Michael Harvey QC

Michael Harvey QC

General Information

MA, LL.B (Cantab).
Uthwatt & James Mould Scholarships, Gray’s Inn.
Bencher and past Master of Students, Gray’s Inn.
Deputy High Court Judge,
Recorder.

 

Current Practice - Summary

Called to the Bar 1966 and commenced pupillage with Raymond Kidwell Q.C..  Commenced in practice at 2 Crown Office Row, Temple in 1967.  Appointed Queen's Counsel in 1982.  Appointed Recorder of the Crown Court in 1986. Deputy High Court Judge since 1995.

 

Professional Guide

Recommended as a 'Leading Silk' in Chambers & Partners (2009) in the fields of Professional Negligence (general) and Professional Negligence (Technology & Construction). Described as 'one of the leading minds of the field', 'a go-to barrister for written opinions on technical policy points'

Recommended as a 'Leading Silk' in The Legal 500 (2008) in the fields of Insurance and Professional Negligence. 

Recommended as a 'Leading Silk' in Chambers & Partners (2008) in the fields of Professional Negligence (general) and Professional Negligence (Technology & Construction), described as ‘outstanding for coverage issues and conflicts between professionals and their insurers'

 

Practice

Predominantly civil and commercial matters, including but not limited to: insurance and reinsurance law, construction and engineering contracts, commercial and contractual disputes, arbitration, professional negligence, tortious disputes, product liability, company law, international arbitration, financial services, conflict of laws, sale of goods, carriage of goods, agency.

 

Construction and engineering

Cases include:

  • IBA v EMI v BICC 11 BLR 29 (collapse of television transmitting mast at Emley Moor) (Herbert Smith)
  • Townsend v Stone Toms 27 BLR 26 (architects' negligence) (Stephensons Harwood)
  • Welsh Health Technical Services Organisation - Rhyl Hospital (HH Judge Newey, engineers' negligence in respect of reinforced concrete design of a hospital) (Beale & Co)
  • Steamship Mutual v Trollope & Colls [1986] 33 BLR 77 (architects' negligence) (Richards Butler)
  • Hearts of Oak Benefit Society (HH Judge Newey, double glazing and building design) (Field Fisher)
  • Comben Homes (Mr Recorder Butcher QC, foundation design) (Denton Hall)
  • Heron Homes v BDG Design (1991 HH Judge Fox Andrews)     (architects' negligence) (Saunders Sobell)
  • British Telecom v Satronic (May 1995, HH Judge Paynter-Reece, electronic controls) (Wyeths)
  • Friends Provident v Hillier Parker [1996] 2 WLR 123 (surveyors - restitution) (Cameron McKenna)
  • Colville Estate v Strutt & Parker (October 1997, HH Judge Bowsher QC, surveyor's - development advice) (Reynolds Porter Chamberlain)
  • Tarmac v Pyeroy (November 1998, HH Judge Wilcox, M40 Motorway bridges) (Merricks)
  • Polygram ( 2000, HH Judge Bowsher QC, designers of computerised warehouse system) (Cameron McKenna)
  • The Light, Leeds (2007, Jackson J., quantity surveying dispute, shopping mall) (Mills & Reeve)

Has also undertaken advisory work in relation to various construction/engineering matters, including Chelsea and Westminster Hospital, Waterloo Station Eurostar Terminal, Great Eastern Hotel, Singapore tunnel collapse, Buncefield explosion.

 

Arbitration

Has worked in Hong Kong, Australia, Qatar, Japan, United States of America and Europe on international arbitrations.

Has been admitted to the Hong Kong Bar.

International arbitration work has included acting:

  • for Middle Eastern claimants in an ICC arbitration concerning the destruction of a natural gas fractionation plant and welding issues (Herbert Smith)
  • for the Government of Queensland in a sugar arbitration. (Linklater & Paines)
  • for Japanese Claimants in an arbitration concerning land development in Brunei.  (Herbert Smith)
  • for English and Egyptian contractors in respect of a tunnel under the Suez Canal. (Rowe & Maw)
  • for Saudi Arabian civil engineering contractors in a joint venture dispute.  (Herbert Smith)
  • for a Canadian paper mill against English engineering contractors. (Herbert Smith)
  • for Hong Kong contractors in relation to a development in Hong Kong.  (Denton Hall & Burgin)
  • for Swiss manufacturers/designers of aluminium railway wagons. (Herbert Smith)
  • for English consultant engineers in respect of work in Iran. (Cameron McKenna)
  • for Caribbean Refinery Owners in respect of engineering works (Davies Arnold Cooper)
  • for Caribbean Claimants in gas contract dispute (Davies Arnold Cooper)
  • for a Russian oil company in respect of an oil trading dispute
  • for Insurer claimants in a Russian insurance contract dispute (Kennedys)
  • for Caribbean claimants in a hurricane damage dispute (Beachcroft)

 Domestic arbitration work has included Lloyds reinsurance disputes.

Michael Harvey QC also acts as an arbitrator in both domestic and international disputes and as an Adjudicator in relation to construction matters. He has sat as a Deputy Chairman of the Appeal Committee of the Institute of Chartered Accountants in England and Wales.

