Paul Michell
Cloisters
Barrister (England and Wales/N.I.)
Regions
- London
1 Pump Court, Temple, London, EC4Y 7AA, United Kingdom
020 7827 4000
pm [at] cloisters.com
References
"... A brilliantly skilled advocate, he is always on top of the facts, even at the early stages of litigation ... Paul's personality shines through and we are asked by clients to instruct him again and again. Having instructed Paul for many years, I could not recommend him more highly". Nicola Johnston, Pinsent Masons LLP.
Leading Junior in Chambers & Partners for 2009-2013 and The Legal 500 for 2011-2013 (Employment).
Paul is praised for his ""masterful tactics", his "f*****g awesome" cross examination, "meticulous preparation", his "flair", and "forensic expertise".
He has been judicially commended for his "extremely able arguments... put forward ingeniously" (Burton J), and for his "intelligent and measured submissions" (Underhill J).
“Well respected... A knowledgeable, thorough and well-liked barrister who has impressed with his involvement in the Coleman v Attridge Law discrimination by proxy dispute". Chambers and Partners 2011.
“Feisty tough and creative... very diligent and reassuring to clients” Chambers and Partners 2012.
.
Areas of practice
• Employment
• Discrimination and equality
• Human rights
• Commercial law
• Public and regulatory
Work details
Paul regularly advises and appears in:
• Complex discrimination claims (employment and goods & services),
• Equal pay claims,
• Whistleblowing claims,
• TULRA and TUPE cases,
• High profile claims for wrongful/unfair dismissal.
• Claims where breach of fiduciary duty/commercial wrongdoing (e.g. inducement; secret profits; breach of covenant; confidentiality; conspiracy etc) is alleged and injunctive relief sought,
• Contract disputes, many relating to sports and the media,
• Director/partner disputes;
• Regulatory matters, such as disciplinary tribunals.
Paul has been appointed as a Designated Independent Person under SI 2001/3384 to investigate allegations of impropriety etc. by the most senior members of local authority personnel.
Recent Clients
Asda, Lord Ballyedmond, the BBC, BMW, the British Red Cross, BUPA, the Commonwealth Foundation, Danielle Lloyd, the EHRC, the Elders Foundation, Trevor Horn CBE, the Land Registry, the London School of Economics, the Open Society Foundation, the Professional Footballers' Association, the RNIB, the Royal Ballet School, Serco, Toshiba, the TUC, the University of Durham, UCL, The Voice and several major unions and financial institutions.
.
Appointments and memberships
'Designated Independent Person' under SI 2001/3384.
Industrial Law Society
Employment Law Appeal Advice Scheme
Bar Pro Bono Unit
Administrative Law Bar Association
Cloisters point of liaison for FRU
Publications and training
For eight years, Paul has contributed to Bullen & Leake & Jacob’s Precedents of Pleadings. He drafted the ‘Employment Tribunal’ and ‘Proceedings in the High Court and County Court’ precedents. He contributes to Lawtel Employment Law Digest.
.
Qualifications
MA (Cantab); Dip. Law (City), LLoyd Jacob Memorial Exhibition and Astbury Scholarship (Middle Temple).
.
Some recent cases
Discrimination
X v. Mid Sussex CAB [2010] 423 ICR, [2010] IRLR 101, EAT, [2011] IRLR 335, CA, [2013] IRLR 146, SC. Paul successfully represented the CAB in the EAT, the Court of Appeal and the Supreme Court in this claim which had highly significant implications for the 100 million-strong voluntary sector across the EU. It concerns whether volunteers with no formal contract are protected under the “employment and occupation” provisions of Directive 2000/78/EC, and whether such protection can be read into domestic law. See: http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0112_PressSummary.pdf
Kulikauskas v. Macduff Shellfish (Scotland) Ltd [2011] ICR 48, EAT, CJEU. Paul was instructed by Mr Kulikauskas in this case, which concerned whether or not Council Directive 2006/54/EC affords protection for persons treated less favourably because of their association with a pregant woman. The Court of Session referred the issue to the CJEU, where Paul was instructed to appear (led by Brian Napier QC). In written observations, the Kingdom of Spain and the European Commission supported Mr Kulikauskas' case; the UK and Poland opposed it. The claim was settled prior to the CJEU hearing. The terms of reference can be seen at www.eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:109:0006:0006:EN:PDF
EBR Attridge Law v. Coleman (No.2) [2010] ICR 242, [2010] IRLR 10, EAT. Paul successfully represented Ms Coleman in EBR Attridge’s appeal against the tribunal’s decision that the DDA could be interpreted so as to accord with Directive 2000/87/EC and the ECJ’s decision in Coleman v. Attridge Law (see below). Underhill P held that it was appropriate to read words into the DDA. The Wikipedia account of the case can be seen at http://en.wikipedia.org/wiki/Coleman_v_Attridge_Law
Coleman v. Attridge Law [2008] IRLR 722 ECJ; [2007] ICR 654 EAT. In this landmark case, Paul persuaded the tribunal to make a reference to the ECJ to determine whether or not Directive 2000/87/EC is intended to prohibit associative discrimination in the context of disability. Paul appeared at the ECJ hearing (led by Robin Allen QC), where the ECJ affirmed that the Directive’s protection extends to associative discrimination. Major changes were made to the draft Equality Act 2010 and to the law in other EU states as a result.
