Michael Clarke

Michael Clark

Call 2009 (Lincoln’s Inn)
Qualifications LLB Hons (Bristol) First Class, Admitted as a Solicitor 2004, Former Chartered Tax Adviser.
Appointments Senior Associate Tutor of Law, University of Bristol, Junior Counsel to the Crown 2015 – 2020


Michael has experience of challenging and defending public law decisions in respect of a number of government agencies and accepts instructions in respect of statutory appeals and judicial review.

Michael acts for businesses in respect of commercial and contractual disputes and his work covers advice, advocacy at trial and alternative dispute resolution. His recent work includes:

  • acting on a confidential arbitration under the Arbitration Act 1996 in respect of a failed project to supply a ‘state of the art’ computer system
  • acting for a claimant in a claim for damages following the destruction of heavy plant following a fire caused by defective equipment
  • acting for a defendant company in respect of damage to the main electricity supply to a redevelopment site.

Michael undertakes licensing work and accepts instructions from local authorities, police forces and traders including advocacy and advice in respect of alcohol, entertainment and late night refreshment.

Michael has experience in respect of both residential and commercial property disputes. His recent work includes:

  • acting for clients in respect of disputed easements and restrictive covenants
  • successfully obtaining an order for rectification of a conveyance to exclude the operation of section 62 of the Law of Property Act 1925 and the Rule in Wheeldon v Burrows
  • appearing in a three day trial in the Leasehold Valuation Tribunal and successfully defending an application for the replacement of a manager and reduction in service charges
  • acting for claimants and defendants in respect of claims brought under the Trusts of Land and Appointment of Trustees Act 1996.

Michael undertakes a variety of regulatory work and has appeared on a number of regulatory enforcements. His recent work includes:

  • acting for a local authority in obtaining a final injunction restraining development on a site in contravention of a tree preservation order and temporary stop notice
  • two recent applications to set aside orders of the Magistrates granting a liability notice in respect of non-domestic rates
  • an appeal against sentence for environmental offences
  • a number of licensing hearings in respect of premises licences.

Michael provides tax advice, both ancillary to his areas of expertise and freestanding. In doing so he is able to draw upon his previous experience as a specialist tax solicitor when practising with Burges Salmon LLP and his previous qualification as a Chartered Tax Adviser. In particular he is able to advise in respect of:

  • income tax
  • capital gains tax
  • VAT
  • stamp duty land tax.

Michael’s practice includes:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Challenges to the validity of wills
  • Applications under the Trusts of Land and Appointment of Trustees Act 1996
  • Applications to remove personal representatives

Practice Overview

Michael has a commercial and chancery practice. His particular areas of expertise include: commercial and contractual disputes; professional negligence (particularly in relation to negligent tax advice and conveyancing transactions); real property litigation; wills, trusts, probate and inheritance (including applications under the Trusts of Land and Appointment of Trustee Act 1996); licensing and taxation.

Before coming to the Bar, Michael served as helicopter aircrew in the Royal Air Force for 6 years and as a police officer for 10 years. He was a solicitor in the law firm Burges Salmon LLP where he practised between 2002 and 2009.

In appropriate cases Michael will undertake work via direct access.