Raphael Hogarth

Professional Summary

Called 2020

Contact Details

T +44 (0)20 7632 8500 Clerk Harry Gilson Clerk Iva Mirjam Stipanovic E

Raphael has recently been involved in several high-profile judicial reviews, including the widely reported judicial review of the government’s policy on care homes during the first wave of the pandemic.

He accepts instructions across Chambers’ core areas of practice, including in public law, employment, education, community care, information, procurement and data protection matters.

Before coming to the Bar, Raphael was a leader writer and columnist at The Times, and a researcher at the Institute for Government. He remains an associate of the Institute and is a regular media commentator on constitutional issues. He was also a visiting lecturer in public law on the Graduate Diploma in Law at City University. He holds a first-class degree in Philosophy, Politics and Economics from Oxford University and a Distinction in the Graduate Diploma in Law from City University, where he won several scholarships and prizes.

Specialisms

Public Law

Raphael has acted for individuals, private companies, non-governmental organisations, central government departments and local authorities in public law disputes.

In light of his previous career working on constitutional issues in Westminster and Whitehall, he is particularly sought after in judicial reviews with a constitutional dimension and has been instructed on several matters raising issues of Parliamentary privilege.

Recent highlights include:

  • R (Gardner &  Harris) v Secretary of State for Health and Social Care [2022] EWHC 967 (Admin) – acted for the successful Claimants in a judicial review of the government’s decisions in relation to care homes during the first wave of the pandemic. Gardner is one of The Lawyer’s Top 20 cases of 2022.
  • R (A and others) v Secretary of State for the Home Department [2022] EWHC 360 (Admin) – acted for the successful Home Secretary in a challenge to the consultation on the government’s flagship reforms to the asylum system, dismissed on the basis that any declaration of unlawfulness would have been contrary to Article 9 of the Bill of Rights.
  • R (Good Law Project) v Prime Minister & Others [2022] EWHC 960 (Admin) (on appeal to the Court of Appeal) – acting for the Claimant in a judicial review of the use of non-government communications systems such as WhatsApp for government business, including in relation to key pandemic-related decisions.
  • Consultant Connect Limited v (1) NHS Bath ICB (2) NHS Gloucestershire ICB and (3) NHS Bristol ICB (Interested Party: Monmedical Limited) [2022] EWHC 2037 (TCC) – acted for the successful Claimant in this wide-ranging public procurement challenge, in which the Court made the first ever contract shortening order upon finding several breaches of the Public Contract Regulations 2015.
  • R (Independent Workers’ Union of Great Britain) v Central Arbitration Committee (Interested Party: Roofoods Ltd) – acting for Deliveroo in an appeal to the Supreme Court concerning whether collective bargaining legislation breaches riders’ rights under Article 11 ECHR.
  • In the matter of the Prime Minister – instructed by the Good Law Project, with Jason Coppel KC, to advise on the Parliamentary process for disciplining MPs following the announcement that Boris Johnson had been fined for a lockdown breach (published here), and then on the procedure for the Privileges Committee’s inquiry into Boris Johnson (published here).
  • R (Good Law Project) v Secretary of State for Health and Social Care (Interested Parties: (1) Bunzl (2) Tulchan Communications (3) Lord Feldman) – acting for the Claimant in a judicial review of the award of a high-value PPE contract to a firm with links to the former chair of the Conservative Party.

Raphael also has a busy local government practice. He has advised or acted in:

  • Commercial judicial reviews of local authority decisions, including in the context of broadband and care fee-setting disputes;
  • Contentious or politically sensitive Freedom of Information Act or data protection matters (see “Information, data and media” section below);
  • Education matters, including EHC Plan appeals and school transport issues (see “Education” section below);
  • Community care matters, including ordinary residence and charging disputes;
  • Governance and constitutional issues.

Education Law

Raphael accepts instructions from local authorities, schools, universities, parents, students and education campaigners.

