Practice overview
Michael has a broad commercial practice in line with Chambers’ profile, with an emphasis on commercial, insolvency and property matters. He is also developing a costs practice.
He has been described by instructing solicitors as a ‘thorough, careful and unflappable’ advocate who is ‘easily approachable' and ‘very efficient in meeting particularly tight deadlines', and whose level of preparation is ‘outstanding’. He regularly appears in both the High Court and the County Court.
He recently acted (led by David Lewis KC) on behalf of the successful party following a multi-week, multi-million pound High Court trial premised on unlawful means conspiracy and constructive trust (SU Consultancy Ltd v Singh & Ors [2024] EWHC 1596 (Comm)).
Michael is also a contributor to Insurance Broking Practice and the Law (edited by CMS Cameron McKenna) and Construction Professional Indemnity Insurance (Sweet & Maxwell).
Michael previously studied Mandarin Chinese for a year in Beijing, achieving HSK Level 4. He intends to make use of Mandarin in his legal practice.
Outside of work, Michael enjoys riding motorcycles on track, boxing, diving and languages.
Areas of expertise
- Commercial dispute resolution
Commercial dispute resolution
Michael has a busy commercial practice and welcomes all commercial instructions, whether as sole or junior counsel. He regularly appears in both trial and interim applications. His practice embraces a range of commercial matters, with a particular emphasis on contractual interpretation – whether in the context of guarantees, loan agreements, settlement agreements or franchising disputes. He frequently advises in relation to litigation strategy.
Recent work has included:
- SU Consultancy Ltd v Singh & Ors [2024] EWHC 1596 (Comm) – being led by King’s Counsel (David Lewis KC) acting for the successful party in a multi-week multi-million pound complex High Court trial involving a claim for unlawful means conspiracy; deceit and the inducement of breach of contract; passing off; trespass; breach of confidence; restoration of assets under a constructive trust; and authority in the context of de facto directors’ status for the purposes of a quorum.
- Being instructed by the Part 20 Defendant in respect of the collapse of the Fundão Dam in Brazil (the Mariana Dam Disaster) in a multi-billion dollar claim brought by circa 600,000 claimants. The case was one of The Lawyer’s top 20 cases of 2024.
- Being led by King’s Counsel (David Lewis KC) in respect of a franchising dispute turning on contractual construction.
- Being led by King’s Counsel (David Lewis KC) in a matter involving a dispute between the directors of a substantial healthcare and wellbeing company.
- Being led by King’s Counsel (David Lewis KC) in a commercial dispute regarding the performance and effect of a consultancy agreement.
- Assisting King’s Counsel (David Lewis KC) in relation to a cross-border claim regarding misappropriation of trust funds and forgery.
- Obtaining a circa £1/3 million judgment in the High Court against directors of a company in respect of a claim involving the payment of unlawful dividends in breach of duties under the Companies Act 2006.
- Appearing in the High Court in respect of a dispute relating to damage caused as a result of the replacement of overhead pipeline crossings for the transportation of petroleum products.
- Regularly drafting pleadings for and successfully appearing on behalf of a multinational energy provider in respect of various claims made by it or against it, both at the consumer and commercial level.
- Successfully appearing on behalf of a major bank in a claim against the director guarantor of a company overdraft facility, securing indemnity costs.
- Advising in relation to the liability of a deceased businessman’s estate (and its executors) in respect of the enforceability of a purported commercial agreement he reached prior to his death.
- Obtaining summary judgment (and resisting a cross-application for summary judgment) in respect of the interpretation of a contractual clause within a complex settlement agreement between former business partners.
- Negotiating a highly favourable settlement agreement on behalf of a wholesale goods company against one of its commercial clients.
- Regular court appearances on behalf of an organisation specialising in debt collection and judicial enforcement services in the context of the Tribunal, Courts and Enforcement Act 2007 and niche applications under CPR 85.
- Advising in respect of a defective stock transfer transaction between founding members of a start-up company.
- Successfully resisting an application to set aside judgment on behalf of a company specialising in the loaning of commercial machinery to business clients.
- Advising guarantors of a lease granted to a well-known brewery as to the scope and scale of their liability. This matter involved the intersection between property and insolvency law, including disclaimers of leases by liquidators and the consequent effect on guarantors.
