People

Michael Bolding

Year of Call: 2010

Email: michael.bolding@brickcourt.co.uk

Clerk: Julian Hawes julian.hawes@brickcourt.co.uk

Michael Bolding

Year of Call: 2010

Email: michael.bolding@brickcourt.co.uk

Clerk: Julian Hawes   julian.hawes@brickcourt.co.uk

overview

Michael practises in all areas of Chambers’ work. Before coming to the Bar, he taught contract law part-time at University College, Oxford, and spent a year working for a charity providing legal aid services in Kenya.

After completing his pupillage, Michael spent 10 months working at the UK Supreme Court as a Judicial Assistant to Lord Clarke of Stone-cum-Ebony and Lord Carnwath of Notting Hill. In that capacity, he provided written opinions on the merits of cases heard before the Supreme Court and on the merits of permission to appeal applications.

About

During his time as a Judicial Assistant at the Supreme Court, Michael was involved in some of the leading cases in commercial and public law:

Commercial law

  • VTB Capital Plc v Nutritek International Corp and others (forum non conveniens and lifting the corporate veil).
  • Benedetti v Sawiris and others (unjust enrichment).
  • Bloom and others v Pensions Regulator and others (the consequences of applying the financial support direction regime under the Pensions Act 2004 to insolvent companies).
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC (the availability of anti-suit injunctions in support of arbitration agreements where arbitration proceedings are neither on foot nor contemplated).
  • In the matter of the Alexandros T (Nos 1, 2 & 3) (the scope and effect of articles 27 and 28 of the Brussels I Regulation).

Public law

  • Bank Mellat v HM Treasury (the validity of a financial restriction order issued under the Counter-Terrorism Act 2008 and the availability of closed material procedures in the Supreme Court).
  • Smith and others v Ministry of Defence (the jurisdictional scope of the ECHR and liability under article 2 of the ECHR and at common law for military procurement decisions).
  • R (Chester) v Secretary of State for Justice (prisoners’ voting rights under the ECHR and EU law).
  • Re Local Government Byelaws (Wales) Bill 2012 (the legislative competence of the Welsh Assembly).

practice areas

Michael practises in Commercial, EU/Competition and Public Law.

Commercial

Notable cases

  • An LCIA arbitration involving a shareholders’ dispute concerning contracts worth over $47 billion (with Mark Howard QC and others).
  • An LCIA arbitration involving allegations of economic duress and breach of contract, worth over $50 million (with Andrew Henshaw QC).
  • A case involving a challenge to an arbitral award under section 68 of the Arbitration Act 1996 (with Andrew Henshaw QC).
  • Eurokey Recycling Ltd v Giles Insurance Brokers Ltd (Commercial Court), a claim for over £20 million against an insurance broker for negligence concerning the placing of material damage and business interruption cover (with Neil Calver QC).
  • Brit UW Ltd v F&B Trenchless Ltd (Commercial Court), a claim for a declaration that a contractors’ general liability insurance policy has been validly avoided on the basis of non-disclosure and misrepresentation by the insured (with Neil Calver QC).
  • Cherney v Deripaska (Commercial Court), a claim for around $4.5 billion relating to a disputed shareholding in a Russian aluminium company (as a pupil, assisting Fionn Pilbrow).
  • Attrill and others v Dresdner Kleinwort Ltd (Queen's Bench Division), a claim by a group of investment bankers for bonuses worth around €50 million promised during the height of the financial crisis in 2008 (as a pupil, assisting Martin Chamberlain).
  • Fiona Trust v Privalov (Court of Appeal), claims worth around $850 million brought by Russian shipping companies against their former directors for bribery, breach of fiduciary duty, dishonest assistance and conspiracy to defraud in relation to various charterparties (as a pupil, assisting Fionn Pilbrow).
  • CF Partners v Barclays Bank plc (Chancery Division), a claim worth around £71 million for breach of confidence and procuring a breach of contract in relation to a corporate finance deal involving a firm engaged in carbon credit trading (as a pupil, assisting Fionn Pilbrow).
  • Evolve Capital Plc v Hoskins (Chancery Division), a claim and counterclaim worth a total of around £1.2 million relating to loan agreements entered into in the context of an investment in a company which owned the intellectual property rights for a dental product.
  • LocumDiary Ltd v Lloyds Pharmacy Ltd, a dispute concerning interest and charges allegedly owed under the Late Payment of Commercial Debts (Interest) Act 1998.