His recent experience in this area includes:

  • Acting for a campaigning NGO in a dispute with a university concerning its equality policies, in particular in relation to transgender issues.
  • Advising on the legality of an inspection report following inspection of an education provider.
  • Advising an NGO on the effects of legislation currently before the Welsh Assembly to reform the system of regulation for higher and further education in Wales.
  • Acting for a local authority in a complex challenge to an Education and Healthcare Plan, dealing with expert evidence concerning the efficacy of ‘Applied Behavioural Analysis’ in educating autistic children.
  • Advising a local authority on the legality of changes to its school transport policy, and compatibility with its human rights and equality law obligations.

Information, Data and Media

Raphael is regularly instructed by the Information Commissioner, public authorities and private companies in relation to proceedings under the Freedom of Information Act 2000 and the UK GDPR.

Recent experience this area includes:

  • Advising a major technology start-up on an ICO investigation in relation to alleged breaches of UK GDPR.
  • Cabinet Office v Information Commissioner and Tommy Sheppard MP (UA-2021-000017-GIRF) – acting (unled) for Tommy Sheppard MP in an Upper Tribunal appeal concerning a request for polling information on attitudes to the Union.
  • Advising several public authorities on contentious or sensitive FOIA matters.
  • Acting for the Information Commissioner in several data protection and information rights appeals before the First-tier Tribunal and the Upper Tribunal.

Employment and Commercial

Raphael accepts instructions across the full range of commercial and statutory employment matters.

He regularly appears in the Employment Tribunal, acting for Claimants and Respondents in unfair dismissal, discrimination and other statutory claims.

His experience includes:

  • R (Independent Workers’ Union of Great Britain) v Central Arbitration Committee (Interested Party: Roofoods Ltd) – acting for Deliveroo in an appeal to the Supreme Court concerning whether domestic collective bargaining legislation breaches riders’ rights under Article 11 ECHR.
  • A former Member of Parliament v a former member of Parliamentary staff – advised a former member of Parliamentary staff in relation to a workplace complaint against a former Member of Parliament.
  • East of England Ambulance Service NHS Trust v Flowers and others – as a pupil, assisted Sean Jones KC and Katherine Eddy with the preparation of a Supreme Court appeal concerning the calculation of overtime pay under the Working Time Directive.
  • Palmeri v Charles Stanley [2020] EWHC 2934 (QB) – as a pupil, assisted Amy Rogers in a High Court dispute between an investment management firm and a stockbroker over the termination of his contract.

Education

2020: Bar Professional Training Course, City University (Outstanding)

2019: Graduate Diploma in Law, City University (Distinction, 2nd in year)

2016: BA Philosophy, Politics and Economics, Oxford University (First Class)

Awards

Sir John and Sophie Laws Scholarship (Bar European Group), 2021

Administrative Law Bar Association Mooting Competition – Winner, 2019

11KBW Prize for Public Law (City University), 2019

Monckton Chambers Prize for European Law (City University), 2019

Falcon Chambers Prize for Land Law (City University), 2019

GDL Mooting Competition (City University) – Winner, 2019

Bedingfield Scholarship (Gray’s Inn), 2019

GDL Scholarship (Gray’s Inn), 2018

GDL Scholarship (City University), 2018

Gibbs Prize in Politics (Oxford University), 2014

Other

Before coming to the Bar, Raphael was a leader writer and columnist at The Times, where he wrote a weekly column about Brexit and trade policy.

He also worked at the Institute for Government, where he was a researcher on Brexit and the constitution.

He remains an Associate of the Institute for Government, and has given expert evidence on constitutional matters to several parliamentary select committees. Raphael is also a regular media commentator on the constitution and public law. He writes on these subjects for Prospect and The Times, and has appeared as a constitutional expert on programmes such as Newsnight, BBC News, Sky Sunrise, PM and the Today programme.

Raphael is a member of the Administrative Law Bar Association (ALBA), and was a contributor to ALBA’s submission to the government’s consultation on reforms to judicial review remedies.

In the 2019-2020 academic year, he was a visiting lecturer in public law on the Graduate Diploma in Law (GDL) at City University.

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Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Raphael Hogarth

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