Michael Kent QC

Michael Kent QC

General Information

Deputy Head of Crown Office Chambers
BA (Sussex).
Recorder.

 

Professional Guide

Chambers & Partners 2010 - listed as a Leader of the Bar
"an exceptional advocate who has an impressive ability to deal with complex developing areas of law"
"one of the finest appellant QC's of his generation"

Legal 500 2009 - listed as a Leading Silk
"combines legal acumen, intellectual prowess, with common sense, humility and a sense of humour"

Chambers & Partners 2009 - listed as a Leader of the Bar
"an enormous intellect, yet is pragmatic and down to earth"

Legal 500 2008 - Listed as a Leading Silk
"commended for his highly intelligent but equally pragmatic approach"

 

Practice

CAREER SUMMARY

His practice is in professional (including clinical) negligence, personal injuries, property disputes involving developers, product liability, land contamination and related litigation. He also has a public law practice and advises on VAT. 

He was a junior Treasury counsel (Common Law supplementary panel) from 1988 to 1996 when he took silk and has since been involved in a variety of proceedings for central government departments in judicial review (including statutory appeals to the High Court from Tribunals) and private law actions.  Some of this work involves considerations of European Community law and he has appeared in the ECJ.

He has acted in a number of test or group actions including contaminated blood products, the Camelford water pollution cases, CJD from human growth hormone, asbestos-related pleural plaques, industrial deafness in Midlands clothing industries; dermatitis from contact with chemicals in furniture (the Linkwise/Eurosofa litigation), claims by veterans of UK atom bomb tests in 1950s; historic child abuse cases.

He acted for Customs & Excise in a number of actions alleging misfeasance in public office and malicious prosecution including those arising out of alleged illegal export of arms to Iraq. He has experience of civil jury trials.

In 2007-8 he was leading counsel instructed on behalf of a claimant who achieved one of the largest known settlements for personal injuries with a lump sum of £5.5 million and periodical payments for life of £350,000 per annum appropriately indexed. The capitalised value of the settlement was in excess of £14 million

He regularly advises on insurance coverage disputes and policy wording.

He undertakes work in the Queen's Bench and Chancery Divisions and in the Technology and Construction Court as well as appellate work at all levels.

He is a Recorder and deputy High Court judge.

 

PRACTICE

Professional negligence (solicitors, accountants, surveyors)
Personal injuries
Clinical negligence
Product Liability
Administrative law
Regulatory proceedings
Land contamination/nuisance
Value Added Tax and other duties managed by HM Revenue and Customs

 

PROFESSIONAL MEMBERSHIPS

London common Law and Commercial Bar Association (Vice Chairman)
Administrative Law Bar Association
Tecbar
Member Of The Bar Council Quality Advisory Panel

 

PUBLICATIONS

Widening the Scope of Review for Error of Fact Judicial Review December 1999

"Nell Gwynn: A tax loophole closed" Trusts and Estates Law Journal July/August 1999

 

EDUCATION, TRAINING AND QUALIFICATIONS

1965-1969       Nautical College Pangbourne
1970- 1973      University of Sussex, BA (Hons) Politics
1973- 1975      Inns of Court School of Law      

 

Selected Cases

BT v Royal Mail Group Ltd [2010] EWHC 8 (QB) Devolution of tort liabilities under statutory reorganisation

Royal Bank of Scotland v Chandra [2010] EWHC 105 (Ch) Duties owed by bank to sureties of customer's liabilities under building contract.

Sabin v BRB (Residuary) Ltd [2010] EWHC 267 (QB) causation of asbestosis in low dose case: significance of pathology findings and Helsinki criteria.

Glaister Appleby in Westmoreland Town Council [2009] EWCA Civ 1325 Whether a Town Council owed a duty of care to ensure public liability insurance in place for annual horse fair

The Office of Fair Trading v Foxtons Limited [2009] EWCA Civ 288; [2010] 1 WLR 663 scope of power to seek injunction conferred by EU Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts  and the Unfair Terms in Consumer Contracts Regulations 1999.

Pierce v Doncaster MBC [2008] EWCA Civ 1416; [2009] Fam. Law 202. Liability of local authority for failure remove child from parents: limits to scope of duty of care in light of conflicting statutory functions and role of Juvenile Courts.

