Raphael Hogarth
“He has phenomenal litigation skill and impeccable legal judgement. He works like a Trojan and is immensely bright and capable.” Chambers and Partners 2024
Raphael has recently acted in several high-profile disputes, including the “Care Homes” judicial review in which the government’s Covid-19 hospital discharge policy was ruled unlawful, the Clearview challenge by an American facial recognition company to a £7.5 million fine for alleged breaches of UK privacy law, and the Deliveroo Supreme Court appeal on human rights and collective bargaining in the gig economy.
He accepts instructions across Chambers’ core areas of practice, including in public, public procurement, subsidy control, information, data protection, employment and commercial law. His clients have ranged from individuals to private and public companies, charities, NGOs, trade unions, regulators, government departments and other public authorities.
Raphael is ranked by Chambers and Partners as an “Up and Coming” junior in public law and data protection, and by the Legal 500 as a “Rising Star” in public law, education and data protection.
He has been described as “a talented junior”, “very impressive”, “very commercial” and “meticulous”, with an “incredible work ethic” and “excellent drafting skills”.
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 is ranked as an “Up and Coming” junior in administrative and public law by Chambers and Partners, and as a “Rising Star” in public law and human rights by the Legal 500.
He has acted for individuals, companies, NGOs, central government departments, regulators and local authorities in public law disputes.
He has extensive experience of working on strategic litigation, including obtaining costs-capping orders in public interest proceedings and advising on the interplay between judicial review and wider campaigning strategy.
He is also particularly interested in the use of public law to advance and defend commercial interests, and has acted in several disputes in which commercial entities have challenged regulatory decisions, procurement processes or subsidy-related decisions.
Recent highlights include:
- R (Independent Workers’ Union of Great Britain) v Central Arbitration Committee (Interested Party: Deliveroo) UKSC 2021/0155 – acting for Deliveroo in a Supreme Court appeal about whether collective bargaining legislation breaches riders’ rights under Article 11 ECHR. This is one of The Lawyer’s Top 10 appeals of 2023.
- 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. This was one of The Lawyer’s Top 20 cases of 2022.
- R (Good Law Project) v Prime Minister & Others [2022] EWCA Civ 1580 – acted for the Claimant in an appeal concerning the use of private email accounts and phones for government business.
- 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 government’s flagship asylum reforms.
- R (Good Law Project) v Secretary of State for Health and Social Care (Interested Parties: (1) Bunzl (2) Tulchan Communications (3) Lord Feldman) [2022] EWHC 2888 (TCC) – successfully obtained a costs-capping order in a challenge to the award of a high-value PPE contract to a firm with links to the former chair of the Conservative Party.
- R (Good Law Project) v Secretary of State for Health and Social Care (Pharmaceuticals Direct Limited) UKSC 2022/0082 (public settlement reached) – acted for the Appellant in a Supreme Court appeal about service in judicial review proceedings.
- 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).
Information and Data Protection
Raphael is ranked as an “Up and Coming” junior in data protection by Chambers and Partners, and as a “Rising Star” in data protection by the Legal 500. He is frequently instructed in data protection, privacy, technology and information law matters.
Recent experience in the data protection and privacy field includes:
- Clearview AI v Information Commissioner [2023] UKFTT 00819 (GRC) – acted for the successful US facial recognition company in this high-profile challenge to enforcement and penalty notices issued by the Commissioner for alleged breaches of the GDPR and UK GDPR.
- Proceedings against a social media company – advice to a platform in relation to proceedings for alleged breaches of data protection legislation.
- Threatened class action against a technology company – instructed in relation to a threatened class action against a company in the artificial intelligence sector for alleged data breaches.
- Company’s handling of communications data – advice on businesses’ duties in respect of requests and demands for communications data by the intelligence/security services or police made under the Investigatory Powers Act 2016.
- Local government privacy dispute – instructed by a local authority in relation to a complex and long-running dispute with public officials concerning alleged breaches of their privacy in disclosures to the press.
- Advising and acting for the Information Commissioner in relation to various enforcement action under data protection legislation.
- Advising and acting for controllers in relation to data breach proceedings before the civil courts, and other contentious data protection issues.
Recent experience in the Freedom of Information field includes:
- Cabinet Office v Information Commissioner and Tommy Sheppard MP (UA-2021-000017-GIRF) – acting for Tommy Sheppard MP in an Upper Tribunal appeal concerning a request for polling information on attitudes to the Union. The hearing was reported on the front page of The National, which has covered the appeal here, here, here, and here.
- Ingle v Information Commissioner and Cambridgeshire County Council [2023] UKUT 80 (AAC) – acted for the successful Information Commissioner in an Upper Tribunal appeal concerning the personal information exemption under FOIA.
- R (Good Law Project) v Prime Minister & Others [2022] EWCA Civ 1580 – acted for the Claimant in an appeal concerning the use of non-government communications systems such as WhatsApp for government business, including on the basis that such use hinders the effective operation of FOIA.
- Acting for requesters and the Information Commissioner in several appeals before the First-tier Tribunal.
- Advising several public authorities on complex or politically sensitive FOIA matters.
