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.
- Bhandal v HMRC  EWHC 538 (Admin)
- Smith & Ors v South Eastern Power Networks  EWHC 2541 (TCC) –
- Royal Bank of Scotland v Chandra  EWHC 105 (Ch);  1 Lloyd’s Rep 677 – Duties owed by bank to sureties of customer’s liabilities under building contract
- Neil Martin Ltd v HMRC  EWCA Civ 1041
- Vibixa Ltd v Komori UK Ltd & ors  EWCA Civ 536;  1 WLR 2472
- John Mowlem & Co Plc v Phi Group Ltd  BLR 421 TCC
- Satnam Investments Ltd v Dunlop Heywood & Others  3 All ER 631 CA
- Michael Kent QC reviews the Supreme Court judgments of Barclays Bank Plc & WM Morrison Supermarkets Plc
- Crown Office Chambers feature in three of The Lawyer’s Top 20 cases of 2019
- Michael Kent QC appeared on the instructions of Keogh’s for the successful appellants in Catholic Welfare Society & Ors v CD
- 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
- London Common Law and Commercial Bar Association (Chairman 2011-13)
- Administrative Law Bar Association
- Chairman of working group on expert witnesses for Inns of Court College of Advocacy (2018)
“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 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