Who? Michael Phillips, director and solicitor-advocate at Andrew Storch Solicitors, Reading.
Why is he in the news? Represented a group of claimants comprising faith schools, parents and children who went to the schools in a legal challenge against the government over its decision to impose VAT on private school fees. The High Court last week ruled in the government’s favour.
Thoughts on the case: ‘We were very disappointed with the result. We rather suspect this case may go up to the Supreme Court or European Court of Human Rights. It is groundbreaking. No government in the Council of Europe or EU has ever imposed tax on education in this way. This is a tax on the service itself – and not just any service, but a service to which people have a guaranteed right. It’s like taxing people going to church or getting married. There are certain things that you regard as inherently good that you do not tax.’
Dealing with the media: ‘One client and his son waived anonymity because they wanted to speak to the media because justice is done in the light. There was a narrative that this was about rich people having to pay a bit more tax to help those in state school. Paragraph 67 of the judgment states that 25% of those affected would fall into the bottom half of the household income distribution. Many of our clients were very poor. They lived in deprived areas where the state schools weren’t great and they just wanted to give their children a good start in life. They scrimped and saved and could just about afford the budget fees.’
Why become a lawyer? ‘I thought it was a good thing to do. You’re advocating on behalf of the dispossessed and those unable to speak. If they do not have the ability to speak, being an advocate, you have the right to speak on their behalf. You can be that voice to the court or wider society when they have been dispossessed of their right.’
Career high: ‘Every case where we have seen freedom of speech and freedom of religion being upheld. Seeing the acquittal of numerous Christian street preachers who were prosecuted in the magistrates’ court for simply speaking about their faith. More recently, I saw the victory of several Christians (most recently the Court of Appeal victory in Kristie Higgs v Farmor’s School) who have lost their jobs for speaking about things which, a few years ago, no one would have batted an eyelid at. It is an opportunity to see these hard-earned freedoms put back to their rightful place.’
Career low: ‘A jury trial I did several years ago. I was convinced the client was innocent. However, he was convicted and went to prison.’
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