Philip was junior counsel in the High Court for an application for a mandatory injunction to retain the Applicant’s licence pending an appeal based on arguments of procedural irregularities and unfairness (with Hugh Mercer QC).
The case started before a District Judge before being granted permission to appeal. It was lost initially on appeal before a Circuit Judge in Teeside. There was then a rare but successful second appeal. The issue was whether the actual seller of a horse could revert to being an agent as a defence. The Court of Appeal agreed on the argument that had been run from the outset by Philip, in that the seller absolutely could not do so (with Mark Anderson QC). The case was instructed by Jacqui Fulton Equine Law.
Junior Counsel before the District Judge and the Recorder. The matter ended up in the Court of Appeal due to inter alia lack of reasons for coming to a decision, the jurisdiction to impose a fine and removal of a licence (with David Lock QC). Interestingly, the veterinary expert (who provided the predominant advice and evidence to the Board) was later found to have been grossly negligent in separate proceedings conflicting with the Court of Appeal. Instructed by Sanderswitherspoon LLP.
This was where Philip ran a successful defence of Civil Fraud on behalf of an Olympic gold medallist against an Italian horse Agent. This case was heard in Bristol High Court. Philip was sole counsel.