Masih v. Awaz FM (2010-2011). EAT. This case concerned whether or not a volunteer who was allegedly discriminated against on grounds of religion was protected under EU law/the Employment Equality (Religion or Belief) Regulations 2003. The employment tribunal ordered that there should be a reference to the ECJ to determine the point. Awaz FM instructed Paul in its appeal to the Scottish EAT against the order for a reference. The Claimant later withdrew his claim, following the Court of Appeal's decision in X v. Mid Sussex CAB (above).
Rajapakse v. The Commonwealth Foundation (2010/2011). Tribunal. Paul represented the Commonwealth Foundation in its succesful defence of this high value whistleblowing claim, which received considerable media interest. For some press coverage, see: http://www.independent.co.uk/sport/general/athletics/the-delhi-games-have-been-chaotic-but-the-real-commonwealth-scandal-is-closer-to-home-at-the-governing-bodys-headquarters-in-london-2101821.html.
Nikki Sinclaire v. UKIP and Others (2011). Tribunal. Paul represented Ms. Sinclaire, an MEP, in her claim of sexual orientation discrimination against UKIP. A satisfactory outcome was obtained.
Brooke v. Land Registry (2010). Tribunal. Paul successfully represented the Land Registry in resisting the Claimant’s application for interim relief, following her highly publicised dismissal. For some press coverage, see: http://www.mirror.co.uk/news/top-stories/2011/01/13/injured-civil-servant-sacked-after-she-wassecretly-filmed-at-a-gym-in-weymouth-dorset-115875-22844992/.
Restrictive covenants
UK Recruitment GB Ltd v. Calver and others (2011). High Court. Paul represented the Claimant in this case, which involved senior employees allegedly setting up in competition and using the Claimant's confidential data. Following injunctive proceedings, a satisfactory outcome was obtained.
SBR Design Consultasnts Ltd v. Lumsden (2011). High Court. Paul represented the Defendant in this claim, which involved alleged client poaching and exploitation of propriatory information. A satisfactory outcome was obtained.
Euromoney v. Gulf Financial Conferences and Others (2010). High Court. Paul represented the Claimant in this case involving alleged breaches of restrictive covenants by way of client poaching. Following injunctive proceedings, a satisfactory outcome was obtained.
Arthur J Gallagher v. RFIB Group and others (2008). High Court. Paul represented the Claimant –one of the largest insurance broking businesses in the world- in this case involving ‘team moves’, and allegations of conspiracy and employee poaching. A multi-million pound settlement was obtained.
Wrongful dismissal
Wright & others v. Vizards Wyeth (2012). Tribunal. Paul represented the partners of law firm Vizards Wyeth in this claim concerning whether or not a 'firm-wide promise' to pay PILON gross and in a lump sum was binding; also, whether or not the claimants' post-termination earnings could be deducted from any damages. A satisfactory outcome was obtained.
Black and others v. SPZ (2010/2011). Tribunal and High Court. Paul represented SPZ, the music company of Trevor Horn CBE (producer of bands such as ABC and Frankie Goes to Hollywood) in claims brought by former senior employees following the termination of their fixed term contracts. A satisfactory outcome was obtained.
Ayers & Baigent v. Brewin Dolphin Ltd (2010). High Court. Paul represented the Defendant company (one of the largest UK independent private client investment managers) in its successful defence of a claim by two ex-employees to trail fees "in perpetuity" following the termination of their employment. Some press coverage can be seen at: http://citywire.co.uk/new-model-adviser/brewin-dolphin-sued-in-high-court-by-former-executives/a450169; http://wealthbriefing.co.uk/html/results.php
Parham v. Parham Ltd (2010). High Court. Paul represented the Defendant in this long-running dispute concerning a high-value “contract for life”. The protagonists were two brothers, the combined age of whom exceeded 180 years. A satisfactory resolution was obtained.
