The Legal 500

Position

Barrister and California attorney, specialising in commercial and civil litigation and arbitration, particularly involving international/conflict of laws (such as jurisdiction, choice of law, recognition and enforcement, anti-suit and other injunction disputes), sale and carriage of goods, international tort claims, sports law, civil fraud, company, insurance and banking. Michael is also admitted in the British Virgin Islands and has appeared there and in Gibraltar (at first instance and in the Court of Appeal, as well as before the Gibraltar Financial Services Commission). Michael also acts as an expert in English and European law in US and other foreign courts. Michael is a member of the Institute of Chartered Arbitrators and accepts instructions as an arbitrator. Illustrative recent reported cases include DSG International Sourcing v Universal Media [2011] EWHC 1116 (Comm) (jurisdiction agreements); ‘The Athena’ [2011] EWHC 589 (Admlty) (whether fire services for a vessel off Chile were on an agreement containing a BIMCO Wreckhire form); Emma Moore v Hotelplan Limited, trading as Ingham Travel and Tantera [2010] EWHC 276 (QB) (successful claim for a claimant in a major ski-doo accident in Italy governed by English/Italian law); Westbrook Resources Ltd v Globe Metallurgical Inc [2009] EWCA Civ 3 10, 2 Lloyd’s Rep 224, CA (upholding judgment on behalf of English metal traders in an international sale of goods case, involving manganese ore sold in the USA); Lonrho Africa (Holdings) Ltd v Norse Air Ltd [2008] EWHC 322 (Comm) (obtaining mandatory injunctions to permit access to a South African airlines’ offices to conduct a forensic audit pursuant to a share purchase agreement); Knowlden v Tehrani [2008] EWHC 54 (Ch) (recovering ownership of various properties from the defendant fraudster at trial); Harding v Wealands [2007] 2 AC 1, (HL) (successful appeal on behalf of claimant seeking damages under English rather than Australian law in a tort claim; the leading decision on damages in international torts governed by the Private International Law (Miscellaneous Provisions) Act 1995); Catlin Syndicate Ltd v Adams Land & Cattle CO [2007] IR 96 (English jurisdiction & US service of suit clause in a Lloyds’ policy; obtaining discharge of an anti-suit injunction preventing Nebraska cattle farmers suing Lloyd’s underwriters in the USA); Totsa Total Oil Trading SA v Bharat Petroleum Corporation Ltd [2005] EWHC 164 1 (Comm) (obtaining judgment for oil company in face of defendant’s allegations of a set-off for water in the oil delivered); Bhatia Shipping v Alcobex Metals Ltd [2005] 2 Lloyd’s Rep 336 (obtaining a declaratory judgment in a multi-modal transport dispute, with parallel proceedings in India); O. T. Africa Line Limited v. Magic Sportswear Corporation [2005] 2 Lloyd’s Rep 170 (CA) (anti-suit injunction, comity issues relating to Canadian legislation); AMZCO v Cellstar Corp [2003] Lloyd’s Rep I.R. 295 (CA), (choice of law in insurance contracts, referred to the European Court of Justice); Rayner v Davies [2003] 1 All ER (Comm) 394, (jurisdiction in consumer contracts cases under the Brussels Convention); Frost v James Finlay Bank Ltd [2002] Lloyd’s Rep IR 503 (CA) (the question of a bank’s liability as an insurance broker in relation to a mortgage); The Ivan Zagubanski [2002] I Lloyd’s Rep 106, (anti-suit injunction arbitration exception under the Brussels Convention); The Kribi (No. 1) [2001] 1 Lloyd’s Rep 76, (antisuit injunctions and the Brussels Convention); The Botnica [2007] 1 Lloyds Rep 37 (charterparty ‘subject to’ signing, estoppels by convention); Crystal Palace v Dowie [2007] EWHC 1392 (QB) (football manager’s termination dispute); Charlton Athletic & Sankofa v The Football Association [2007] EWHC 78 (Comm), (application under s44 of the Arbitration Act 1996 in relation to the FA’s new fast-track disciplinary process).

Career

Called English Bar 1983; Inner Temple; called Californian Bar 1990; admitted in British Virgin Islands and Gibraltar 1995.Michael began his career in the chambers of George Carman QC, before joining 4 Essex Court (now Quadrant Chambers) in January 2000. Michael was called in the Californian Bar in 1990, and is also admitted in the British Virgin Islands. He has been admitted on a number of cases in Gibraltar. Michael has acted as an adjunct professor of law at Pepperdine University, Malibu, California. In addition to his legal practice, he is a regular commentator on both television and radio on British and American legal issues, and has made documentaries for Sky News in this role. Michael also lectures and writes on areas of his practice. Publications of note: author of anti-suit injunction sections in Butterworth’s ‘Commercial Court and Arbitration Pleadings’ (2005). Recent publications include: ‘Forum Non Conveniens in the US: Are the Courtroom Doors Finally Shut’ (JPIL, March 2008, pp58-81); ‘Road Traffic Accidents in Europe: A Major Victory for Claimants before the European Court of Justice’ (JPIL, March 2008), pp89-96); ‘Foreign Compensation Systems and Personal Injury Claims’ (JPIL, September 2007, p273-286).

Member

California State Bar; COMBAR; Chancery Bar Association; Chartered Institute of Arbitrators.

Education

St Anselms College, Birkenhead; Oxford; Chester College of Law; (1981 BA Hons ancient and modern history; 1982 common professional exam); Inns Court School of Law (1983 Bar Finals).

Leisure

Music, travel, history.

Practice Areas

International commercial arbitration; Litigation - commercial; Shipping - marine