This presentation analyses the implications of the High Court’s decision in Isle of Wight Council v Platt  EWHC 1283 (Admin) to uphold a Magistrates’ Court decision to reject the prosecution of a parent who took a child out of school during term-time.
Date of recording: 23 November 2016
Course level: Intermediate
Running Time: 15 minutes
• Isle of Wight Council v Platt  EWHC 1283 (Admin) - the facts
• No Case to Answer?
• Legal Background
• The Question - Did we err in law in taking into account attendance outside of the offence dates (13th April to 21st April 2015) as particularised in the summons when determining the percentage attendance of the child?"
• The Decision
• Unresolved issues
Charles has a wide public law practice spanning all of Chambers areas of expertise including environmental, planning, licensing, EU and wider public law/ human rights cases. His experience ranges from acting for pressure groups in environmental judicial reviews to appearing before the Court of Justice of the European Union in a case concerning the Services Directive and for the Metropolitan Police in a groundbreaking counter-terrorism application
Charles has appeared at all levels up to and including the Court of Justice of the European Union. He is regularly instructed to appear as sole counsel for both claimants and defendants in judicial reviews and statutory challenges before the High Court and as junior counsel in the Court of Appeal. Charles has a particular interest in cases with an international dimension and has appeared in cases engaging European law, the European Convention on Human Rights and the Aarhus Convention.
His oral submissions in a recent two day 'significant' High Court judicial review, which attracted national media coverage, were commended by the judge as "excellent".
Notable cases include:
• Case C-316/16 Hemming v Westminster City Council: Junior Counsel before the Court of Justice of the European Union in a reference concerning the interpretation of ‘authorisation procedures’ under the Services Directive (Directive 2006/123/EC) (junior to David Matthias QC)
• R (Tarmac Aggregates) v Secretary of State for Environment  EWCA Civ 1149: Successful appeal to the court of appeal, now the leading domestic case on the meaning of 'recovery' under the Waste Framework Directive 2008/98/EC (junior to Gregory Jones QC)
• R (Dillner) v Sheffield City Council  EWHC 945 (Admin): Successfully secured an interim injunction preventing the further felling of trees across Sheffield under the Streets Ahead PFI contract and subsequently appeared as sole counsel at the two day substantive judicial review in the High Court raising issues of domestic public and European environmental law (sole counsel).
• R (Harris) v Norfolk Broads Authority  EWHC 799 (Admin): claim for judicial review concerning the lawfulness of a public authority to 'brand' itself a National Park (junior to Gregory Jones QC).
• Ware v McAllister  EWHC 3086 (QB). Appeared for the successful claimant in a two day trial in the High Court concerning the appropriate balance between Articles 8 and 10 of the European Convention of Human Rights in the context of journalistic publication (junior to Saira Kabir Sheikh QC).
• Coventry v Lawrence (No 3)  UKSC 50 - Challenge to the lawfulness of the UK costs system under Article 6 and Article 1 Protocol 1 of the ECHR before the Supreme Court (as a pupil assisting Robert McCracken QC)