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Practice Summary

 

'Calm and unflappable; his submissions are measured, realistic and persuasive.’

Described as ‘tenacious’, ‘approachable’ and providing ‘first-class legal analysis’, Michael Fealy is a leading silk who practises across the broad range of commercial law, litigation and international commercial arbitration.

His approach combines deeply-grounded technical expertise with calm and clear communication, and a down-to-earth style.  He is regularly praised for his ability to cut through complexity, his fearlessness in court, and his willingness to work closely as part of a team with clients and solicitors to achieve successful outcomes. 

His client base includes listed companies, owner-managed enterprises, energy businesses and government agencies, based in the UK and overseas.  Michael has experience in numerous international commercial arbitrations governed by a variety of rules, in FSA disciplinary proceedings and in expert determinations.

Called to the Bar in 1997, he became a QC in 2014. He is also a member of the Irish Bar (1995).

What the Directories Say

Michael is regularly recommended by the UK’s leading legal directories for both his legal expertise and his approachable attitude.

"Has a natural feel for the issues in a case and is quite down-to-earth." "He's very approachable and authoritative in the way he explains things."
Chambers UK 2019

‘Calm and unflappable; his submissions are measured, realistic and persuasive.’
Legal 500 2019

"Utterly tenacious and a joy to work with, particularly on cross-border disputes." "The points he makes are very good, and he gets judges on side."
Chambers UK 2018

"Extremely diligent, he offers first-class legal analysis."
Chambers UK 2017

“Clients simply love Michael. A smooth and forceful advocate, who is brilliantly clever and a great team player". "Extremely diligent and someone with first-class legal analysis".
Chambers UK 2016

"An iron fist in a silk glove when in court." "He's fantastic at seeing the wood for the trees and being able to navigate all of the complexities in a case. He makes matters simple so that both the client and judge understand his position."
Chambers UK 2015

"Very hard-working, very thorough and very clever."
Chambers UK 2015

Areas of Expertise - Some Highlights 

The cases below reflect some of the more important matters that Michael has handled, across a variety of practice areas. 

  • Michael is leading a team of juniors acting for the Danish tax authority in its high profile £1.5 billion fraud claim (SKAT v Solo Capital Partners) (www.nytimes.com/2018/10/05/business/denmark-skat-tax-scandal.html).

    The claim involves complex litigation in multiple jurisdictions, including the Commercial Court. 
     
  • He has significant experience in acting in disputes arising out of share sale and purchase agreements. He is particularly experienced in disputes concerning the formalities for notifying warranty claims, and acted for the successful party in Teoco v Aircom Jersey [2018] EWCA Civ 23. 
     
  • Michael acted for the successful claimant in Persimmon Homes v Hillier [2018] EWHC 221 (Ch) and [2019] EWCA CIV 800 (CA) in a claim for rectification of a share sale and purchase agreement and disclosure letter. 
     
  • He acted for the defendants in Ipsos -v- Aegis, a £200 million claim for damages for fraud and breach of warranty following a share purchase. Michael appeared in applications striking out large parts of the claim [2015] EWHC 117 (Comm) and [2015] EWHC 1726 (Comm).
     
  • Michael also has significant experience in energy related disputes. He has acted in three major arbitrations concerning price reviews under long term LNG contracts.
     
  • Michael acted in the long running dispute concerning control of the Connaught, Berkeley and Claridges hotels: Re Coroin [2014] BCC 14 and Misland v McKillen [2014] EWHC 3859 (Ch), Michael acted for a respondent.
     
  • He acted for the claimant in Swallowfalls v Monaco Yachting and Technology [2014] 2 Lloyds LR 50 (CA), [2013] EWHC 236 (Comm) and [2015] EWHC 2013 (Comm). The dispute concerned the interpretation of a loan agreement and the relationship between conflicting dispute resolution procedures under a construction contract and a loan agreement.
     
  • Michael appeared in RTS Flexible Systems Ltd v. Molkerei Alois Muller GmbH & Co [2010] 1 WLR 753, the first contract case in the Supreme Court, restating the principles for contract formation. 
     
  • He appeared as sole counsel at first instance in Macquarie International Investments Ltd v. Glencore [2009] EWHC 2267 Comm and subsequently with Ian Glick QC before the Court of Appeal ([2010] 1 CLC 1035), now the leading case on warranties on company accounts.