Rice v Secretary of State of Business Enterprise & Regulatory Reform; Thompson v Same [2007] EWCA Civ 289 and [2008] EWHC 3216 (QB) (common law liabilities of National Dock Labour Board to registered dock workers in 1950s and 1960s)

Neil Martin Ltd v HMRC [2007] EWCA Civ 1041 acted for Respondents (HMRC) in Ch Div and CA: no action lies for breach of statutory duty in relation to the processing and issuing of Construction Industry Tax deduction certificates and the Revenue owe no duty of care at common law in respect of administrative mistakes made in carrying out  tasks pursuant  to those statutory functions in the absence of some separate and additional assumption of responsibility by an official.

Rothwell v Chemical Insulating Co. Ltd [2007] UKHL 39; [2008] 1AC 281; [2007] 3 WLR 876: acted for EL insurers (NU and Zurich) in House of Lords (and previously in High Court and Court of Appeal)  in test cases establishing that employers have no liability for asbestos-related pleural plaques and no claim for free-standing psychiatric injury.

The Nottinghamshire & Derbyshire Industrial Deafness Litigation [2007] EWHC B1 (QB) test claims  alleging exposure to noise levels below thresholds at which government guidance of the time advised protective intervention: no common law duty to take additional measures absent special knowledge of vulnerability.

Vibixa Ltd v Komori UK Ltd & ors. [2006] EWCA Civ 536; [2006] 1 WLR 2472: no claim for breach of statutory duty (in respect of property damage and economic losses) for non-compliance with regulations implementing the Machinery Directive 89/392 EEC; enabling powers  and statutory instruments.

John Mowlem & Co Plc v Phi Group Ltd [2004] BLR 421 TCC (HHJ Gilliland QC) restitutionary awards for value of materials supplied by contractor to remedy sub-contractor's defects.

Ball v Druces & Attlee [2004] PNLR 39 p 745 - Solicitor's negligence in relation to setting up of charitable trust for Eden Project; failure to protect co-founder's interest; conflict of interest and breach of fiduciary duty; loss of a chance measure of damages.

Bank of Credit and Commerce International (in liquidation) v Ali and ors (No 2) [2002] 3 All ER 750 CA - Proof of causation of damage; loss of a chance; employment contracts; stigma.

F&I Services v Customs & Excise Commrs [2001] STC 939 CA advance clearance by tax authority and change of position

Rogers v Reeds Rains Prudential Ltd and ors. Lloyd J 21st December 2000 - fraud/misrepresentation re land transfer; development uplift, planning; development and valuation issues.

Satnam Investments Ltd v Dunlop Heywood & Others [1999] 3 All ER 631 CA - allegations of fraudulent misuse of confidential information in connection with commercial development opportunity; valuation of lost net development value; constructive trusts.

Customs & Excise Commrs. v British Telecommunications Plc [1999] 1 WLR 1376 VAT, composite supply, whether standard rated

R v Criminal Injuries Compensation Board ex parte A [1999] 2 AC 330 HL error of fact by tribunal due to fault of third party

Trustees of Nell Gwynn House Maintenance Fund v Customs & Excise Commrs [1999] 1 WLR 174 HL VAT treatment of service charges

Customs & Excise Commrs v The Chinese Channel (Hong Kong) Ltd [1998] STC 347 satellite broadcasting: place of supply under Art 9 EC Directive 77/388; Broadcasting Act 1990

Circuit Systems Ltd (in liq) v Zuken-Redac (UK) Ltd [1997] 1 WLR 721 CA software supply contract; effect of assignment of cause of action to principal shareholder.

The Creutzfeld-Jakob Disease Litigation: N v Medical Research Council and Department of Health [1996] 7 Med LR 309 54 BMLR 8 Morland J and CA-liability of Department of Health and Medical Research Council for clinical trials leading to contraction of CJD

Joyce v Wandsworth Health Authority [1996] PIQR P121 CA-medical negligence: locked in syndrome; causation; cardiologists and vascular surgeon

R v Criminal Compensation Board ex parte Cook [1996] 1WLR 1037 CA -interpretation of compensation scheme and entitlement of dependants

Barclays Bank Plc v Fairclough Building Ltd  [1995] QB 214 CA contributory negligence in a building contract

R v Criminal Injuries Compensation Board ex parte P [1995] 1 WLR 870 CA vires of compensation scheme

Feehan v Customs & Excsie Commrs [1995] 1 CMLR 193 precedent and EC law

Nyckeln Finance Ltd v Stumpbrook Continuation Ltd [1994] 2 EGLR 143 -commercial valuer's negligence

In re Lonrho Plc (No 2) [1990] Ch statutory restriction on share dealing

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