Personal Injury
Michael regularly acts for claimants and defendants in a range of complex matters, including catastrophic injury claims and has achieved some of the largest known settlements. He is frequently instructed in group actions and to argue points of law of general application (and he advises on costs sharing orders under GLOs and on third party costs orders).
He has many years’ experience of acting for claimants and defendants in head injury cases including those in which more subtle damage is said to have long-term consequences (e.g Crofts v Murton [2008] EWHC 3538 (QB) where senior police officer suffering, inter alia, brain damage causing cognitive deficits, disruption of memory and executive dysfunction sought and was awarded damages for loss of the chance of promotion to the rank of Commander or Assistant Chief Constable. In addition, he has considerable experience of forensic psychiatric evidence directed to causation: e.g., the Christian Brothers cases (group litigation arising out of historic sex abuse in a children’s homes: see e.g., CD v Catholic Child Welfare Society [2018] EWCA Cave 2342; [2019] E.L.R. 1).
Nominated as PI silk of the year 2017 by Chambers & Partners.
Recent work includes:
- He has recently acted on the instructions of insurers for several Premier League football clubs facing multiple allegations of historic racial and sexual abuse.raising questions of vicarious liability for those not directly employed by the clubs as well as limitation issues. They also raise complex issues of causation in relation to alleged failed or incomplete professional careers in football resulting from the psychological sequelae of abuse.
- Acting in group action by 250 former residents of an approved school alleging historic physical and sexual abuse; limitation issues; credibility of recollection over many decades; psychiatric issues.
- Acting for a claimant in a brain damage case which was listed for trial on the day the reduction in the discount rate to -0.75% came into effect: as a result a very substantially increased settlement was achieved and approved by the court).
- Instructed for defendants in group action (17,000 plus claimants) seeking damages for alleged effects of smoke and toxic emissions from factory fire in a suburb of Liverpool which burned for two weeks or so in June/July 2011: issues of causation and toxicity of smoke tried as preliminary issues. Meteorological, medical, toxicological and plume modelling expert evidence.
- Instructed in a claim against an Immigration Detention Centre operator for failure to prevent suicide attempt resulting in tetraplegia he acted for G4S.
- Acting for claimant in a claim for negligence of a NHS Trust in failing to warn local authority social worker of threats to her life by voluntary mental patient. Issues: whether necessary to show an assumption of responsibility for victim’s safety; whether Art.2 ECHR engaged.
- Acting for appellant in CA: whether duty of care owed by local authority to seriously injured bystander by a runaway horse at the Appleby Horse Fair.
- Acting for Home Office in settling claim by prisoner who suffered catastrophic brain damage following epileptic seizure; novel approach to accommodation award approved by HC: see http://www.telegraph.co.uk/news/uknews/crime/7589895/Brain-damaged-prisoner-wins-4.7m-compensation-package-to-cover-his-rent.html
- Acting for a claimant in assessment of damages in respect of serious brain injuries sustained in a road accident – amongst other things, the case involved a further review of the correct approach to the determination of the life multiplier in cases involving reduced life expectancy and the deductibility of injury pensions.
Selected Cases
- TVZ & ors v Manchester City Football Club [2022] EWHC 7 (QB)–claims against Manchester City Football Club arising out of serious sexual abuse by a junior football coach, Barry Bennell, in the early 1980s. Issues of vicarious liability and limitation.
- Aviva Insurance Limited & Swiss Reinsurance Company Ltd v Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin) and [2022] EWCA Civ 15 –Whether operation of the scheme for recoupment of Social Security benefits from insurers in long-tail disease claims infringes insurers’ rights guaranteed by the European Convention on Human Rights.
- DSN v Blackpool Football Club [2021] EWCA Civ 1352—whether Defendant Club vicariously liable for an assault committed by the organiser of an overseas trip involving a youth at the Club’s School of Excellence.
- Various v Catholic Child Welfare Society [2016] EWHC 3334, 5, 6 and 7 (QB); [2017] EWHC 1 (QB); [2017] E.L.R. 136 Michael acted for the Defendants in a group action by 250 former residents of an approved school alleging historic physical and sexual abuse where all lead claimants’ claims failed partly due to doubt being cast on the honesty and credibility of allegations made. There were questions about the claimants’ solicitors’ procedures for recruiting claimants by advertising within prisons and the resultant risk of cross-contamination of claimants’ accounts.
- Saunderson v Sonae Industria (UK) Ltd [2015] EWHC 2264 (QB) group action alleging various physical and psychological effects of smoke from large factory fire
- Nyang v G4S Care & Justice Services Ltd & Ors [2013] EWHC 3946 (QB) – Claim against Immigration Detention Centre operator for failure to prevent suicide attempt resulting in tetraplegia – acted for G4S.
