Michael Tomlinson MP

Year of Call: 2002

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Overview

Michael Tomlinson is a door tenant at 3PB.  His practice encompasses a broad range of civil work, acting for both claimants and defendants. This work includes:

  • Contract
  • Landlord and tenant
  • Personal injury
  • Property and chancery
  • Public law & regulatory

Michael was appointed to Attorney General’s Regional Panel, and between 2007 and 2012 undertook civil work, both advocacy and advisory, for all Government departments.

He is instructed to advise and appear in a range of civil matters and regularly appears in fast track and multi track hearings and applications as well as mediations.  He has appeared in courts up to and including the Court of Appeal. For more information please see his specialist profiles.

Although Michael’s practice is predominantly based on the Western Circuit, he is frequently instructed in disputes across the country and undertakes cases nationwide.

Michael won a major scholarship at the Middle Temple and was a member of the mooting team that won the Middle Temple mooting cup in 2002. Michael also represented the Middle Temple mooting team in Hong Kong and the Far East in 2003 and California in 2002.

Pro Bono Work

Michael undertakes a number of pro bono cases each year.  He has set up links with local CAB offices and undertakes both advisory work and advocacy in suitable cases.  As part of his pro bono work, Michael has taken part in legal projects in both Sierra Leone and Rwanda.  He has also led mediation training sessions in both Sierra Leone and Rwanda.

Expertise

  • Property and Estates
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    Notable cases:

    • Borough of Poole v Davey and McGuire (2012) – successful prosecution of two defendants for breaching a Tree Preservation Order, resulting in one of the largest fines for this sort of planning breach as well as a confiscation order
    • R (on the application of A) v X Council (2011) - drafting a claim for Judicial Review against a local planning authority. The LPA conceded the claim and acknowledged that it had fallen into error
    • Three Rivers DC v Noonan (2010) - appeared on behalf of the local authority in the Crown Court at St Albans successfully prosecuting the defendant for a number of planning enforcement breaches
    • R (on the application of Guest) v Director of Public Prosecutions [2009] EWHC 594 (Admin)
      Judicial Review - successfully appeared on behalf of the claimant challenging a decision of the CPS not to prosecute an alleged violent offender
    • R (on the application of W) v Department for Work and Pensions (2008) - advising and drafting claim for Judicial Review considering the interrelationship between the Insolvency Act 1986 and the Social Security Administration Act 1992. The DWP offered to settle the JR proceedings on terms sought by the claimant
    • R (on the application of Culley) v Dorchester Crown Court [2007] EWHC 109 (Admin)
      Judicial Review: appeared before Forbes J on behalf of the interested party
    • Boyland & Son Limited v Persons Unknown [2006] EWCA Civ 1860, [2007] HLR 369,
      Times January 18, 2007 - possession claim in respect of trespassers to land
    • Director of Public Prosecutions v D [2006] EWHC 314 (Admin); LTL 21/2/2006
    • Law Society v Claire Louise Wilson [2006] EWHC 1022 (Admin); LTL 19/5/2006.

Academic qualifications

  • BA Classics (Hons) (London)
  • Postgraduate Diploma in Law (College of Law)

Scholarships

  • The Malcolm Memorial Prize for Advocacy (College of Law, 2002)
  • The Sachs Prize (Middle Temple, 2002)
  • Rosamund Smith Mooting Cup (Middle Temple, 2002)
  • Queen Mother Scholarship (Middle Temple, 2001)

Professional qualifications & appointments

  • Attorney-General's Junior Counsel to the Crown (Regional Panel) 2007-2012

Professional bodies

  • Personal Injury Bar Association (PIBA)
  • Property Bar Association