       

Insurance and reinsurance

Cases include:

  • Bragg v Oceanus [1982] 2 LR 132 (reinsurance - relitigation of issues)  (Herbert Smith)
  • General Reinsurance v Fennia Patria [1983] QB 856 (insurance - Lloyds slip) (Ince & Co.)
  • CTI v Oceanus [1984] 1 LR 476 (insurance - non-disclosure) (Herbert Smith)
  • Mark Rowlands v Berni Inns [1986] 2 QB 211                   (insurance - landlord's covenant to insure) (Cameron McKenna)
  • Pryke v Gibbs Hartley Cooper [1991] 1 LR 602 (Lloyds brokers - financial guarantee) (Cameron McKenna)
  • Baxenden Chemicals v NEM (Jan. 94 Longmore J. Insurance brokers' negligence) (Elliott & Co.)
  • Sund Emba v Skandia (July 94.  Clarke J.  export guarantee reinsurance) (Cameron McKenna)
  • New Hampshire v Oil Refineries Ltd [2002] 2 LR 462 (non disclosure) (Hextall Erskine)
  • Midland Mainline v CU  and others [2004] LRIR 22 (David Steel J, train operators business interruption following Hatfield derailment) (Davies Arnold Cooper)
  • Mabey & Johnson v Ecclesiastical Insurance [2004] LRIR 10 (Morison J, aggregation of claims)
  • Ladbroke Grove railway accident (2003 - 2004) (Halliwell Landau)
  • Class action securities litigation in the United States (2003) (Cameron McKenna)
  • RSA v Dornoch ([2004] LRIR 826, Aikens J, reinsurance, claims control) (Mills & Reeve)
  • Midland Mainline v Eagle Star [2004 LRIR 739, (Court of Appeal, business interruption, proximate cause) (Davies Arnold Cooper)
  • Bolton v Municipal Mutual Insurance  [2006] 1 WLR 1492 (Court of Appeal,  Public Liability and Mesothelioma) (Halliwells)
  • Kidsons v Lloyds Underwriters [2008] LRIR 239 and [2009] LRIR 178 (professional indemnity, notification clauses) (Herbert Smiths)

Has also advised on many insurance issues. Has drafted policies in the public, products and employers liability fields and for Contractors All Risks. Has advised on many aspects of insurance law arising out of construction/engineering matters, including Heathrow tunnel collapse, Jubilee Line cofferdam problems, Channel Tunnel, Hong Kong's new airport, London Eye, Channel Tunnel Rail Link.

 

Commercial and Company

Cases include:

  • Transcontainer v Custodian Security [1988] 1 LR 128 (carriage of goods - bailment) (Crossman Block)
  • The Fiona [1993] 1 LR 257 and [1994] 2 LR 506 (shipping, Hague-Visby Rules, dangerous cargo) (Jarvis & Bannister)
  • VSO v Midland Bank v British Aerospace (Jan. 93 Vinelott J. North Sea venture) (Clifford Chance)
  • Barlow Clowes litigation 1994 - Investment advisers (Fishburn Boxer)
  • Abbey Life v Mortgage Systems Ltd. (insurance backed mortgage lending) (Cameron McKenna)
  • Deeny v Littlejohn Frazer (Times 19 Jan. 95) (Lloyds litigation - auditors' alleged negligence) (Cameron McKenna)
  • Interallianz v Allsop (June 1997, Thomas J, valuers' negligence) (Cameron McKenna)
  • Wolverhampton v Herring Son & Daw (Rattee J, Company takeover and valuer's negligence)
  • BCCI litigation in Cayman Islands (1998 - claims against directors)
  • Dransfield v AIWA (1998, Hong Kong minority shareholders dispute)
  • British & Commonwealth v Atlantic Computers (company takeover, claims against directors, auditors' negligence) (Cameron McKenna)
  • Bank of Credit & Commerce Gibraltar v Spicer & Oppenheim (April 1999, Rimer J, auditors' negligence arising out of BCCI collapse. (Cameron McKenna)
  • Bradford & Bingley v Hays Burton J. standard form exclusion clauses (Cameron McKenna)

 

Professional negligence

Cases include:

  • Jarman v Bingham Conyers March 93 (accountant's negligence) (Cameron McKenna)
  • Eusden v F (May 93 Morland J, barrister's negligence) (Cameron McKenna)
  • Taff v Williamson (Nov. 94, solicitors' negligence) (Shulmans)
  • Lewis Thirkell v V&H (Sept. 95, Drake J, barrister's negligence) (Reynolds Porter Chamberlain)
  • Tamlura v Cameron McKenna (March 2009, Mann J, solicitors drafting sale and purchase agreement for sale of company) (Mayer Brown)

Has been admitted to the Cayman Islands Bar

 

Product liability

Cases include:

  • Albery v Shell & BP (Lead in petrol litigation) (Court of Appeal)
  • Whooping cough litigation
  • Shell Chemicals v Vinamul Times 25 March 1991 (supply of cavity insulation on a National basis leading to extensive remedial costs)
  • Smoking litigation (Kennedys)
  • Benzene in carbon dioxide - contaminated drinks litigation 1998 (Hextall Erskine)
  • Defective roofing tiles 1999 - 2001 Beachcroft Wansbroughs)

 

Other tortious disputes

Cases include:

  • Groom v National Hospital Hobhouse J.  (medical negligence) (Geoffrey Beccle)
  • White Finger litigation (Herbert Smith)
  • Hussain v New Taplow Paper Mills [1988] AC 514 (deduction of payments under employer's health insurance scheme) (Wm. A. Merrick)
  • Kremin v Duke Street (HH Judge Bowsher, dust pollution) (Saunders Sobell)
  • Banque Bruxelles Lambert v Eagle Star/BNP Mortgages v Key Surveyors [1995] QB 375 (valuers' negligence - fall in value of market) (Davies Arnold Cooper)
  • Brostoff v Clark Kenneth Leventhal New Law Digest 11 March 1996 Dyson J. and Court of Appeal (accountants' duty of care - private activities of employee) (Cameron McKenna)

 

Publications/Seminars

Joint author of the title "Damages" in Halsbury’s Laws of England (Butterworths, 4th edition).

 

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