Memberships
Chancery Bar Association BPC Northeast Forum
Business & Commercial Law
Michael undertakes all forms of consumer and commercial contract disputes, including the drafting of shareholder agreements, sale agreements and IP licences.
Michael accepts instructions in individual and corporate insolvency matters, including contesting winding up petitions, administration petitions and other insolvency applications.
Michael has become one of the foremost minority shareholder dispute practitioners in the North Eastern circuit. He successfully acted for the petitioner in Re Watercor Ltd [2017] EWHC 1814, an unfair prejudice claim involving a quasi-partnership company. It was held that the court may assume that a purchaser would have included a formula taking into account subsequent performance.
Michael has wide ranging experience in consumer credit.
When claims for PPI first arose in the early 2010s, Michael took a role in drafting the early templates for pleadings under s.140A of the Consumer Credit Act 1974 for a local firm of solicitors which arose oput of the then leading case of Harrison v Black Horse [2011] EWCA Civ 1128.
He has since appeared on behalf of defendants in PPI, mortgage mis selling and a wide range of other credit matters.
Professional Negligence
Michael has a wealth of experience representing claimants in actions against mortgage brokers, surveyors, accountants, solicitors, architects and other professionals in Chancery Division.
In February 2021, Michael was the first counsel able to successfully resist a Defendant’s application to strike out a mortgage mis selling claim in Ross v Attanta [2021] EWHC 503 (Comm). The application turned on limitation date of knowledge pursuant to s.14A Limitation Act 1980.
Property Law
Michael represents claimants and defendants in all aspects of landlord and tenant, commercial and residential matters. His experience in property work includes easements, boundary disputes, restrictive covenants, property related torts and equitable rights and interests.
He is also an experienced counsel in partnership disputes, trusts, the administration of estates and intestacy disputes.
Privacy Notice
This privacy notice explains how, why and for how long Michael James will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Michael has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Michael can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Michael
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.