- Obtaining summary judgment on behalf of a waste management company against one of its commercial clients, securing indemnity costs.
- Being led by senior Counsel (Paul Strelitz) in respect of a claim involving the termination of a franchising agreement by a franchisee.
- Advising an estate agent in respect of contractual entitlement to commission regarding the sale of a circa £2,000,000 property.
- Advising a parent in respect of a claim made for private school fees brought by a secondary school.
- Assisting in advising in respect of the termination of a franchising agreement with an international dimension.
- Successfully resisting a claimant’s application to excise the defendant’s expert evidence.
- Successfully resisting an application to re-instate a contractual claim following strikeout.
- Drafting various statements of case and advices pursuant to claims engaging the Consumer Rights Act 2015 and associated regulations.
- Being regularly instructed in relation to PPI disputes by various high street banks, arising out of allegations of unfairness under the Consumer Credit Act 1974.
- Insolvency & restructuring
Insolvency & restructuring
Michael has a thriving bankruptcy and insolvency practice, and has experience in both high-profile and smaller cases. He regularly appears in both the High Court and the County Court in such matters. He is particularly interested in the intersection between insolvency and property law.
Recent work includes:
- Successfully appearing unled (against King’s Counsel) in the High Court in respect of release of circa £4 million held in the Court Funds Office in relation to an international claim brought by a former company director against an insolvent company.
- Being instructed by a Government department in the Kids Company directors’ disqualification proceedings in the High Court (Re Keeping Kids Company [2021] EWHC 175 (Ch)).
- Successfully obtaining a circa £300,000 judgment in the High Court on behalf of the assignees of a liquidator’s claim against former directors of a company pursuant to breach of Companies Act duties, fiduciary duties and breach of trust.
- Advising in relation to the interaction between Part 7 and the insolvency regime in the context of a High Court misfeasance claim.
- Successfully resisting an appeal in the High Court brought by a bankrupt, involving complex issues of capacity and associated litigation strategy.
- Successfully appearing in the High Court on behalf of liquidators seeking provision of documentation pursuant to s.234 and s.236 of the Insolvency Act 1986 and securing costs in full.
- Examining a bankrupt under s.333, s.363 and s.366 of the Insolvency Act 1986 in relation to his dealings, affairs and property before the insolvency court
- Providing advice in relation to claims made against a director pursuant to s.216 of the Insolvency Act 1986 (prohibited name)
- Regular High Court and County Court appearances pursuant to applications made by trustees, liquidators and administrators, including in relation to:
- Orders for possession and sale;
- Bankruptcy petitions and associated applications;
- Transactions at an undervalue;
- Winding up petitions;
- Administration extension applications;
- Liquidators’ fees applications; and
- Applications for specific documentation.
- Assisting in advising in respect of a liquidator’s multi-million pound claim against the directors of a complex domestic and offshore umbrella scheme.
- Producing the first draft of a skeleton argument for a senior member of Chambers in the High Court in respect of a liquidator’s claim pursuant to resignation payments made by an LLP to its former partners.
- Assisting in advising in respect of claim made by a landlord against its former tenant following the tenant’s entry into a CVA.
- Successfully appearing in the Central Family Court on behalf of the trustees in bankruptcy pursuant to a jurisdictional dispute.
- Producing a Particulars of Claim in a claim made by a liquidator against former directors of a wholesale food company pursuant to an overdrawn director’s loan account.
- Property
Property
Michael accepts instructions across the broad spectrum of property law, and is currently involved in a significant chain of commercial lease disputes between a major high street retailer/tenant and its landlords across its UK portfolio. He has particular experience in respect of the impact of COVID-19 on commercial rent arrears liability, as well as terminal dilapidations claims. He frequently appears in the County Court in relation to property instructions at both the interim and trial stage.
Recent work includes:
- Successfully acting in urgent High Court injunctive proceedings on behalf of the respondent (an international property company) brought by a disgruntled leaseholder applicant in the context of a substantial commercial development.
- Advising a major rail transport operator in respect of a number of disputes, including in relation to covenants, easements and rights of way regarding several sites across the UK.
- Drafting multiple statements of case/advices pursuant to arrears arising from commercial leases as a consequence of the global pandemic on both the claimant landlord and defendant tenant standpoints.
