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Barristers

Michael Spencer

Michael Spencer

Position

Michael’s expertise covers public law and human rights, immigration, inquests, and personal injury. He is regularly instructed in civil claims, tribunal appeals and judicial review claims, including in urgent applications for interim relief. He is particularly strong on the intersection between immigration law and social welfare issues and has appeared in a number of significant test cases in the higher courts. Michael draws upon his previous experience as a human rights solicitor working in the asylum and social security sectors.

Michael also has a busy civil law damages practice, specialising in personal injury, human rights and actions against public authorities. He is an effective trial advocate and represents Claimants in High Court and County Court proceedings, as well as in damages claims transferred from the Administrative Court.

Career

Year of call: 2017

Administrative and Public Law

Michael’s public law practice covers immigration, discrimination, children’s rights, social security, and community care law. He has a particular expertise in issues involving the intersection between immigration and social welfare law, including asylum support, community care, age assessment, and retained EU law.

Prior to coming to the bar, Michael was the legal officer for the Child Poverty Action Group, where he conducted test case challenges to cuts to welfare entitlement, including in Case C507/12 Saint Prix v United Kingdom; R(Rutherford) v Secretary of State for Work and Pensions [2016] UKSC 58; SG and Others v Secretary of State for Work and Pensions [2015] UKSC 16; and R(Winder) v Sandwell Borough Council [2014] EWHC 2617 (Admin).

Immigration

Michael’s immigration practice covers all areas of asylum and immigration law, including tribunal and judicial review proceedings. He is particularly valued for his expertise in asylum support and appeals under the EU Settlement Scheme. He also regularly represents claimants in claims for damages for unlawful detention and other related breaches of human rights.

Personal Injury and Clinical Negligence

Michael regularly acts for claimants and defendants in personal injury claims, including clinical negligence, industrial disease, and employer’s liability cases. He has appeared in County Court and High Court proceedings up to and including trial. He is frequently instructed to draft pleadings and to advise in conference on liability and quantum. Michael was seconded to a leading claimant clinical negligence firm, where he gained experience in high-value catastrophic injury claims.

Actions Against the Police and Public Authorities

Michael accepts instructions in claims against public authorities, including actions for damages against the police and social services and unlawful detention claims. He is an author for the most recent edition of the Legal Action Group Police Law Handbook.

Professional Negligence (Immigration)

Combining his immigration and civil law expertise, Michael acts in professional negligence claims involving sub-standard immigration advice, including claims for loss of earnings as a result of losing immigration status. His work includes a successful judicial review challenge against a decision of the Legal Ombudsman concerning negligent OISC-regulated advice and securing high-value damages for loss of earnings against a solicitor’s firm.

Inquests and Inquiries

Michael is an experienced inquests practitioner, having represented families and other interested persons in a variety of inquests, often in cases involving prison deaths, healthcare issues, and police failures.

Memberships

Administrative Law Bar Association

Personal Injury Bar Association

Education

Legal Practice Course (Nottingham Law School) – Distinction

Graduate Diploma in Law (BPP Law School) – Commendation

MA(Hons) in History (Warburg Institute) - Merit

BA(Hons) in Modern History (Oxford University) – First Class

Mentions

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