Deans Court Chambers

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Michael Smith

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Michael Smith - Deans Court Chambers

Education

  • St. Mary’s High School, Astley
  • Christ Church, Oxford - MA (Jurisprudence) BCL

Appointments

  • Recorder

Professional Associations

  • Personal Injury Bar Association
  • Professional Negligence Bar Association
  • Northern Circuit Commercial Bar Association
  • Northern Circuit TCC Users Group

Profile

Michael has a broad based civil practice, acting for both Claimants and Defendants. He covers the whole range of personal injury disputes, specialising in higher value claims and clinical negligence disputes, including catastrophic birth injuries and injuries of maximum severity. He also has a broad commercial practice, with an emphasis on construction disputes, insurance policy issues and professional negligence.

He appears regularly in the High Court and County Court as well as in the TCC.

He has considerable experience of alternative dispute resolution, including commercial mediations, adjudications and arbitrations.

Michael is computer literate and email friendly.

Notable Cases

  • Common Law

    Barclays Bank v Fairclough Building

    Scope of contributory negligence in contract

  • Common Law

    Bainbridge v Circuit Foil Ltd.

    Proper construction of terms of employer’s pension scheme)

  • Clinical Negligence

    Brown v Lewisham & North Southwark HA

    Breach of duty and causation

  • Clinical Negligence

    Barratt v South Manchester University NHS Trust

    No breach of duty on the facts

  • Personal Injury

    Re SS [2002] 1 FLR 445 (Wall J)

    Person under disability – abortion – consent - role of medical practitioners

  • Clinical Negligence

    Burgess v Stockport NHS Trust (2011)

    No breach of duty on the facts

  • Clinical Negligence

    R v CM NHS Trust

    Substantial cerebral palsy claim settled on lump sum plus PPO basis

  • Personal Injury

    Re D P

    Award of over £4m

  • Personal Injury

    Re J R P

    Award of £3.5m

  • Common Law

    SHP v UU

    Substantial commercial arbitration settled after mediation

  • Landlord & Tenancy

    McManus v Salford CC & Punch Taverns

    Dispute about liability for subsidence to adjacent property between landlord and tenant – issue as to meaning and scope of contractual indemnity clause

What the directories say

Frequently instructed on complex and high-value clinical negligence cases, predominantly on the defendant side. He is also experienced in handling substantial personal injury cases. "He is good on technical applications such as interim payments." "He is particularly good analytically - if you've got a case with a tricky legal point, go to him."

Chambers UK, 2015

'one of the barristers of choice for clinical negligence defendant work in the North West.'

Chambers UK, 2013

'draws praise for his skill, meticulous approach and excellent bedside manner.

Chambers UK, 2012

He is recommended as “highly regarded in severe cases” and for his “skill, meticulous approach

Chambers UK, 2010

‘Highly intellectual, precise approach and keen perception of a case’s strengths and weaknesses.’

Chambers UK, 2009

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