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Michael Standing

“Michael is brilliant in trials, gives excellent written advice, is very approachable and willing to help.” The Legal 500 2023

Michael practises across the full range of chambers’ civil liability and commercial work with a particular interest in cases where fraud is alleged or suspected.

He undertakes work in insurance fraud, personal injury, clinical negligence, commercial and financial services, sports law, costs, and regulatory and disciplinary matters. He represents claimants and defendants in trials, joint settlement meetings (JSMs) and all interim hearings. He has a substantial paperwork practice.

He regularly acts as sole counsel in significant brain and spinal cord injury cases with a value pleaded in excess of £1m, as well as being led in higher value cases.

He has substantial experience of working as part of a larger team on high-profile and sensitive investigations, particularly involving financial institutions, and is currently instructed in a complex banking investigation.

Michael graduated with first class honours in Law, and the prize for the top student pursuing a career at the Bar. He was previously employed by a leading city boutique law firm in the business crime and commercial litigation departments. He also spent time working on policy development for a human rights non-governmental organisation (NGO), campaigning for fairer justice systems.

Areas of expertise

Clinical Negligence

Michael is very experienced in high value and complex clinical negligence cases, acting for both claimants and defendants.

He has successfully dealt with numerous cases involving:

  • Cauda equina
  • Delayed diagnosis
  • Issues regarding consent
  • Fatal claims
  • Negligent treatment
  • Birth injury claims
  • Operative failings
  • Optometrist and ophthalmologist negligence
  • Dental negligence

He is currently instructed in a number of ongoing and high value claims, both for claimants and defendants, involving complex loss of earnings issues.

Cases of note

  • F v A Trust (ongoing) - Acting for the defendant trust in a High Court claim regarding allegedly negligent surgery. Claimant claims for lifetime loss of earnings.
  • P v A Trust (ongoing) - Acting for the claimant in a high value claim regarding a delayed deep vein thrombosis (DVT) diagnosis and unnecessary fasciotomy surgery.
  • J v M & A (ongoing) - Acting for the clamant in a claim for delayed diagnosis of cauda equina.

Personal Injury

Michael appears in the County Courts High Court and Court of Appeal, dealing with all aspects of personal injury and associated costs matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life altering consequences.  He is regularly asked to advise on tactics and expert evidence in conference and writing.   .  He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1 million.

He frequently acts in cases with multiple defendants involving complex issues of indemnity and contribution.

-- Employers' Liability

Michael appears in the County Court, High Court and Court of Appeal, dealing with all aspects of employer’s liability matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life altering consequences. He is regularly asked to advise on tactics and expert evidence in conference and writing. He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1m.

Cases of note

  • L v KFF - Acting as sole counsel for the successful defendant in two-day multitrack trial, having advised from the outset. The claim was dismissed following robust cross examination of the claimant. The defendant rightly rejected multiple Part 36 offers at a significantly reduced value.
  • K v D - Acting for the defendant in a liability admitted quantum matter. The claimant valued the claim in excess of £100,000. The matter settled shortly after service of detailed counter schedule for just £36,000.
  • G v (1) SRM LTD (2) - Successful defence of an accident alleged to have taken place on a building site during the course of the employment, whilst under the joint control of a principle and sub-contractor.
  • F v M - Acting for the defendant at joint settlement meeting. Substantial six figure claimed settled for less than half the pleaded value shortly before trial.

-- Insurance Fraud

Michael undertakes the full range of defendant insurance fraud work. He is regularly instructed at the outset of claims where fraud is suspected to advise on tactics and strategy. Early in his career, Michael gained significant experience prosecuting and defending criminal matters in the Crown Court. Accordingly, he is well accustomed to allegations of the most serious dishonesty, and skilled at cross-examination to expose inconstancy, exaggeration and untruthfulness.

He has achieved numerous findings of fundamental dishonestly in cases involving:

  • Exaggerated injuries
  • Malingering
  • Staged accidents
  • Phantom passengers
  • Surveillance evidence
  • Telematics evidence
  • Fraud rings.

He is experienced in the full range of costs arguments including wasted costs applications and/or third-party costs orders.

He has achieved numerous findings of fundamental dishonesty, both at trial, and following discontinuance by claimants.

