Michael Tomlinson KC 3

The Rt Hon Michael Tomlinson KC

Year of Call: 2002
Year of Silk: 2022
Email Address: [email protected]
Telephone: 01202 292102

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Clerks Details

  • Clerk Name: Robert Leonard
  • Clerk Telephone: 01202 249898
  • Clerk Email: [email protected]
  • Clerk Name: David Fielder
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]

Property and Estates

Michael Tomlinson KC is a barrister specializing in property cases as well as chancery disputes. The former MP and Solicitor General returned to private practice in September 2024, having worked from 3PB from 2003 until 2015.
Michael’s practice encompasses the broad range of property and land work carried out in Chambers; including rights of way; boundary disputes; covenants; and breaches of planning.

Given his background, Michael has a particular interest in statutory interpretation, and many of his cases involve niche or “interesting” points of law.

Michael believes that there are many property and land disputes that are ripe for mediation and as a qualified mediator he is able to undertakes work as a mediator for property disputes as well as wider commercial and civil matters. He has also appeared as an advocate at mediation.

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 in which Michael 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 in which Michael 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.
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