In chambers and in Government, Michael has gained experience across a wide range of public law issues, at policy development, operational, and litigation stages. Michael is well-versed in advising on:
- the scope and exercise of secondary and delegated powers;
- adequacy of consultation;
- procedural fairness;
- duty to give reasons;
- legitimate expectations;
- the public sector equality duty;
- the Human Rights Act 1998;
- immigration law and unlawful detention.
- Michael has experience of a variety of planning issues, including:
- judicial review, statutory review, and statutory appeals;
- enforcement appeals;
- permitted development rights;
- section 106 obligations and conditions;
- injunctive relief and connected committal proceedings; and
- other development-related issues such as covenants and easements.
- Michael welcomes instructions from all those interested in the planning process, including local authorities, developers, local residents, and community groups.
Michael has gained experience in this field, including:
- private and statutory nuisance;
- statutory compensation claims;
- the Renewable Heat Incentive Regulations;
- energy efficiency regulation of energy-using products;
- SEA and EIA Directives;
- Aarhus Convention claims, in particular the costs capping regime;
- Habitats Directive and Regulations; and
- Fire safety measures in residential accommodation and sports grounds.
- International, EU and domestic EU Exit law
- Michael has experience advising on international, EU, and EU Exit law in relation to:
- international road safety law, including autonomous vehicles;
- type-approval of vehicles under international and EU law;
- regulation of energy-using products;
- the provisions of and powers under the European Union (Withdrawal) Act 2018;
- State Aid and the General Block Exemption Regulation;
- SEA and EIA Directives;
- Aarhus Convention;
- Habitats Directive and Regulations.
Highways and waterways
Michael has experience advising and litigating in respect of:
- the express and implied dedication of highways;
- stopping up orders;
- extinguishment of rights of way under Natural Environment and Rural Communities Act 2006;
- highway maintenance and drainage;
- riparian rights, including rights to flow in natural and non-natural waterways; and
- alterations to the definitive map and statement.
Michael provides advice and advocacy to local authorities, the police, and private parties in licensing matters, including:
- reviews and summary reviews of premises licences;
- appeals to the magistrates’ courts against licensing decisions taken by local authorities;
- police and local authority powers to enforce against licensable activities undertaken without authorisation;
- Mandatory, additional, and selective licensing schemes for Houses in Multiple Occupation;
- Home Office licensing of controlled drug possession, supply, and import/export.
Police and anti-social behaviour law
Michael advises police authorities and appears before the magistrates' courts in respect of civil matters, including:
- Closure orders against residential and commercial properties and community protection notices under the Anti-Social Behaviour, Crime and Policing Act 2014;
- Forfeiture of cash detained under the Proceeds of Crime Act 2002;
- Removal of notification requirements / removal from ‘sex offenders’ register’ under the Sexual Offences Act 2003.
Michael has experience advising public authorities and private parties on the Freedom of Information Act and Environmental Information Regulations, including the making and challenging of disclosure decisions.