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.
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  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  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 & ors  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.
- R (Good Law Project) v Secretary of State for Health and Social Care – 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.
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.
- Advising several public authorities on contentious or sensitive FOIA matters.
- Acting for the Information Commissioner in several 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:
- 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 QC and Katherine Eddy with the preparation of a Supreme Court appeal concerning the calculation of overtime pay under the Working Time Directive.
- R (IWGB) v CAC  EWCA Civ 952 – as a pupil, assisted Chris Jeans QC and Tom Cross in the Court of Appeal, in a case on whether Deliveroo riders are ‘workers’ for the purposes of collective bargaining legislation.
- Palmeri v Charles Stanley  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.
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)
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
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.