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Areas of Practice
The Chesham Arms, asset of community value, to reopenRead More
First-Tier Tribunal determines appeal under the Assets of Community Value (England) Regulations 2012Read More
Discrimination Claims: The Equality Act 2010 and Key CasesRead More
Michael Lee has a broad litigation practice across Chambers’ areas of work. He has extensive advocacy experience and regularly appears in a range of courts and tribunals. Michael is ranked in Chambers and Partners (Employment law), with the 2017 edition describing him as “extremely thorough”, “extremely hard-working”, “able to pick up the facts of a case very quickly”, and “very personable and good with the client”. It also notes that “sources value his measured approach to sensitive matters”. Previous editions described Michael variously as “a shrewd and knowledgeable lawyer” who is “unflappable”, “down-to-earth” and “clearly very bright”.
Michael undertakes a broad range of commercial and employment law work. His High Court work includes acting in cases involving injunctive relief and restraint of trade issues, both as sole and junior counsel. He is regularly instructed in conspiracy and economic tort claims, as well as cases involving breaches of directors’ duties, fiduciary duties and duties of confidence. Michael has appeared in a three week trial concerning team moves, fiduciary duties, and conspiracy (Lonmar Global Risks Ltd v West & Ors  IRLR 138, led by Richard Leiper) and acted as sole counsel in a 4 day High Court trial concerning breach of confidence and springboard relief (Personal Management Solutions Ltd v Brakes Bros Ltd  EWHC 3495 (QB)). Michael was recently a member of a large team of counsel representing a former employee of an insurance brokerage in a case involving an alleged team move, which settled before a 5-week trial. He has recently advised on an application to set aside service out in a claim under section 212 of the Insolvency Act 1986, a case concerning breaches of fiduciary duty by an LLP member, and a shareholder dispute.
Michael has acted in a wide variety of complex, high value Employment Tribunal cases, both as sole and junior counsel. Chambers and Partners 2017 comments that he “has an impressive employment law practice and is recognised for his strength in discrimination and whistleblowing matters”. He acts for a diverse range of clients, and has particular experience in the financial services and sports sectors. Michael was recently instructed (led by Daniel Stilitz QC) by Chelsea FC and José Mourinho to defend high profile claims brought against them by a former-doctor (settled on day 2 of a 2 week hearing). In April 2016, Michael was instructed (led by Daniel Stilitz QC) by an investment bank in a whistleblowing claim, which included an urgent appeal to the EAT (UKEAT/0058/16/DM) before it settled on day 4 of a 3 week hearing. Michael’s recent work as sole counsel includes a 5 day whistleblowing claim in which he represented the claimant (a Finance and Operations Director), a 7 day age and race discrimination claim in which he acted for the respondent (a food manufacturer), and a 7 day claim involving allegations of allegations of pregnancy/maternity discrimination and associated disability discrimination in which he acted for the respondent (a healthcare provider). Michael recently appeared in the EAT in an appeal concerning employment status in the context of whistleblowing claims (Keppel Seghers v Hinds  ICR 1105).
Michael also undertakes a wide range of public law and regulatory work. He acted (led by Clive Lewis QC) in judicial review proceedings concerning a challenge to a European-wide prohibition on the sale of certain meat products (R (Newby) v Food Standards Agency  EWHC 1966 (Admin)), including acting as sole counsel in defence of the Claimant’s application for an interim injunction to dis-apply the prohibition. Michael’s public law practice has a particular focus on cases involving the Asserts of Community Value regime in the Localism Act 2011. He has extensive expertise in this field, having acted in a large number of appeals, such as Patel v Hackney CR/2013/0005 (the first appeal to the First-Tier Tribunal under ACV regime), Kicking Horse Ltd v Camden CR/2015/0012 (an appeal considering the extent to which individuals parts of a building should be given separate consideration under the ACV regime), and Mendoza Ltd v Camden CR/2015/0015) (an appeal considering the requirements that an organisation must meet to make a valid ACV nomination). Michael has also represented the Financial Reporting Council in proceedings concerning the extent to which it is subject to the Freedom of Information Act (Miller v FRC EA/2014/0113) and appeared in a case concerning a journalist’s access to information about athletes’ drugs testing (UK Anti-Doping Ltd v ICO EA/2013/0177).
Michael graduated with a first class degree in Law from St Catharine’s College, Cambridge University. He is a member of the Commercial Bar Association, the Employment Lawyers Association, the Employment Law Bar Association and the Constitutional and Administrative Law Bar Association.
Christie v Health Management Limited (2016)
Represented the Respondent in a 7 day Employment Tribunal hearing involving allegations of pregnancy/maternity discrimination and associated disability discrimination.
Carneiro v Chelsea FC; José Mourinho (2016)
Acted (led by Daniel Stilitz QC) for the Respondents in defence of claims brought in the Employment Tribunal by a former-doctor, which settled on day 2 of a 10 day hearing.
Kicking Horse Ltd v Camden CR/2015/0012
Acted for the Respondent in an appeal considering the extent to which individuals parts of a building should be given separate consideration under the Assets of Community Value regime in the Localism Act 2011.
Mendoza Ltd v Camden CR/2015/0015
Acted for the Respondent in an appeal considering the requirements that an organisation must meet to make a valid nomination under the Assets of Community Value regime in the Localism Act 2011.
A v B (2015)
Acted for the Claimant in an application for injunctive relief against 5 Defendants alleged to have established a new business in competition with their former employer (led by Richard Leiper).
C v D (2015)
Acted for the Respondent in a complex disability discrimination claim which settled shortly before a 12 day hearing (led by Clive Sheldon QC).
Personal Management Solutions Ltd v Brakes Bros Ltd  EWHC 3495
Acted as sole counsel in a High Court trial concerning breach of confidence.
Keppel Seghers v Hinds  ICR 1105
Acted for the Claimant (the Respondent in the EAT) in an appeal concerning the extended definition of “worker” for the purpose of whistleblowing claims.
R (Newby Foods Limited) v Food Standards Agency  EWHC 1966 (Admin)  EWHC 2132 (Admin)
Represented the Defendant in relation to the Claimant’s challenge to a European prohibition of certain meat products (led by Clive Lewis QC) and acted for the Defendant in relation to the Claimant’s application for interim relief.
Patel v London Borough of Hackney & Ors CR/2013/0005
Instructed by Hackney in the first appeal to the First-Tier Tribunal under the Assets of Community Value (England) Regulations 2012.
Lonmar Global Risks Ltd v West & Ors  IRLR 138
Represented the Claimaint in a 3 week trial concerning team moves, employees’ fiduciary duties, and conspiracy (led by Richard Leiper).
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