Cases of note

  • C v DKT Ltd - Acting for the defendant in an application for a finding of fundamental dishonestly, post-discontinuance of the claim. The claimant attended the hearing and elected to give evidence and be cross examined. The judge found that the claimant had been fundamentally dishonest in substantially exaggerating his claim. An enforceable cost order was made.
  • R v AIOI - Finding of fundamental dishonesty at trial, regarding a road traffic collision. A significant dispute as to the mechanics of the accident led of a finding that the claimant had fabricated his version of events.
  • B v R - Successful application for a finding of fundamental dishonesty where the claimant discontinued shortly before trial. Claimant did not attend the hearing or submit any further evidence. The judge was persuaded to a make a finding of fundamental dishonesty and an enforceable cost order.

-- Occupiers' Liability

Michael appears in the County Court, High Court and Court of Appeal, dealing with all aspects of occupiers’ liability matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life altering consequences. He is regularly asked to advise on tactics and expert evidence in conference and writing. He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1m.

Cases of note

  • C v TW - Acting for the defendant where the claimant alleged to have tripped when crossing the defendant’s land, sustaining a significant shoulder injury. Michael advised that an amended defence be drafted (having not drafted the original). This led to the claimant discontinuing their claim.
  • R v T - Acting on behalf of the successful defendant, a national supermarket, in a claim brought following an injury whist using a self-service check out.

-- Property Damage

Michael undertakes a wide range of property work on behalf of insurers. He regularly advises and acts in high-value cases concerning damage caused by flooding, fires and defective workmanship. Such cases often involve significant expert evidence in respect of complex losses.

Cases of note

  • G v T - Representing the defendant insurers, in high-value contribution proceedings, regarding 50 individual third-party claims, relating to a large glue spillage on the M6 motorway. Settled at a joint settlement meeting prior to eight-day trial.
  • L v (1) WCC (2) CWH - Representing the first defendant in a complex damage claim said to be caused by defective pipework. Pleaded at over £250,000. Settled for just £50,000 prior to trial.

-- Public Liability

Michael appears in the County Court, High Court and Court of Appeal, dealing with all aspects of public liability matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life altering consequences. He is regularly asked to advise on tactics and expert evidence in conference and writing. He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1m.

Cases of note

  • D v BCC - Acting for the succesful claimant at a two-day liability trial in a Highways Act claim, and subsequent joint settlement meeting. The claimant sustained a traumatic brain injury, fractured right temporal bone and an extradural haematoma requiring craniotomy, when he struck a pothole whilst riding his road bicycle. Liability was determined entirely in the claimant’s favour. The matter settled at a joint settlement meeting for a significant six-figure sum.
  • S v RBK - Acting for the successful defendant both at trial and at appeal in a Highways Act Claim, where a successful section 58 defence was made out.
  • TFL v R- Acting for the successful defendant in a claim for an indemnity following a previously settled Highways Act claim. The claim was dismissed in its entirety.

-- Road Traffic

Michael appears in the County Court, High Court and Court of Appeal, dealing with all aspects of road traffic matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life-altering consequences. He is regularly asked to advise on tactics and expert evidence in conference and writing. He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1m.

Cases of note

  • Farah v Abdullahi & Ors [2020] EWHC 825 (QB) (08 April 2020) - Very high value eight-day liability and indemnity trial before Mr Justice Linden, concerning the catastrophic brain injuries suffered by the claimant during four phases of road traffic collisions, involving two vehicles. The court was required to determine complex issues of medical and legal causation, in particular in relation to diffuse axonal brain injury as well as the issue of the identity of one driver. Acting for the successful fourth defendant, led by Derek O’Sullivan QC.
  • S v K - Acting as sole counsel for the claimant who sustained a traumatic brain injury, namely an acute subdural haematoma in the parafalcine region, very significant orthopaedic injuries, the recurrence of benign paroxysmal positional vertigo, pituitary dysfunction causing secondary adrenal dysfunction and significant scarring.
    Complex assessment of quantum involving a range of neuro-experts, and loss of chance of securing employment in the US where the claimant has subsequently moved. Substantial six figure settlement.
  • P v M (ongoing) - Acting as sole counsel for the defendant in high-value liability contested liability collision with life altering injuries. Case involves complex accident reconstruction evidence.

-- Sport Injury and Negligence

Michael appears in the County Court, High Court and Court of Appeal, dealing with all aspects of sport injury matters.

