Michael Harper

Commercial

Michael handles a spectrum of commercial work, from smaller disputes concerning the supply of goods or services and general contractual matters through to substantial high-value litigation. Michael’s practice in this area benefits from a depth of academic and practical experience prior to joining Chambers.

Selected Cases

• Advising a major insurer in connection with an eight-figure arbitration against an agent.
• Defending a £5m claim involving two of the largest global banks and a prime brokerage firm, involving issues of contractual interpretation and foreign law.
• Defending a claim brought in contravention of a settlement agreement, with issues of offer and acceptance, interpretation and termination.
• Michael is regularly instructed to act on behalf of major removals businesses in relation to disputes.
• A variety of enforcement proceedings, including relating to charging orders.

As a pupil, Michael assisted on matters including:

• Spire Healthcare v RSA [2018] EWCA Civ 317. Court of Appeal decision concerning the proper interpretation of an aggregation clause. Assisting Michael Harvey QC and Daniel Shapiro QC.
• Court of Appeal proceeding concerning the proper date for the assessment of damages and High Court proceedings concerning the detailed quantification thereof. Assisting Michele De Gregorio.
• Contractual and equitable claims arising out of a joint venture agreement. Assisting Michele De Gregorio.

Michael had significant experience in this area prior to joining Chambers, including:

• During 2016-17, Michael was the Judicial Assistant to Lady Justice Gloster, then Vice-President of the Court of Appeal. Michael’s work typically involved appeals arising from large commercial or common law disputes.
• Hughes-Holland v BPE [2017] UKSC 21. Michael assisted with the appeal in this landmark decision, in which the Supreme Court restated SAAMCO principles.
• Bonhams v Lawson & Ors [2015] EWHC 3257 (Comm). £11m multi-party commercial dispute, in which Michael assisted in the favourable determination of a preliminary issue and settlement on the eve of a six-week trial.
• Michael has previously tutored in Commercial Law at the University of Oxford.

Articles

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Hindsight is 20/20: Assessment of damages in light of Covid-19

News

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Carlo Taczalski and Michael Harper successful in forcing discontinuance after 5 week trial

Read more

Qualifications

• BPTC
• BCL, University of Oxford
• BA Hons, University of Oxford
• Lord Denning Scholarship, Lincoln’s Inn
• Graduate Fund Scholarship, Oxford Law Faculty

Memberships

• COMBAR