One Essex Court

Picture of Michael Clark

Michael Clark

Barrister
Date of call: 2005
Email: mclark@oeclaw.co.uk

Michael’s practice encompasses a broad range of commercial litigation and advisory work. He regularly appears in the High Court and County Courts, and has experience of interlocutory hearings and applications, and of conducting trials.

Michael receives instructions in all of chambers’ core areas.

In addition, Michael has gained particular experience in financial services, and energy and utilities regulation. He has advised Financial Services Authority on the introduction of a new liquidity regime (formulated following the 2008 financial crisis), on the sale of payment protection insurance by banks, and is currently advising on the pending transition of regulatory functions to the new Financial Conduct Authority and Prudential Regulatory Authority.  In relation to energy and utilities, Michael has advised and worked on secondment at the Office of Gas and Electricity Markets (Ofgem) and regularly advises the Water Services Regulation (Ofwat) on regulatory issues.

Scope of practice

  • Arbitration
  • Banking & finance
  • Civil fraud
  • Company
  • Energy & natural resources
  • Injunctions
  • Injunctions & interim applications
  • Insolvency
  • Professional negligence
  • Restitution
  • Sale of goods & supply of services
  • Sports, media & entertainment
  • Trusts
  • Utilities regulation

Examples of recent cases

Arbitration
  • Michael Wilson & Partners v Emmott [2011] EWHC 1441 (Comm)
    Instructed in an appeal against an arbitration award under sections 68 and 69 of the Arbitration Act 1996.
  • Advised in relation to a potential application for security under section 25.1(a) of the LCIA Arbitration Rules.
  • Assisted Lord Grabiner QC and Sa'ad Hossain, during pupillage in an arbitration relating to a high value PFI contract.
  • Assisted in drafting Terms of Reference and procedural orders in ICC and LCIA arbitrations.
Banking & finance
  • Currently advising the Financial Services Authority on the pending transition of regulatory functions to the new Financial Conduct Authority and Prudential Regulatory Authority.
  • Completed a four months secondment at the Financial Services Authority in 2010, advising on the implementation of a new liquidity regime (formulated following the 2008 financial crisis) for banks, building societies and investment firms (BIPRU 12 of the FSA Handbook), and assisting with applications by firms under section 148 of the Financial Services and Markets Act 2000 for modifications of that regime.
  • Advising, with David Wolfson QC and Guy Philipps QC, the Financial Services Authority in a high profile investigation into various products sold by banks.
  • Assisting Laurence Emmett, Counsel to the Office of Sir John Chadwick, who was appointed to advise HM Treasury on the extent of losses by policyholders in Equitable Life as a result of maladministration.
  • UBS v Tank & Rast (2008) (Comm)
    Assisted Jeffery Onions QC and David Wolfson during pupillage in advising, drafting, and trial preparation in a leading credit crunch case on a lenders ability to transfer its participation in a syndicated loan.
  • Advised a stockbroking firm and drafted pleadings in a claim for payment for services provided in connection with an IPO that was aborted by the client company prior to the proposed flotation.
  • Assisted during pupillage in advising a financial institution on the legal status of misplaced customers funds, in particular on whether the funds were held on a resulting or constructive trust.
Civil fraud
  • Itsalat International Company Ltd. v Allied TC Plc. & Ors. [2009] EWHC 1265(CH)
    Acted, with Stephen Auld QC and Hannah Brown, for the claimant in an action arising from an alleged multi-million US$ international fraud, involving deceit, breach of directors fiduciary duties, conflicts of interest, misappropriation of company assets, dishonest assistance and receipt, and cross-border jurisdictional issues.
Company (including directors’ duties and shareholder disputes)
  • Eilon & Associates Ltd v easyGroup IP Licensing Ltd (2011)
    Acted for the defendant/respondent in a summary judgment application involving issues of alleged breach of fiduciary duty and equitable set-off.
  • Acted for and advised Sir Stelios Haji-Ioannou, the founder of easyJet, on a number of disputes involving alleged breaches of fiduciary duty by executives of easy Group companies.
  • Advised members of a golf and country club, a company limited by guarantee, on a potential unfair prejudice petition and a derivative claim, arising from unilateral decisions by management to amend the club’s bye laws.
