Philip Engelman

Specialisms:

• Administrative & Public Law
• Business
• Chancery
• Employment
• Regulatory

Cases:

The Law Society v Legal Services Commission [2010] EWHC 2550 (Admin) Application for Judicial Review of the 2010 LSC competitive tendering process for the provision of publicly funded family law services.

R (Barwick & another) v Bridgend County Borough Council [2009] EWHC 1723 (Admin) Resisting Judicial Review claim for the closure of a Local Authority Care Home.

Neath and Port Talbot LHB v Dr. Gilbey [2009] EWHC 1573 (Admin) Resisting statutory appeal to the Administrative Court in relation to the professional discipline of a doctor before the FHSAA.

R (Cardiff City Council) v Welsh Assembly Government (2009) Judicial Review of a decision concerning the operation of the National Assistance Act 1948.

Brennan & others v Sunderland City Council & others (No. 3) (2009) ICR 479 Equal Pay and Legal Professional Privilege.

Dolphin & others v Hartlepool Borough Council & others (2009) IRLR 168 Equal Pay and the definition of "sham bonuses".

General:

Philip Engelman has been in practice for 30 years. During that time he has represented clients from both the domestic and international arena, including private individuals; companies; local government; central government; major bodies, including the Royal College of Nursing, the Law Society, the Association of Chartered and Certified Accountants, the Official Solicitor, GMB, NALGO (now UNISON), and other public bodies. He has appeared in the House of Lords; Privy Council; Court of Appeal; Divisional Court; Administrative Court; all divisions of the High Court, including the Commercial Court; the Technology and Construction Court; and many Tribunals including in particular the Employment Tribunal, the Care Standards Tribunal, SENDSIT, GMC, FHSAA, NMC, SDT and ACCA.

Litigation includes the Hickey miscarriage of justice award before the House of Lords (O'Brien v The Independent Adjudicator); whether a GP's place on a local Performers List is Article 1/Protocol 1 Property - also before the House of Lords (Countryside Alliance); Doctor's discipline before the Privy Council (Dr. Obi v GMC); the admissibility of findings of the Solicitors Disciplinary Tribunal into Chancery proceedings - Court of Appeal (Simms v Colon & another); local disciplinary powers over GPs - Court of Appeal (Dr. Malik v Waltham Forest NHS Trust); the extent of the GMC's disciplinary powers over doctors - Court of Appeal (Hiew v GMC); legal professional privilege - EAT (Brennan (No. 3)); the interpretation of domestic law by reference to the EU treaty - EAT (Brennan (No. 1)); the requirement of consultation by a local authority and its equality duties - Admin Court (R (Barwick & another) v Bridgend CBC); the ambit of the disciplinary process of the FHSAA over a GP - Admin Court (Neath and Port Talbot LHB v Dr. Gilbey); the operation of the deeming provisions in the National Assistance Act 1948 - Admin Court (R (Cardiff CC) v Welsh Assembly Government); the construction of the standard form insurance contract governing environmental pollution - QBD (Bartoline v Royal Sun Alliance); and construction of a contract concerning the Olympic Games - QBD (Balcome v London Development Agency).

Over the years he has been involved in much high profile litigation, and his clients have included those who have suffered miscarriage of justice; those on death row in the Caribbean and elsewhere; animal rights groups; ethnic minority Bar students; and more prosaically, international tennis players. He has acted in many cases involving community care, school admissions, school closures; disciplinary, regulatory and employment cases, in particular many of the current substantial cases concerning equal pay.

Philip has been nominated for the 2012 Chambers UK Employment Junior Barrister Bar Awards.

What others say:

"not afraid of a challenge" Legal 500 2012

"Philip Engelman is ‘a formidable strategist and a persuasive advocate’" Legal 500 2011

Appointments:

Crown Court Recorder 2012

Equality and Human Rights Commission Preferred Panel of Counsel

Memberships:

• Constitutional & Administrative Bar Association
• Employment Law Bar Association
• Professional Negligence Bar Association
• Member of the Equality and Diversity Committee of the Bar Council

Publications:

• Commercial Judicial Review, Sweet & Maxwell (2000)
• Care Standards Act 2000, OUP (2003)
• Bullen and Leake's Precedents - (Education), Sweet & Maxwell (2009)
• Challenging Racism: Using the Human Rights Act (Education), Lawrence & Wishart (2001)

Lectures & Seminars:

Philip regularly delivers CPD accredited seminars and workshops on Judicial Review and Employment law matters.

Education & Awards :

• University College London - LLB (Hons)
• Inns of Court School of Law - Barrister at Law

Additional Information:

• Member of Gray's Inn and Inner Temple
• Gray's Inn Advocacy Trainer