Penniston & Bradley v. Toshiba and another (2009/2010). High Court. Paul represented the Defendants in this high value dispute involving allegations of complex commercial wrongdoing and premature termination of the Claimants’ service agreements. The bulk of the wrongful dismissal claim was successfully disposed of at a summary judgment application
TUPE
Wright & others v. Vizards Wyeth & others (2012). Tribunal. Paul represented the partners of Vizards Wyeth in this claim concerning whether or not a team move by the family law group constituted a "self made" TUPE transfer. See further: http://www.thelawyer.com/merger-fallout-begins/1011185.article; http://www.thelawyer.com/family-value-vizards-messy-break-up-sparks-pay-row/1011163.article
Walton v. Browell Smith, Thompsons & Simpson Millar (2011). Tribunal. Paul represented Browell Smith, a law firm, in its successful defence of a claim brought by an employment solicitor who claimed he had TUPE transferred following a service provision change.
GMB v. Northumberland County Council (2010). Tribunal. Paul represented the GMB in this multimillion pound claim involving alleged breaches of Reg. 13 of TUPE (consultation provisions), following the dissolution of six district and borough councils, and the transfer of the councils’ employees to the new unitary council. A satisfactory resolution was obtained.
Roydon and others v. Hammonds Direct and Barnett Solicitors (2009). Tribunal. Paul advised the Claimants in this landmark TUPE case involving the transfer of client accounts from one law firm to another. For further detail see http://www.lawgazette.co.uk/news/landmark-tupe-case-clienttransfers.
Sports/media
Danielle Lloyd v. Carphone Warehouse (2009). High Court. Paul represented the Claimant, a media celebrity, in this case involving breach of confidentiality. It arose after an employee of Carphone Warehouse took copies of sensitive photographic material from Ms Lloyd’s mobile phone, and attempted to sell the material to several national newspapers. A satisfactory outcome was obtained. The case forms part of the 2011 BBC television series See You In Court, in which Paul appears See further: http://www.bbc.co.uk/programmes/b011688y. Also: http://www.bailii.org/cgibin/markup.cgi?doc=/ew/cases/EWHC/Ch/2009/1977.html
"... A brilliantly skilled advocate, he is always on top of the facts, even at the early stages of litigation ... Paul's personality shines through and we are asked by clients to instruct him again and again. Having instructed Paul for many years, I could not recommend him more highly". Nicola Johnston, Pinsent Masons LLP.
Leading Junior in Chambers & Partners for 2009-2013 and The Legal 500 for 2011-2013 (Employment).
Paul is praised for his ""masterful tactics", his "f*****g awesome" cross examination, "meticulous preparation", his "flair", and "forensic expertise".
He has been judicially commended for his "extremely able arguments... put forward ingeniously" (Burton J), and for his "intelligent and measured submissions" (Underhill J).
“Well respected... A knowledgeable, thorough and well-liked barrister who has impressed with his involvement in the Coleman v Attridge Law discrimination by proxy dispute". Chambers and Partners 2011.
“Feisty tough and creative... very diligent and reassuring to clients” Chambers and Partners 2012.
.
Areas of practice
• Employment
• Discrimination and equality
• Human rights
• Commercial law
• Public and regulatory
Work details
Paul regularly advises and appears in:
• Complex discrimination claims (employment and goods & services),
• Equal pay claims,
• Whistleblowing claims,
• TULRA and TUPE cases,
• High profile claims for wrongful/unfair dismissal.
• Claims where breach of fiduciary duty/commercial wrongdoing (e.g. inducement; secret profits; breach of covenant; confidentiality; conspiracy etc) is alleged and injunctive relief sought,
• Contract disputes, many relating to sports and the media,
• Director/partner disputes;
• Regulatory matters, such as disciplinary tribunals.
Paul has been appointed as a Designated Independent Person under SI 2001/3384 to investigate allegations of impropriety etc. by the most senior members of local authority personnel.
Recent Clients
Asda, Lord Ballyedmond, the BBC, BMW, the British Red Cross, BUPA, the Commonwealth Foundation, Danielle Lloyd, the EHRC, the Elders Foundation, Trevor Horn CBE, the Land Registry, the London School of Economics, the Open Society Foundation, the Professional Footballers' Association, the RNIB, the Royal Ballet School, Serco, Toshiba, the TUC, the University of Durham, UCL, The Voice and several major unions and financial institutions.
.
Appointments and memberships
'Designated Independent Person' under SI 2001/3384.