- Selwood v Durham CC & Ors [2012] EWCA Civ 979; [2012] PIQR P20 – Represented Claimant in claim for negligence of NHS Trust in failing to warn local authority social worker of threats to her life by voluntary mental patient. Issues: whether necessary to show an assumption of responsibility for victim’s safety; whether Art.2 ECHR engaged.
- Glaister v Appleby in Westmoreland Town Council [2009] EWCA Civ 1325, [2010] PIQR P6 –whether duty of care owed by local authority to seriously injured bystander by a runaway horse at the Appleby Horse Fair.
Abuse/Neglect
Recent work includes acting in group action by 250 former residents of an approved school alleging historic physical and sexual abuse; limitation issues; credibility of recollection over many decades; psychiatric issues and acting for several Premier League football clubs facing multiple allegations of historic racial and sexual abuse by numerous claimants. These raise questions of vicarious liability for football “scouts” not directly employed by the clubs as well as limitation issues
Selected Cases
TVZ & ors v Manchester City Football Club [2022] EWHC 7 (QB)–claims against Manchester City Football Club arising out of serious sexual abuse by a junior football coach, Barry Bennell, in the early 1980s. Issues of vicarious liability and limitation.
DSN v Blackpool Football Club [2021] EWCA Civ 1352—whether Defendant Club vicariously liable for an assault committed by the organiser of an overseas trip involving a youth at the Club’s School of Excellence.
Various v Catholic Child Welfare Society [2016] EWHC 3334, 5, 6 and 7 (QB); [2017] EWHC 1 (QB); [2017] E.L.R. 136 Michael acted for the Defendants in a group action by 250 former residents of an approved school alleging historic physical and sexual abuse where all lead claimants’ claims failed partly due to doubt being cast on the honesty and credibility of allegations made. There were questions about the claimants’ solicitors’ procedures for recruiting claimants by advertising within prisons and the resultant risk of cross-contamination of claimants’ accounts.
View full profile »News
Articles
- A cautionary tale- the importance of an expert witness remaining independent
- Michael Kent KC reviews the Supreme Court judgments of Barclays Bank Plc & WM Morrison Supermarkets Plc
Qualifications
- Inns of Court School of Law (1973 – 1975)
- BA (Hons) Politics, University of Sussex (1970 – 1973)
- Nautical College, Pangbourne (1965 – 1969)
- Recorder of the Crown Court
- Deputy High Court Judge (Queen’s Bench Division and Administrative Court).
- He is a Bencher of the Middle Temple
Memberships
- London Common Law and Commercial Bar Association (Chairman 2011-13)
- Administrative Law Bar Association
- Tecbar
- Chairman of working group on expert witnesses for Inns of Court College of Advocacy (2018)
Recommendations
“Michael is a legendary figure who is phenomenally knowledgeable and a really brilliant appellate figure who is trusted by judges.”
Chambers & Partners, 2024
‘He has a profound grasp of the law and combines that with diffident but highly effective advocacy.’
Legal 500, 2024
“He is one of the best appellate advocates solicitors have seen. He has a profound grasp of the law and combines that with diffident but highly effective advocacy. He is a real pleasure to work with, both one to one and as part of a wider team.”
Legal 500, 2024
“His knowledge of the law is encyclopedic and his attention to detail is phenomenal.” “He is very good on his feet and technically excellent.”
Chambers & Partners, 2022
“Able to hone in on the crucial aspects of the matter at hand and his advice is second to none – Michael has a keen commercial awareness but is also up for the fight when it needs to be fought.”
Legal 500, 2022
“A very accomplished and well-respected advocate with a good command of the law.” “A very good advocate who is highly regarded in his field.”
Chambers & Partners, 2021
“Regarded with the utmost respect by peers and also by the judiciary.”
Legal 500, 2021
“Always a calm and measured presence in conference and courtroom alike. His advocacy skills are excellent, as is his ability to provide clarity in the most complex of cases.”
Legal 500, 2021
“He has the most wonderful advocacy style – he’s calm, silky and measured.” “He is hugely intelligent and pleasure to work with.”
Chambers & Partners, 2020
“He is particularly strong handling high-profile group litigation.”
Legal 500, 2020
“A highly skilled advocate who is able to get to grips with the most complex of issues…The epitome of a smooth operator. An excellent KC whom I can’t recommend highly enough.”
Chambers & Partners, 2018
“A very high-quality silk.”
Legal 500, 2017