Employment and Commercial
Raphael accepts instructions across the full range of commercial and statutory employment matters.
Recent highlights in the appellate courts include:
- R (Independent Workers’ Union of Great Britain) v Central Arbitration Committee (Interested Party: Deliveroo) UKSC 2021/0155 – acting for Deliveroo in a Supreme Court appeal about collective bargaining rights. This is one of The Lawyer’s Top 10 appeals of 2023.
- Boydell v NZP Ltd [2023] EWCA Civ 373 – acted for the successful employer in proceedings to restrain a departing employee from breaching non-compete, non-deal and non-solicit clauses. See podcast episode.
Raphael also regularly appears in the Employment Tribunal, acting in unfair dismissal, discrimination and other statutory claims. He is frequently instructed from an early stage in proceedings in order to advise on tactical issues. Raphael’s recent Tribunal experience includes:
- Fraser v Equinox Kensington Ltd (2204802/20) – acted for the successful Respondent in this four-day race discrimination and unfair dismissal trial concerning an alleged breach of the employer’s data protection policy.
- X (a sales executive) v Y (a technology corporation) (ongoing) – acting for the Respondent in ongoing disability discrimination proceedings.
- X (a technology executive) v Y (a med-tech startup) (2022) – acted for the Respondent in sexual orientation discrimination and unfair dismissal proceedings.
- X (a warehouse operative) v Y (a major retailer) (2022) – acted for the Respondent at a successful judicial mediation in pregnancy discrimination proceedings.
- X (a care worker) v Y (a local authority) (2022) – acted for the Respondent in disability discrimination proceedings.
Local Government
Raphael has a busy local government practice. Recent experience includes:
- R (Cakebread-Snow) v Manchester City Council CO/2905/2022 – acted unled for the successful authority in this judicial review concerning the extent of the Council’s duties to enforce the ‘smoking ban’ in social housing.
- R (Bookless and Bookless) v Local Government and Social Care Ombudsman and Uttlesford District Council CO/3786/2022 – acting unled for the Ombudsman in this judicial review concerning alleged maladministration in the compulsory purchase of residential property.
- Acting for a group of local authorities in a commercial public law dispute concerning a broadband roll-out plan.
- Acting for a major city council in a commercial public law dispute concerning the level at which care home fees were set for the financial year.
- Contentious or politically sensitive Freedom of Information Act or data protection matters (see ‘Information and Data Protection’ section above).
- Community care matters, including ordinary residence submissions to the Secretary of State.
- Advisory work on governance and constitutional issues.
Procurement and Subsidy Control
Raphael accepts instructions from economic operators and authorities.
In the procurement sphere, he has experience of acting in civil proceedings before the Technology and Construction Court and judicial review proceedings before the Administrative Court.
Raphael also accepts instructions in subsidy control matters, including advisory work and judicial reviews of subsidy control decisions before the Competition Appeal Tribunal. He has delivered training for public bodies on the new subsidy control regime and has significant experience of bringing and defending judicial review challenges (see ‘Public Law’ section above).
Recent highlights include:
- 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 (Good Law Project) v Secretary of State for Health and Social Care (Interested Parties: (1) Bunzl (2) Tulchan Communications (3) Lord Feldman) [2022] EWHC 2888 (TCC) – acted 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.
- R (Good Law Project) v Secretary of State for Health and Social Care (Pharmaceuticals Direct Limited) UKSC 2022/0082 (public settlement reached) – acting for the Appellant in this Supreme Court appeal about extending time in a claim for breaches of the Public Contract Regulations 2015.
Education Law
Raphael is ranked as a “Rising Star” in education law by the Legal 500. He accepts instructions from local authorities, schools, universities, parents, students and education campaigners.
His recent experience includes:
- Acting for a Russell Group university in a public law dispute with a former student about an exclusion for ‘contract cheating’.
- Acting for a student in a public law dispute with a university about its approach to a complaint of religious discrimination.
- Acting for an inspectorate in a dispute with an education provider about the legality of an inspection report.
- Acting for a campaigning NGO in a dispute with a university concerning its equality policies, in particular in relation to transgender issues.
- Advising an NGO on reforms to higher education regulation.
- Advising a local authority on an application for assistance with boarding school charges.
- Advising a local authority on the legality of changes to its school transport policy, and compatibility with its human rights and equality law obligations.
- 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.
Recommendations
“He has phenomenal litigation skill and impeccable legal judgement. He works like a Trojan and is immensely bright and capable.” Chambers and Partners 2024
“He is a talented junior – I am really impressed.” Chambers and Partners 2024
“Raphael is a very impressive junior. He is smart, hard-working, passionate and always responsive.” Chambers and Partners 2024
“He is very user-friendly and his drafting skills are excellent.” Chambers and Partners 2024
“Raphael is proactive, gets into the detail and turns matters around quickly.” Chambers and Partners 2024
“He provides very commercial and practical advice.” Legal 500 2024
“An engaged and proactive junior with an incredible work ethic.” Legal 500 2024
“His advice is meticulous.” Legal 500 2024
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.