Industrial Law Society
Employment Law Appeal Advice Scheme
Bar Pro Bono Unit
Administrative Law Bar Association
Cloisters point of liaison for FRU
Publications and training
For eight years, Paul has contributed to Bullen & Leake & Jacob’s Precedents of Pleadings. He drafted the ‘Employment Tribunal’ and ‘Proceedings in the High Court and County Court’ precedents. He contributes to Lawtel Employment Law Digest.
.
Qualifications
MA (Cantab); Dip. Law (City), LLoyd Jacob Memorial Exhibition and Astbury Scholarship (Middle Temple).
.
Some recent cases
Discrimination
X v. Mid Sussex CAB [2010] 423 ICR, [2010] IRLR 101, EAT, [2011] IRLR 335, CA, [2013] IRLR 146, SC. Paul successfully represented the CAB in the EAT, the Court of Appeal and the Supreme Court in this claim which had highly significant implications for the 100 million-strong voluntary sector across the EU. It concerns whether volunteers with no formal contract are protected under the “employment and occupation” provisions of Directive 2000/78/EC, and whether such protection can be read into domestic law. See: http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0112_PressSummary.pdf
Kulikauskas v. Macduff Shellfish (Scotland) Ltd [2011] ICR 48, EAT, CJEU. Paul was instructed by Mr Kulikauskas in this case, which concerned whether or not Council Directive 2006/54/EC affords protection for persons treated less favourably because of their association with a pregant woman. The Court of Session referred the issue to the CJEU, where Paul was instructed to appear (led by Brian Napier QC). In written observations, the Kingdom of Spain and the European Commission supported Mr Kulikauskas' case; the UK and Poland opposed it. The claim was settled prior to the CJEU hearing. The terms of reference can be seen at www.eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:109:0006:0006:EN:PDF
EBR Attridge Law v. Coleman (No.2) [2010] ICR 242, [2010] IRLR 10, EAT. Paul successfully represented Ms Coleman in EBR Attridge’s appeal against the tribunal’s decision that the DDA could be interpreted so as to accord with Directive 2000/87/EC and the ECJ’s decision in Coleman v. Attridge Law (see below). Underhill P held that it was appropriate to read words into the DDA. The Wikipedia account of the case can be seen at http://en.wikipedia.org/wiki/Coleman_v_Attridge_Law
Coleman v. Attridge Law [2008] IRLR 722 ECJ; [2007] ICR 654 EAT. In this landmark case, Paul persuaded the tribunal to make a reference to the ECJ to determine whether or not Directive 2000/87/EC is intended to prohibit associative discrimination in the context of disability. Paul appeared at the ECJ hearing (led by Robin Allen QC), where the ECJ affirmed that the Directive’s protection extends to associative discrimination. Major changes were made to the draft Equality Act 2010 and to the law in other EU states as a result.
Masih v. Awaz FM (2010-2011). EAT. This case concerned whether or not a volunteer who was allegedly discriminated against on grounds of religion was protected under EU law/the Employment Equality (Religion or Belief) Regulations 2003. The employment tribunal ordered that there should be a reference to the ECJ to determine the point. Awaz FM instructed Paul in its appeal to the Scottish EAT against the order for a reference. The Claimant later withdrew his claim, following the Court of Appeal's decision in X v. Mid Sussex CAB (above).
Rajapakse v. The Commonwealth Foundation (2010/2011). Tribunal. Paul represented the Commonwealth Foundation in its succesful defence of this high value whistleblowing claim, which received considerable media interest. For some press coverage, see: http://www.independent.co.uk/sport/general/athletics/the-delhi-games-have-been-chaotic-but-the-real-commonwealth-scandal-is-closer-to-home-at-the-governing-bodys-headquarters-in-london-2101821.html.
Nikki Sinclaire v. UKIP and Others (2011). Tribunal. Paul represented Ms. Sinclaire, an MEP, in her claim of sexual orientation discrimination against UKIP. A satisfactory outcome was obtained.
Brooke v. Land Registry (2010). Tribunal. Paul successfully represented the Land Registry in resisting the Claimant’s application for interim relief, following her highly publicised dismissal. For some press coverage, see: http://www.mirror.co.uk/news/top-stories/2011/01/13/injured-civil-servant-sacked-after-she-wassecretly-filmed-at-a-gym-in-weymouth-dorset-115875-22844992/.
Restrictive covenants
UK Recruitment GB Ltd v. Calver and others (2011). High Court. Paul represented the Claimant in this case, which involved senior employees allegedly setting up in competition and using the Claimant's confidential data. Following injunctive proceedings, a satisfactory outcome was obtained.
