Michael Smith

Year of Call: 1989, Lincoln's Inn

Michael smith
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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.


“Mike is a very experienced clinical negligence barrister and I respect his opinion very highly.”

Chambers & Partners, 2024

Notable Cases

  • Barclays Bank v Fairclough Building

    Common Law

    Scope of contributory negligence in contract

  • Bainbridge v Circuit Foil Ltd.

    Common Law

    Proper construction of terms of employer’s pension scheme

  • Brown v Lewisham & North Southwark HA

    Clinical Negligence

    Breach of duty and causation

  • Barratt v South Manchester University NHS Trust

    Clinical Negligence

    No breach of duty on the facts

  • Re SS [2002] 1 FLR 445 (Wall J)

    Personal Injury

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

  • Burgess v Stockport NHS Trust (2011)

    Clinical Negligence

    No breach of duty on the facts

  • R v CM NHS Trust

    Clinical Negligence

    Substantial cerebral palsy claim settled on lump sum plus PPO basis

  • Re D P

    Personal Injury

    Award of over £4m

  • Re J R P

    Personal Injury

    Award of £3.5m

  • SHP v UU

    Common Law

    Substantial commercial arbitration settled after mediation

  • McManus v Salford CC & Punch Taverns

    Landlord & Tenancy

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


  • Recorder

Professional Associations

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


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