Public Law

Notable cases

  • Animal Defenders International v United Kingdom (ECtHR Grand Chamber), a challenge under art. 10 of the ECHR to the UK ban on political advertising on television and radio (as a pupil, assisting Martin Chamberlain).
  • R (Greenpeace) v Secretary of State for Energy and Climate Change (Administrative Court), a challenge to the grant of licences for deepwater oil drilling to the west of the Shetland Islands (as a pupil, assisting Martin Chamberlain).
  • R (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs (Administrative Court), a challenge to the UK's alleged practice of providing the authorities in the United States with intelligence to facilitate drone strikes in Pakistan (as a pupil, assisting Martin Chamberlain).
  • Maslen v Chief Constable of Hampshire (Administrative Court), a challenge under arts. 6, 7 and 8 of the ECHR to legislation permitting police searches of the homes of convicted sex offenders (as a pupil, assisting Martin Chamberlain).
  • R (O'Hara) v Belfast International Airport Ltd (Queen's Bench Division Northern Ireland), a challenge under A1P1 and art. 6 of the ECHR to an ouster clause contained in legislation relating to the management of airports (as a pupil, assisting Margaret Gray).
  • Mersey Care NHS Trust v Booth (Upper Tribunal), an appeal against a decision of the First-tier Tribunal recommending that a person detained in a mental hospital be granted a conditional discharge (as a pupil, assisting Martin Chamberlain).

EU/Competition

Notable cases

  • R (Philip Morris Brands Sàrl and another) v Secretary of State for Health (Administrative Court), a challenge to the Secretary of State’s intention and/or obligation to implement Directive 2014/40/EU (the Second Tobacco Products Directive) (with Marie Demetriou QC and Daniel Piccinin).
  • Case C-362/12 Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (CJEU), a reference to the CJEU made by the UK Supreme Court relating to the remedies available under domestic law for the recovery of tax levied in breach of EU law (as a pupil, assisting Kelyn Bacon).
  • R (Eventech Ltd) v Parking Adjudicator (Administrative Court), a challenge to regulations excluding private hire vehicles from the use of certain bus lanes in London based on alleged violations of EU law (as a pupil, assisting Martin Chamberlain)
  • Astra Zeneca v Comptroller General of Patents, Designs and Trade Marks (Chancery Division), an appeal against a decision relating to the duration of a supplementary protection certificate for a medicinal product (as a pupil, assisting Kelyn Bacon)
  • Case T-12/12 Laboratoires CTRS v Commission (General Court), a claim under art. 265 TFEU for failure to act in relation to a centralised application for a marketing authorisation for a medicinal product (as a pupil, assisting Kelyn Bacon).
  • Interclass Holdings Ltd and another v Office of Fair Trading (Court of Appeal), an appeal against a penalty imposed by the Competition Appeal Tribunal for anti-competitive conduct (as a pupil, assisting Kelyn Bacon).
  • Secretary of State for Health and others v Servier Laboratories Ltd and others (Chancery Division), a claim against a number of pharmaceutical companies for damages for losses allegedly suffered by NHS bodies due to alleged anti-competitive conduct (as a pupil, assisting Kelyn Bacon).
  • Case C-286/11 P Tomkins Plc v Commission (CJEU), an appeal against a decision of the General Court relating to the imposition of a fine on a parent company for the anti-competitive conduct of its subsidiary (as a pupil, assisting Kelyn Bacon).

Publications

Competition Litigation: UK Practice and Procedure (2nd ed.), Oxford University Press (forthcoming), contributor

Administrative Court Digest, Sweet & Maxwell, contributor

Qualifications & Further Information

2012-13            Judicial Assistant to Lords Clarke and Carnwath, UK Supreme Court
2011-12            Pupillage, Brick Court Chambers
2010-11            LLM, Harvard Law School
2009-10            BVC, BPP Law School (Very Competent)
2009-10            Non-stipendiary lecturer in law, University College, Oxford
2008-09            BCL, Lincoln College, Oxford (1st class, 1st in year)
2004-07            LLB (Hons) (1st class, 1st in year)

Scholarships and prizes:

2011    Athens Scholarship, the Constitutional and Administrative Law Bar Association
2009    Queen Mother Scholarship, Middle Temple
2009    Vinerian Scholarship, University of Oxford (for the highest grade on the BCL)
2009    Sir Rupert Cross Prize for Evidence, University of Oxford
2009    Sir Ralph Chiles CBE Award for Human Rights, University of Oxford
2009    Rector's Prize, Lincoln College, University of Oxford
2009    Joint winner of the Holdsworth Society Moot, University of Oxford
2008    Supperstone Law Scholarship, Lincoln College, University of Oxford
2007    Human rights bursary, International Bar Association
2007    Oxford University Press Law Prize

Memberships

ALBA

COMBAR


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