Michael Bailey

  • Practice Groups
  • Family
  • Personal Injury
  • Public and Administrative
  • Career
  • 1986 Called to the Bar

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Profile

Michael specialises in Care Proceedings, Child Abduction, Negligence, Trusts of Land and Ancillary Relief. He is able to bring his experience of 15 years in the criminal courts to bear in parallel care and criminal proceedings.

Michael has been Leading Junior Counsel in Parent and Guardian Care Proceedings work.

He has also been involved in duty of care cases involving Local Authority, Health Trust and Government. He has successfully argued the HL principles in Stack v Dowden in a trust of land case and obtained a settlement in a negligence action arising from said principles.

He has been successful in the Court of Appeal on a number of occasions in relation to reported care proceedings (instructed by Essex CC in an appeal against findings of breach of A6 & 8) and name change cases (the latter involving Somali Muslim/patrilineal issues).

A reported duty of care case against the Home Office (Re K) involved the release of a dangerous convicted prisoner slated for deportation into the community.

He accepts some instructions on direct access basis.

Experience

Family

 Michael Bailey has vast experience of care proceedings for parents, Local Authorities and Guardians. He has been led on many occasions and instructed as leading junior counsel. Michael also has a wealth of experience in High Court and Principal Registry of the Family Division trials and has appeared on a number of occasions in the Court of Appeal.


Divorce

High Court and County Court big and medium sized money cases


Trusts of Land

Many contested hearings at CC level


Personal Injury

Including medical negligence: High Court and County Court, workplace (including MRSA settlement), occupiers liability, Road Traffic Accidents, misdiagnosis & delay in treatment


Professional negligence

County Court: in area of divorce and trusts of land


Public Authority statutory duty

High Court and Court of Appeal

Significant Cases

AA v (1) NA (2) K, J & Q (BY THEIR CHILDREN'S GUARDIAN) (2010) 2 FLR 1173, Mostyn J
Findings of domestic violence were set aside where a judge had erred by failing to explain his reasons, firstly for allowing a finding of litigation misconduct to inform his view about a party's overall credibility, secondly for accepting the evidence of a complainant despite significant inconsistencies in her evidence and thirdly for significantly revising his draft judgment to include a previously unmentioned finding that a father had struck his children.

RE I (A CHILD) [2010] EWCA Civ 319, CA
Information that a mother might not have been the sole perpetrator of her child's injury but was a possible perpetrator of that injury was not sufficient to merit a retrial of a fact-finding hearing in care proceedings but was information that would be given to the children who were removed from her to give them the best evidence in later life as to why they were removed.

RE W (A CHILD) (SHARED RESIDENCE ORDER) [2009]  2 FLR 436, CA
A shared residence order was appropriate even though the child was in the mother's care for 75 per cent of the time. Such order might be appropriate where it provided legal confirmation of the factual reality of a child's life, or where it might be psychologically beneficial to the parents in emphasising the equality of their position and responsibilities.

NJ V (1) ESSEX CC (2) CMJ (BY HER CHILDREN'S GUARDIAN) [2007] 1 FLR 77
Although there were features of the manner in which the local authority reached and communicated a care plan that fell short of proper standards of fairness and transparency in the conduct of care proceedings there was no infringement of the European Convention on Human Rights 1950 Art.6, as the departures from good practice were not sufficiently substantial to affect the fairness of the proceedings.

RE C & H (CHILDREN) [2004] EWCA Civ 1222, CA
The trial judge was entitled on the evidence to find that injuries sustained by the defendants' child were accidental and not the result of a deliberate act.

A (A CHILD) (2003) 2 FLR 1, CA
Where the judge had not had before him expert evidence on Somali custom and practice in relation to naming children, the order to change the registered name of the child was set aside.

K v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2002)  Times, July 22, CA
There was insufficient proximity to found a negligence claim between the victim of a rape, committed by a man due to be deported but released by the Secretary of State for the Home Department pending an application for the writ of habeas corpus, and the secretary of state.

Qualifications

BA (Hons)
LLM (Human Rights)