Michael heads the Property Dispute Resolution team in Manchester and works on complex, high profile litigation, advising major utility and property companies, Universities and Government Departments, with particular expertise on matters arising for landowners under the Electronic Communications Code.

Michael's experience

  • Advising United Utilities on its high profile litigation with Manchester Ship Canal Company concerning UU’s discharges of water and treated effluent into Manchester Ship Canal. The litigation returns to the Supreme Court in March 2023, when the SC will be sitting in Manchester as part of its outreach programme.

  • Advising some of the largest property development companies within the UK, including Land Securities, Royal London, The Portman Estate and St Modwen on their proposed developments of various sites, advising on strategy for securing the removal of electronic communications apparatus (under the Electronic Communications Code) to facilitate redevelopment

  • Advising a leading land and property regeneration company, seeking to develop a large area of land in Westhoughton Bolton into a significant new industrial estate, on various development constraints on site and devising an appropriate mitigation strategy to ensure delivery of the scheme and avoid unnecessary disputes.

  • Advising United Utilities and Water Plus in connection with a complex dispute with the University of Salford in connection with allegedly overpaid surface water drainage and highways drainage charges and the status of sewers. Listed for a 10-day trial in October 2023.

  • Advising a property development company on the proposed sale of a strategically important site in High Wycombe, Buckinghamshire in alleged contravention of a Promotion Agreement between our client and a third party promoter. We advised the client on a strategy which ultimately enabled the sale to proceed and the promotion agreement to be terminated, on terms favourable to our client.

  • Advising United Utilities on their compliance with the requirements of the Environment Act 2021, following the Office for Environmental Protection’s (“OEP”) announcement in June 2022 that it would carry out an investigation into the roles of Ofwat, the Environment Agency and Defra in the regulation of combined sewer overflows in England.

  • Acted for Accor UK Business & Leisure Hotels Limited in relation to tribunal proceedings brought by EE Limited and Hutchison 3G Limited (the “Operators”) for interim and permanent rights under the Electronic Communications Code.

  • Advised Linnaeus on approximately 150 applications to its landlords to assign its leases to a group company in order to facilitate the re-organisation of the group structure. The leases in question were not in the same format and included varying provisions relating to landlord's consent to assign. Complex advice therefore had to be given on the ability (or otherwise) of the landlord to refuse consent and the client's remedies if consent was refused.

  • Acted for United Utilities in the Supreme Court in defence of a substantial claim for damages and / or injunctions concerning the discharge of water and treated sewage into the Manchester Ship Canal.

  • Advised on a claim for declaratory relief in connection with the proper interpretation of 'service costs' provisions in leases of Brixton Village and Market Row, London.

Credentials

  • 2026
    Thomson Reuters Stand Out Lawyer
  • 2020
    Partner
  • 2012
    Legal Director
  • 2000
    Joined Pinsent Masons
  • 1999
    Qualified - England and Wales
  • 1997
    College of Law, York - LPC (Commendation)
  • 1997
    Nabarros - Trainee Solicitor
  • 1997
    University of Leicester - LLB Law
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Out-Law / Insight by Michael Smith

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