Michael Lee

Michael undertakes a range of commercial work.  He is frequently instructed in cases involving injunctive relief and restraint of trade issues, conspiracy and economic tort claims, and cases involving breaches of directors’ duties, fiduciary duties and duties of confidence. Chambers and Partners has stated that Michael “is noted for his work on injunctive relief and restraint of trade matters”, whilst Who’s Who Legal has commented that he is “lauded as ‘a go-to junior for employment litigation and associated High Court work’”.

Michael’s recent work includes a speedy trial concerning a team-move, led by David Craig KC (Guy Carpenter v Howden, which settled on the first day of six-week trial) and a non-compete injunction led by Daniel Oudkerk KC and Amy Rogers (AstraZeneca v Sheldon [2022] EWHC 2447). Michael (led by Richard Leiper KC) also represented one of the Defendant insurance brokers in an alleged team move conspiracy case heard over 14 days (Alesco Risk Management Services Ltd v Bishopsgate Insurance Brokers Ltd [2019] EWHC 2839 (QB)).

As sole counsel Michael acted the Claimants in a Commercial Court dispute involving contractual claims against Defendants in multiple jurisdictions and represented the individual defendants in a trial concerning misuse of confidential information (Trailfinders Ltd v Travel Counsellors Ltd [2020] IRLR 448).

Michael has acted in a wide variety of complex, high value Employment Tribunal cases, both as sole and junior counsel.  His work in this field covers a broad spectrum of employment law issues and has been recognised by the legal directories for several years. As Chambers and Partners has recognised, Michael acts for a diverse range of clients, and has particular experience in the financial services and education sectors.

Michael’s recent work covers the full spectrum of work in the employment law field. He was instructed (led by Daniel Stilitz KC) by Chelsea FC and José Mourinho to defend high profile claims brought against them by a former doctor. Michael was also instructed (led by Simon Devonshire KC) in a sex and age discrimination claim brought against an investment bank. He is currently acting (led by Daniel Stilitz KC and Julian Milford KC) for Sainsburys in its defence of a long running equal pay dispute.

As sole counsel Michael recently represented a financial services institution in its successful defence of a highly publicised whistleblowing claim heard over 9 days. In the Court of Appeal, he acted for the respondent to an appeal against an Employment Tribunal’s findings on disability in the field of mental health (Sullivan v Bury Street Capital [2022] IRLR 159), and in the EAT for the respondent to an appeal in a case concerning TUPE (Tuitt v Richmond Upon Thames LBC [2022] IRLR 1035). Michael acted for a former-Chief Executive in a well-publicised claim for sex and pregnancy discrimination which settled on the first day of the hearing. He also acted for Dr Carpos-Young in her successful high-profile victimisation claim against the Royal Academy of Music (Carpos-Young v Royal Academy of Music).

In the High Court, Michael’s recent work includes a speedy trial concerning a team-move, led by David Craig KC (Guy Carpenter v Howden, which settled on the first day of six-week trial) and a non-compete injunction led by Daniel Oudkerk KC (AstraZeneca v Sheldon [2022] EWHC 2447). Michael (led by Richard Leiper KC) also represented one of the Defendant insurance brokers in an alleged team move conspiracy case heard over 14 days (Alesco Risk Management Services Ltd v Bishopsgate Insurance Brokers Ltd [2019] EWHC 2839 (QB)).

As sole counsel Michael acted the Claimants in a Commercial Court dispute involving contractual claims against Defendants in multiple jurisdictions and represented the individual defendants in a trial concerning misuse of confidential information (Trailfinders Ltd v Travel Counsellors Ltd [2020] IRLR 448).

Michael undertakes a range of public law and regulatory work.

Michael (led by Jonathan Moffett KC) acted for Surrey County Council in its defence of a challenge to its Special Educational Needs budget, heard by a Divisional Court in 2018 (R (Hollow) v Surrey CC [2019] EWHC 618 (Admin). Michael also acted (led by Clive Lewis KC) in judicial review proceedings concerning a challenge to a European-wide prohibition on the sale of certain meat products (R (Newby) v Food Standards Agency [2013] EWHC 1966 (Admin)), including acting as sole counsel in defence of the Claimant’s application for an interim injunction to dis-apply the prohibition. Michael (now led by Jason Coppell KC) represented the Food Standards Agency before the Supreme Court in that case in 2019 (R (Newby) v Foods Standards Agency [2019] UKSC 18).

Michael’s public law practice has a particular focus on cases involving the Asserts of Community Value regime in the Localism Act 2011. He has extensive expertise in this field, having acted in a large number of appeals, such as Patel v Hackney CR/2013/0005 (the first appeal to the First-Tier Tribunal under ACV regime), Kicking Horse Ltd v Camden CR/2015/0012 (an appeal considering the extent to which individuals parts of a building should be given separate consideration under the ACV regime), and Mendoza Ltd v Camden CR/2015/0015) (an appeal considering the requirements that an organisation must meet to make a valid ACV nomination).  Michael regularly advises on and appears in appeals to the First-Tier Tribunal in this field.

Michael undertakes a range of work for local government. As well as advising local government on general public, commercial and employment law issues, Michael (led by Jonathan Moffett KC) acted for Surrey County Council in its defence of a challenge to its Special Educational Needs budget, heard by a Divisional Court in 2018 (R (Hollow) v Surrey CC [2019] EWHC 618 (Admin). Michael’s practice has a particular focus on cases involving the Asserts of Community Value regime in the Localism Act 2011. He has extensive expertise in this field, having acted in a large number of appeals, such as Patel v Hackney CR/2013/0005 (the first appeal to the First-Tier Tribunal under ACV regime), Kicking Horse Ltd v Camden CR/2015/0012 (an appeal considering the extent to which individuals parts of a building should be given separate consideration under the ACV regime), and Mendoza Ltd v Camden CR/2015/0015) (an appeal considering the requirements that an organisation must meet to make a valid ACV nomination).  Michael regularly advises on and appears in appeals to the First-Tier Tribunal in this field.

Michael’s employment practice sees him advise on a range of regulatory matters. He has also recently advised on diverse regulatory issues including European regulations on flight times and the regulations governing the work of employment agencies.  Michael has acted in judicial review proceedings concerning a challenge to a European-wide prohibition on the sale of certain meat products (R (Newby) v Food Standards Agency [2013] EWHC 1966 (Admin)), including acting as sole counsel in defence of the Claimant’s application for an interim injunction to dis-apply the prohibition.  Michael (led by Jason Coppell KC) represented the Defendant in those proceedings before the Supreme Court in 2019 (R (Newby) v FSA [2019] UKSC 18).  He has also represented the Financial Reporting Council in proceedings concerning the extent to which it is subject to the Freedom of Information Act (Miller v FRC EA/2014/0113).

Within his commercial and employment work, Michael has particular expertise in the sport sector. He was recently instructed (led by Daniel Stilitz KC) by Chelsea FC and José Mourinho to defend high profile claims brought against them by a former-doctor (settled on day 2 of a 2 week hearing). He has also advised high profile sporting organisations on contractual disputes and tortious claims such as unlawful means conspiracy and inducing breach of contract.