- Being led by senior Counsel (Phillip Patterson) in relation to a TOLATA 1996 dispute involving complex legal issues relating to common intention constructive trusts and proprietary estoppel.
- Providing advice at short notice in relation to High Court urgent injunction proceedings brought by a consumer against a major energy supplier in respect of his residential property.
- Successfully appearing on behalf of a lettings agent resisting a claim made by a landlord for damages arising pursuant to a problem tenant, raising complex issues of issue estoppel and res judicata.
- Regularly drafting dilapidations Particulars of Claim on behalf of commercial landlords.
- Obtaining a £250,000 judgment and costs order in respect of a loan agreement secured against a debtor’s property.
- Obtaining strikeout at trial of a leaseholder’s case on behalf of a freeholder in respect of an administration charges dispute.
- Obtaining a £75,000 judgment and full costs pursuant to a claim for rent arrears in respect of a high-value London property.
- Regular appearances in the County Court in respect of mortgage possession and landlord and tenant hearings.
- Regular appearances in possession proceedings issues against squatters and persons unknown at the interim and final stage.
- Successfully appearing at trial in the Magistrates’ Court on behalf of a local authority in relation to its claim against a property owner for non-domestic rates.
- Advising and then successfully appearing in respect of possession proceedings against a tenant who was unlawfully subletting the property via the online platform Airbnb.
- Advising and drafting pleadings regarding a challenging unlawful eviction claim involving a tenant with complex mental health issues.
- Advising in respect of a possession claim involving complex questions of a potential unlawful eviction.
- Providing advice and drafting proceedings on behalf of an architect alleged to have negligently advised in respect of a medieval religious building.
- Assisting a senior member of Chambers in a two-week trial pursuant to the enforceability of agreements between two directors regarding a significant property portfolio.
- Drafting an advice regarding a boundary dispute and alleged interference with a right of way.
- Assisting in advising in respect of a claim against a former commercial tenant which failed to remove its fixtures and fittings following departure from the premises.
- Producing written advice regarding the effect of various COVID legislation on the insolvency and property regime.
- Costs and litigation funding
Costs and litigation funding
Michael has a developing costs and litigation funding practice and welcomes relevant instructions.
Recent work includes:
- Successfully acting for a firm of solicitors resisting an application to set aside judgment against a former client in respect of unpaid legal fees amounting to over £250,000, pursuant to high-value divorce proceedings which reached the Court of Appeal. The application turned on whether the agreement between the solicitor and former client was a ‘contentious business agreement’ within the meaning of the Solicitors Act 1974. Michael successfully argued that it was not.
- Obtaining a favourable costs award following detailed written and oral submissions in High Court proceedings consequent upon a three-week trial led by David Lewis KC (SU Consultancy Ltd v Singh & Ors [2024] EWHC 1596 (Comm)).
- Successfully appearing unled (against King’s Counsel) in the High Court in respect of release of circa £4 million held in the Court Funds Office in relation to an international claim brought by a former company director against an insolvent company.
- Giving seminars and providing advice in respect of the newly-introduced Fixed Recoverable Costs (‘FRC’) regime.
- Regular appearances at the costs stage of trials and applications on all tracks.
Qualifications
- BA English Literature, University College London (First Class)
- MA Medieval Literature, University College London (Merit)
- Graduate Diploma in Law, University of Law (Commendation)
- Bar Professional Training Course, University of Law (Very Competent)
Awards
GDL/BPTC:
- Lord Denning Scholarship, Lincoln’s Inn
- Provost’s Award for Excellence, University of Law
- Finalist, University of Law Negotiation Competition
University College London
- Four Departmental Commendations for outstanding academic performance over three years, voted for by faculty Professors
- Sports Colours for representing UCL at varsity level on two occasions at cruiserweight (84kg) (Muay Thai Kickboxing)
- President (2011), Head of Training (2012) and Head of Equipment/Finance (2010) of UCL Muay Thai Kickboxing society
Languages
- Mandarin Chinese – intermediate/advanced (spoken), intermediate (written/read). Completed HSK (Hanyu Shuiping Kaoshi) Chinese Language Level examinations: HSK 1, HSK 3 and HSK 4.
- French: conversational