was granted, the client did well and had his licence returned 4 months following the commencement of the appeal.

BH v DVLA – Basingstoke Magistrates Court – 2023

Client’s licence was revoked due to problems with his sleep apnoea. We lodged an appeal and wrote to the DVLA. His licence was restored within a month of instruction.

R. (on the application of Georgina Hitchen) v Oxford Magistrates Court [2015] EWHC 271 (Admin)

Successful challenge to the decision of the DVLA to revoke the claimant’s licence. Although the Magistrates Court upheld the DVLA’s decision, the High Court overturned the decision, and she had her licence returned to her. The client had her licence revoked on the basis that she was a danger either because of her COPD (a respiratory condition) or because of cognitive decline. Strong evidence was gathered to refute the DVLA’s case and eventually won the case in the High Court. The matter reported on in the Daily Telegraph and The Times. [Hugh Tomlinson QC instructed].

SR – 2015
The client had his licence revoked on the basis that the DVLA had destroyed the papers to confirm his entitlement to drive from Canada, as had the Canadian authorities. Following our assistance, his licence was restored.

JL v DVLA – Highbury Corner Magistrates Court 2015

The client suffered from uveitis and had his Group 2 licence revoked. Having commenced court proceedings and following submission of an expert report from an ophthalmologist, his licence was returned to him.

SB v DVLA – Wolverhampton Magistrates Court 2015

Following a serious accident involving the client’s lorry because of a hypoglycaemic episode, the client had both licences revoked. Having obtained strong evidence from our endocrinologist, the DVLA agreed to the return of his group one licence. This report also assisted in the subsequent prosecution by the CPS for dangerous driving. The CPS agreed to reduce the charge to driving without due care and attention.

Employment law

Kristie Higgs v Farmor’s School – Employment Appeal Tribunal – 2023

Kristie was sacked from her job as a pastoral worker in a primary school for exercising her free speech on Facebook. She lost at the Employment Tribunal, however the Tribunal’s decision was overturned on appeal.

Rev Calvin Robinson v Royal Academy of Dance – 2023

Successfully secured Calvin damages of £8,000. Calvin was sacked from the Royal Academy of Dance having been sacked for his exercising his right to free speech.

Keith Walters v the Active Learning Trust – 2022

Client won discrimination case against his former employer who disciplined him for Tweeting about Pride.

Mary Onuoha v Croydon Health Services – 2021

The client was a nurse won discrimination case against her former employer for not letting her wear a cross when other members of staff were allowed to wear their religious attire.

David Mackereth v DWP – West Midlands Employment Tribunal 2019 and EAT

The client sued the DWP for unfair dismissal following a dispute concerning compelled speech. Whilst the appeal was not allowed, the EAT found that the tribunal had erred by finding the client’s beliefs were not worthy of respect in a democratic society.

Richard Page v NHS – 2021

Former Magistrate sued the NHS and the Lord Chancellor for unfair dismissal and discrimination.

Family law

KD v NC – Norwich Family Court 2019

After not seeing his four children for three years, following a conviction for possession of indecent images, and CAFCASS opposing all contact, court order direct contact for father.

TF v DA – Reading Family Court 2019

Having not seen his child for nearly 2 years, following a conviction for possession of indecent images, the court ordered direct contact for the father.

LA v M – Cambridge Family Court 2015

Represented parents of two boys who had been taken into care following allegations of excessive use of corporal punishment.

M v M – Oxford County Court 2014

Represented the father in private law proceedings. We successfully resisted contempt of court proceedings and helped him to gain contact access to his children.

L v O – Reading County Court 2013

Represented mother in private law proceedings, who successfully obtained a prohibited steps and residence order in her favour.

A v A – Reading County Court 2013

Represented the father. At the start of custody proceedings did not have custody of any of his four children and only had contact with one of his children. At the end of proceedings, he had sole custody of all of three of his children and joint custody of the youngest.

Health and Safety Prosecutions

Reading Borough Council v Kebbabish – Reading Magistrates Court 2014

The clients faced serious allegations concerning events over a significant period of time. Having agreed a plea bargain with the Council in advance of sentencing, the clients were fined £6,000.

Immigration

TMNK v Secretary of State for the Home Department – Asylum and Immigration Upper Tribunal – 2022

Egyptian Christian who was forced to convert to Islam, refused Asylum before the First Tier Tribunal. However, the decision was overturned on appeal and remitted for retrial, where she won the right to asylum in the UK.

Judicial Review

William Philip and others v the Scottish Ministers [2021] CSOH 32

Acted as a consultant to the Scottish lawyers, in their successful Judicial Review against Church Closures in Scotland.

R. (on the application of Georgina Hitchen) v Oxford Magistrates Court [2015] EWHC 271 (Admin)

Successful challenge to the decision of the DVLA to revoke the claimant’s licence. Although the Magistrates Court upheld the DVLA’s decision, the High Court overturned the decision, and she had her licence returned to her. The client had her licence revoked on the basis that she was a danger either because of her COPD (a respiratory condition) or because of cognitive decline. Strong evidence was gathered to refute the DVLA’s case and eventually won the case in the High Court. The matter reported on in the Daily Telegraph and The Times. [Hugh Tomlinson KC instructed].

R (on the application of Green) v City of Westminster Magistrates’ Court [2007] EWHC 2785 (Admin).

Judicial Review of District Judge’s decision not to refuse to issue summons against Director General of the BBC concerning the BBC decision to broadcast Jerry Springer the Opera. [Michael Gledhill QC and Mark Mullins instrcuted]

Licensing Cases

Southampton City Council v Mr WT – 2023

Client accused of using a mobile phone when driving. Client admitted the offence with mitigation. The council normally prohibit driving for up to 5 years for the commission of this offence, client was given a 1-month suspension.

KM v Wellingborough Council – Wellingborough Magistrates Court – 2018

Client’s suspension for going through a red light reduced to 3 from 6 months on appeal.

Tariq Ali v Wellingborough Council – Wellingborough Magistrates Court 2018

The client’s licence was revoked and he was not permitted to work pending appeal. Suspension pending trial was overturned. At trial he faced 6 allegations. Most of the allegations were not proved. The revocation was overturned and the client was given a short suspension.

Paul Bruere v Northampton County Council – Corby Magistrates Court 2015

The client had his taxi licence revoked for a number of allegedly very serious incidents. After a 2-day trial at the magistrates court (which was fully and strongly contested by the council) the court overturned the revocation and imposed a short suspension instead. In addition the court did not award costs against the client (as they normally do).

West Berks Council v Ali – Reading Magistrates Court 2013

The client who faced an allegation that he plying for hire. Representations were made to the council that they had failed to disclose documentation. Having considered the representations, the council dropped the case.

Lap dancing club – Maidstone Town Council 2012
The clients successfully resisted the application for an application of a Sex Entertainment Venue Licence.

Professional Regulation

GMC v Dr Richard Scott – 2023

Successfully defended Dr Richard Scott before the Medical Practitioners Tribunal. Dr Scott was allowed to continue to work with a warning.

GMC v Dr Dermot Kearney – 2021

Acted for Dr Kearney. Resisted GMC application for complete suspension pending the outcome of the GMC investigation. Eventually no further action taken against Dr Kearney by the GMC.

BACP v G – 2021

Application to strike off counsellor registered with BACP for allegedly practicing ‘conversion therapy’. After a three-day trial, client acquitted of all charges.