  • Appeared winding up petitions in the High Court.
  • Advised on bringing an injunction restraining the presentation of a winding up petition.
  • Advised in an international arbitration concerning a share purchase agreement, on whether the SPA gave rise to any equitable rights or fiduciary duties and on the availability of remedies for unfair prejudice under section 994 of the Companies Act 2006.
Contractual disputes inc. breach of contract
  • Manoudakis v easyGroup Holdings Limited [2011] All ER (D) 171 (Oct)
    Acted for easyGroup Holdings in a trial involving issues arising from alleged unauthorised usage of company credit cards, alleged to constitute breaches of fiduciary duty and breaches of implied contractual terms. The court found – as contended by easyGroup Holdings – that terms were implied into a consultancy agreement that the claimant had not previously acted in breach of his fiduciary duties, in light of the relevant background of the claimant’s prior involvement in the easy Group (on the basis of the principle recognised in Attorney-General of Belize v Belize Telecom Ltd [2009] UKPC 10).
  • Advised, with Ian Glick QC, a major multinational oil and gas corporation on the proper construction of payment provisions in a contract for engineering works on a gas terminal, and on the meaning of the term consequential loss in the contract.
  • Advised on the application and effect of force majeure clauses in the context of the 2009 swine flu pandemic.
  • Centrica v Premier Power Ltd [2007] EWCA Civ 1225
    Assisted Jonathan Sumption QC, John McCaughran QC and Sa’ad Hossain during pupillage in an appeal arising out of a long-term gas supply agreement. The appeal turned largely on a point of construction in the written agreement.
Energy & natural resources
  • Providing ongoing advice to the Office of Gas and Electricity Markets (Ofgem) on the introduction of the Renewable Heat Incentive Regulations 2011.
  • Secondment at the Office of Gas and Electricity Markets (Ofgem) (late 2010 to early 2011)
    Advising on the transposition into domestic legislation of the EU’s Third Energy Package and on Ofgem’s regulatory powers and duties under it.
  • Advised a major energy company on its right to obtain the names of leasehold tenants of residential properties from the owner housing developers and housing authorities.
  • Assisted Lord Grabiner QC and Sa'ad Hossain during pupillage in an expert determination on the effect of a price adjustment clause in a long-term gas supply agreement.
Insolvency
  • Advised on whether future rent was included a voluntary arrangement.
  • Advised on whether a proposed company voluntary arrangement qualified as an insolvency procedure for the purposes of a termination clause in a commercial contract.
  • Assisted in advising administrators on the effect and validity of a termination clause in a credit insurance policy.
Sports, media & entertainment
  • Assisted David Wolfson during pupillage in advising Chelsea FC in a dispute arising out of the transfer of the Premier League player John Obi Mikel.
Utilities regulation including electricity, gas, telecommunications, transport and water
  • Currently advising, with Thomas Sharpe QC, the Water Services Regulation Authority (Ofwat) on its ongoing review of future price limits.
  • Advised, with Thomas Sharpe QC, the Water Services Regulation Authority (Ofwat) on various regulatory issues arising from the Thames Tideway Scheme.
  • Advised, with Thomas Sharpe QC, the Water Services Regulatory Authority (Ofwat) on its powers and duties of enforcement under sections 18, 19 and 22A of the Water Industries Act 1991.

Summary of previous professional experience

Experience working in a variety of roles in leading Australian stockbroking firms
Research Assistant at the Law Commission

Other academic achievements

Winner of the national finals of the Bond University Australian Schools Mooting Competition: [1997 & 1998]
Winner of prize for Best Advocate in the national finals of the Bond University Australian Schools Mootng Competition: [1997]
Finalist in Weekly Law Reports Mooting Competition: [2004]
Winner of Environmental Law Society Mooting Competition: [2005]
Scholarship to study law at Bond University (Australia): [1997]
International Scholarship to study law at City University: [2003]
Lincoln's Inn Lord Denning Scholarship: [2004]

Education

Christ Church, University of Oxford (BCL); Inns of Court School of Law (BVC); City University (LLB (Hons)); University of Sydney (BA (Hons)); The King's School, Sydney.