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Michael Kent QC

Call 1975 • QC 1996

"He is very well respected and you would instruct him in any significant disease cases."
(Chambers & Partners 2016)

Construction & Engineering

Michael has frequently accepted instructions directly or indirectly linked to the work of the Technology and Construction Court often from insurers pursuing subrogated claims.

  • Successfully defended £100m plus claim by developer against HMRC; allegations of improper obtaining of restraint order and losses through sale at undervalue; whether money laundering of criminal proceeds through development; issues about viability and profitability of development scheme.
  • Acted for Claimants in test cases in TCC on liability of electricity distribution network operators for fires caused by supply side equipment (overheating mains cut-out fuses): the generic “RIMISSE” (Repair, Installation, Maintenance and Inspection of Supply Side Equipment) issue.
  • Acted for Defendant in claim by funders of hotel development scheme (JCT contract) seeking to enforce a personal guarantee; collateral warranty to funder; bank’s step in right: whether its exercise relieved employer of further liability to contractor; equitable duties owed by bank to sureties of customer’s liabilities to bank; whether settlement with contractor at an overvalue. Administrative Receiver’s obligations.
  • Fire damage claim. Acted for Respondent in CA upholding rejection of 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
  • Advised and obtained temporary restraint on payment under a performance bond re acquisition of rail rolling stock.
  • Acted in arbitration appeal to TCC on the availability of a restitutionary award for the value of materials supplied by a contractor to remedy sub-contractor’s defects (DOM/1 Standard Form of Sub-Contract).
  • Appeared in Court of Appeal on issue whether partial defence of contributory negligence available in relation to claims under JCT building contract.
  • Software supply contract – alleged breach of implied terms as to quality; acted for the supplier; effect of assignment of cause of action to principal shareholder.

Selected Cases

  • Bhandal v HMRC [2015] EWHC 538 (Admin) 
  • Smith & Ors v South Eastern Power Networks [2012] EWHC 2541 (TCC) –
  • Royal Bank of Scotland v Chandra [2010] EWHC 105 (Ch); [2010] 1 Lloyd’s Rep 677 – Duties owed by bank to sureties of customer’s liabilities under building contract
  • Neil Martin Ltd v HMRC [2007] EWCA Civ 1041
  • Vibixa Ltd v Komori UK Ltd & ors [2006] EWCA Civ 536; [2006] 1 WLR 2472
  • John Mowlem & Co Plc v Phi Group Ltd [2004] BLR 421 TCC
  • Satnam Investments Ltd v Dunlop Heywood & Others [1999] 3 All ER 631 CA
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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


“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 QC whom I can’t recommend highly enough.”

Chambers & Partners 2018

“A very high-quality silk.”

Legal 500 2017

“He has a profound understanding of legal principles and how to construct a case.”

Legal 500 2017

“he is very well respected and you would instruct him in any significant disease cases”

Chambers & Partners 2016

very intelligent and capable of very quick thinking on his feet”

Legal 500 2016

a highly intelligent advocate, who has particular experience in group actions”

Chambers & Partners 2015

“a highly intelligent, very responsive silk”

Legal 500 2015

“extremely bright..the finest appeal advocate I have ever seen”

Chambers & Partners 2014

“good for complex cases”

Legal 500 2014

“strong on paper and in court a great grasp of disease law”

Chambers & Partners 2013

“strong on paper and in court a great grasp of disease law”

Chambers & Partners 2013

“high level of technical capability combined with an easy charm”

Legal 500 2011


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