He has extensive experience across the full range complex and catastrophic injury work, including serious brain and spinal cord injuries, as well as complex regional pain syndrome, often with life altering consequences. He is regularly asked to advise on tactics and expert evidence in conference and writing. He is particularly sought after for cases involving allegations of fraud and fundamental dishonesty as well as cases involving complex medical evidence.

Much of his work is pleaded in excess of £1m.

Cases of note

  • W v GBH (ongoing) - Representing the defendant, an international sports body, in a claim brought against them by a former professional athlete.

Banking and Financial Services

Michael undertakes a wide range of commercial work. He regularly advises and advocates in high-value cases concerning  breach of contract, interpretation of contracts, insurance indemnity disputes, loan agreements, misrepresentation and commercial debt.

Between 2017 and 2019, he has completed secondments to the Bank of England’s Regulatory Action Division, and the Litigation and Enforcement Team acting in four complex and large-scale financial investigations into global banks. Of particular note, he worked on the investigation into Citigroup’s UK operations, which resulted in a fine of £44m being imposed for failures in regulatory reporting governance and controls.

He is currently instructed as a legal advisor to the Foskett Panel, chaired by Sir David Foskett, dealing with the direct and consequential losses stemming from the HBOS Reading Fraud.

Commercial Contracts

Michael undertakes a wide range of commercial work. He regularly advises and advocates in high-value cases concerning breach of contract, interpretation of contracts, insurance indemnity disputes, loan agreements, misrepresentation and commercial debt.

Cases of note

  • L v K - Representing the successful claimant in a claim for fraudulent misrepresentation regarding the purchase of 17 horses as part of an investment scheme.

Costs Litigation

Michael has a specialist costs practice, and is increasingly instructed in discrete costs disputes. He has extensive knowledge of all elements of qualified one-way cost shifting (QOCS) and fundamental dishonesty.

He regularly acts and advises in the full range of cost disputes, both between opposing parties and solicitor client cost disputes

He regularly provides training and seminars on costs disputes.

Data Protection

Michael frequently advises large private and public bodies regarding their data protection obligations. He has particular experience in advising heathcare providers with regard to their obligations in respect of sensitive personal data.

He is currently instructed in respect of a number of claims brought against NHS trusts for the misuse of personal data.

Misuse of Private Information

Michael frequently advises large private and public bodies regarding their data protection obligation. He has particular experience in advising heathcare providers with regard to their obligations in respect of sensitive personal data.

He is currently instructed in respect of number of claims brought against NHS trusts for the misuse of personal data.

Regulatory and Disciplinary

Michael is instructed by both regulators and professionals.

Michael is regularly sought to act on behalf of healthcare and legal regulators. He has recently acted for or advised the General Medical Council (GMC), the Health and Care Professions Council (HCPC), the General Dental Council (GDC), the Professional Standards Authority (PSA), and the Council for Licensed Conveyancers (CLC).

He appears frequently before the High Court acting both for regulators and registrants.

Between 2017 and 2019, Michael completed secondments to the Bank of England’s Regulatory Action Division, and the Litigation and Enforcement Team acting in four complex and large-scale financial investigations into global banks.

Of particular note, he worked on the investigation into Citigroup’s UK operations, which resulted in a fine of £44m being imposed for failures in regulatory reporting governance and controls.

Cases of note

  • PSA v (1) GMC & (2) H [2021] EWHC 588 (Admin) - Acting for the PSA, before Mr Justice Chamberlain, successfully appealing a decision of the GMC’s Medical Practitioners Tribunal Service (MPTS) that a doctor should not be struck from the record for committing acts which would amount to sexual assaults. The court allowed the appeal in full and imposed the sanction of erasure.
  • PSA v (1) NMC (2) L (3) M [2019] EWHC 3326 (Admin) - Acting for the respondent nurse, before Mrs Justice Steyn, having also appeared at first instance, The registrant was charged with dishonestly providing a training certificate to a colleague, before that colleague had undertaken the training.
  • CLC v (1) W (2) M - Acting for the Council for Licensed Conveyancers (CLC) in a contested three-day hearing regarding breaches of code stemming from the downturn in business and subsequent closure of the practice. Sanctions of suspension and conditions of practice were imposed.

Recommendations

“Michael is brilliant in trials, gives excellent written advice, is very approachable and willing to help.” The Legal 500 2023