Michael Walsh

Call 1996

Michael Walsh | Call 1996

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Overview

Michael has represented Claimants and Defendants for two decades in serious injury claims, from formulating pre-litigation strategy, to Inquests, trials, and appeals, and is noted for his focus on delivering practical solutions. Michael particularly specialises in clinical negligence and personal injury involving complex causation, professional negligence issues, and cases of significant value that require detailed analysis and / or quantum schedules / counter-schedules. Michael is a co-author of Medical Treatment: Decisions and the Law, 3rd and 4th edition, and sits as an Assistant Coroner in Buckinghamshire, and Oxfordshire.

Michael is clerked primarily by Lee Johnson, Clare Sabido, Jennifer Pooler and Emma Bell.

‘A wonderful barrister who is an expert in his field and handles the most complex and sensitive cases with ease.’  The Legal 500

Michael is co-author of Medical Treatment: Decisions and the Law, 4th edition.

Experience & expertise

Michael has significant experience of injury claims of all complexions, and is often engaged where personal injury and clinical negligence claims co-exist. He is increasingly engaged in mental health clinical negligence claims, and jury and Article 2 Inquests, arising from deaths in nursing homes and deaths in secure psychiatric facilities or prisons.  The Legal 500 note that he is ‘Silk material’, ranking him as a leading junior in the fields of Inquests & Inquiries and Clinical Negligence.

cases & work of note

Michael’s caseload includes complex and high value claims and Inquests, where Michael finds his experience in understanding and cross-examining clinicians of all disciplines, of greatest value whichever side of a case he is fighting. He has a particular interest in cases including brain injury, spinal injury and mental health issues.

Michael’s current caseload includes:

  • Double amputation;
  • Wrongful birth;
  • Death in prison due to overlooked bowel obstruction;
  • Delayed diagnosis in the presence of Cauda Equina Syndrome; and
  • Adult deaths following discharge from mental health facilities.

Recommendations

Michael is ranked as a leading junior in The Legal 500 for Clinical Negligence and Inquests and Inquiries. Recent editorials include:

‘Michael is an incredibly experienced and skilled barrister.’

‘Michael is a fantastic strategist who hones in on the key issues of a case straight away. His advocacy is fantastic: persuasive and a pleasure to listen to.’

‘A wonderful barrister who is an expert in his field and handles the most complex and sensitive cases with ease.’

‘Silk material.’ 

‘Michael is experienced well beyond his years of call. He is highly competent and his knowledge on medico-legal matters is envied by his peers.’

 ‘He is an exceptionally well-prepared advocate who diligently, politely but vigorously, and very effectively advances matters on behalf of his client.  His mastery of the details of the case inform excellent questioning of a witness in a manner that is both consistent with the non-adversarial nature of coronial proceedings but at the same time forensically exposes weaknesses and deficits in the witness evidence.‘

‘A confident and very well-prepared advocate, who represents clients with calm authority and precision. He provides first class written submissions and his advocacy is focused, steady and persuasive.’

“Michael’s knowledge of HRA and mental health law in particular is really extensive and he excels in this area giving detailed advice and delivering meticulous pleadings.”

and

“Michael provides incisive, practical advice that is really helpful to both instructing solicitors and clients.”

His paperwork has been described as providing “exceptionally clear advice, and submissions that always make the most of your case.”
Simon Cheverst, Senior Solicitor

And during settlement negotiations, as “able to predict exactly where we were going, kept the client at ease throughout what ought to have been tense negotiations, and achieved a great result all-round.”
Sarmad Gassoub, Senior Solicitor

Michael has variously been described as a “results-focussed” barrister, and “just the right Counsel for difficult cases. He always delivers, without unnecessary grandstanding or fanfare.”
Inez Brown, Partner, Harrison Clark Rickerbys / Medical Accident Group

Academic

Michael graduated from Goldsmiths’ College, London University, with a First class degree; and secured scholarships from Middle Temple whilst studying for the Post-Graduate Diploma in Law (law conversion course) at City University, as well as during Bar Finals at the Inns of Court School of Law.

Seminars/lectures

Michael has organised, managed and presented seminars and conferences; and has provided legal updates (for APIL, Oxford Neurosurgery Medical Law Conference, BMA, AvMA and others), and regularly contributes to seminars and training for instructing solicitors’ clinical negligence and inquest departments.

Publications

  • Medical Treatment: Decisions and the Law (MTDL), 4th edition, 2022, Michael Walsh (contributing co-author)
    Michael co-authored chapter two: Consent and Capacity – Adults in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.
  • Journal of Observational Pain (JoOP)
    Dr Rajesh Munglani (Editor-in-Chief), Michael Walsh (one of several past assistant editors);
  • Clinical Negligence Claims: A Practical Guide (2nd edition), Michael Walsh (contributing editor)

reflections

I became a lawyer because finally, I discovered a career in which a penchant for pedantry can be an asset!

I remained a lawyer because, as clichéd as it sounds, I enjoy making a real difference to clients’ lives. Over twenty years of guiding lay and professional clients through Inquests and injury claims of every severity and value, can easily engender insensitivity or cynicism. However, it just as often humbles you, and reminds you to appreciate all the things in life that are all too easily taken for granted.

“As clichéd as it sounds, I enjoy making a real difference to clients’ lives”

A fundamental skill for any Counsel, is the ability to appreciate all perspectives in a case. It is all too easy to develop ‘tunnel-vision’ when engrossed in litigation; so having the capability and experience to act on behalf of claimants, defendants, and all interested parties in your chosen area, allows you to more easily understand your opponents, their objectives, and their weaknesses, and by extension, how to achieve the best result for your own clients.

If I wasn’t a lawyer, I think I’d teach scuba-diving in a far-flung beach destination, and grow old disgracefully.

Life-lessons learned on the way: For me, the ‘job’ is and always has been about the people I’m lucky enough to work with. The quality of those individual interactions with lay and professional clients, judges, experts, and work colleagues, is often reward in itself; as is the satisfaction of fighting ‘tooth and nail’ to protect your client’s interests. And just as importantly, “remember to be nice to everyone you meet on the way up…”

Professional memberships

  • Professional Negligence Bar Association
  • Personal Injury Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Education Law Association

privacy

Michael adopts and adheres to the provisions of his privacy notice which can be accessed here.

Further Information

For further details of Michael’s practice please click on the links to the left or contact a member of the clerking or client service.

Bar Council Membership No: 35308
Registered Name: Michael Steven Walsh
VAT Registration No: 687814187