SBR Design Consultasnts Ltd v. Lumsden (2011). High Court. Paul represented the Defendant in this claim, which involved alleged client poaching and exploitation of propriatory information. A satisfactory outcome was obtained.
Euromoney v. Gulf Financial Conferences and Others (2010). High Court. Paul represented the Claimant in this case involving alleged breaches of restrictive covenants by way of client poaching. Following injunctive proceedings, a satisfactory outcome was obtained.
Arthur J Gallagher v. RFIB Group and others (2008). High Court. Paul represented the Claimant –one of the largest insurance broking businesses in the world- in this case involving ‘team moves’, and allegations of conspiracy and employee poaching. A multi-million pound settlement was obtained.
Wrongful dismissal
Wright & others v. Vizards Wyeth (2012). Tribunal. Paul represented the partners of law firm Vizards Wyeth in this claim concerning whether or not a 'firm-wide promise' to pay PILON gross and in a lump sum was binding; also, whether or not the claimants' post-termination earnings could be deducted from any damages. A satisfactory outcome was obtained.
Black and others v. SPZ (2010/2011). Tribunal and High Court. Paul represented SPZ, the music company of Trevor Horn CBE (producer of bands such as ABC and Frankie Goes to Hollywood) in claims brought by former senior employees following the termination of their fixed term contracts. A satisfactory outcome was obtained.
Ayers & Baigent v. Brewin Dolphin Ltd (2010). High Court. Paul represented the Defendant company (one of the largest UK independent private client investment managers) in its successful defence of a claim by two ex-employees to trail fees "in perpetuity" following the termination of their employment. Some press coverage can be seen at: http://citywire.co.uk/new-model-adviser/brewin-dolphin-sued-in-high-court-by-former-executives/a450169; http://wealthbriefing.co.uk/html/results.php
Parham v. Parham Ltd (2010). High Court. Paul represented the Defendant in this long-running dispute concerning a high-value “contract for life”. The protagonists were two brothers, the combined age of whom exceeded 180 years. A satisfactory resolution was obtained.
Penniston & Bradley v. Toshiba and another (2009/2010). High Court. Paul represented the Defendants in this high value dispute involving allegations of complex commercial wrongdoing and premature termination of the Claimants’ service agreements. The bulk of the wrongful dismissal claim was successfully disposed of at a summary judgment application
TUPE
Wright & others v. Vizards Wyeth & others (2012). Tribunal. Paul represented the partners of Vizards Wyeth in this claim concerning whether or not a team move by the family law group constituted a "self made" TUPE transfer. See further: http://www.thelawyer.com/merger-fallout-begins/1011185.article; http://www.thelawyer.com/family-value-vizards-messy-break-up-sparks-pay-row/1011163.article
Walton v. Browell Smith, Thompsons & Simpson Millar (2011). Tribunal. Paul represented Browell Smith, a law firm, in its successful defence of a claim brought by an employment solicitor who claimed he had TUPE transferred following a service provision change.
GMB v. Northumberland County Council (2010). Tribunal. Paul represented the GMB in this multimillion pound claim involving alleged breaches of Reg. 13 of TUPE (consultation provisions), following the dissolution of six district and borough councils, and the transfer of the councils’ employees to the new unitary council. A satisfactory resolution was obtained.
Roydon and others v. Hammonds Direct and Barnett Solicitors (2009). Tribunal. Paul advised the Claimants in this landmark TUPE case involving the transfer of client accounts from one law firm to another. For further detail see http://www.lawgazette.co.uk/news/landmark-tupe-case-clienttransfers.
Sports/media
Danielle Lloyd v. Carphone Warehouse (2009). High Court. Paul represented the Claimant, a media celebrity, in this case involving breach of confidentiality. It arose after an employee of Carphone Warehouse took copies of sensitive photographic material from Ms Lloyd’s mobile phone, and attempted to sell the material to several national newspapers. A satisfactory outcome was obtained. The case forms part of the 2011 BBC television series See You In Court, in which Paul appears See further: http://www.bbc.co.uk/programmes/b011688y. Also: http://www.bailii.org/cgibin/markup.cgi?doc=/ew/cases/EWHC/Ch/2009/1977.html
Disclaimer: ELA members self-certify that they are qualified lawyers and practice employment law for at least 25% of their time. ELA is not a regulatory body and does not vouch for the quality of service of any member appearing in the membership directory. A member’s inclusion in the directory does not constitute any kind of recommendation.