Michael Lerego QC
Call date
1972
Silk date
1995
Practice Areas
Commercial litigation and arbitration, especially banking, insurance, professional negligence,building & construction and employment.
Education
Manchester Grammar School
Haberdashers' Aske's School, Elstree
Keble College, Oxford (MA, BCL)
Appointments
Recorder (Crown Court and County Court)
Former Joint Head of Chambers (2003 - 2007)
Professor, The College of Law
Other Qualifications
Fellow of the Chartered Institute of Arbitrators
Fellow of the Higher Education Academy
Professional Experience
Commercial litigation and arbitration.
Recent Practice
Banking & Finance
Most aspects of banking litigation, including disputes about terms of loan facilities, enforcement of security, advice by banks and whether payments have been properly authorised by the customer. Appeared for National Westminster Bank in National Westminster Bank plc v Gill [2001] UKHL 44 in which the House of Lords laid down guidelines for banks to follow when taking security from a wife to support her husband's borrowing and in 2002-2004 for Lloyds TSB Bank in claims against that bank by Bournemouth Football Club and to enforce a director's guarantee. Wrote part of the original chapter on Bills of Exchange in Brindle & Cox, "The Law of Bank Payments", and edits that chapter in later editions.
Commercial Litigation
Advises on most forms of contractual drafting and disputes. Appeared for the successful second defendant in Michael Gerson (Leasing) Ltd v Wilkinson [2001] QB 514, the leading Court of Appeal authority on the passing of property on a re-sale by a seller remaining in possession of goods. Also appeared in Mostcash plc v Fluor Ltd [2002] EWCA Civ 975 (interpretation of settlement agreements) and Bournemouth & Boscombe AFC Ltd v Lloyds TSB Bank plc [2003] EWCA Civ 1755 & [2004} EWCA Civ 935 (effect of an invalid notice to terminate a contract & orders for costs against non-parties).
Arbitration
Fellow of the Chartered Institute of Arbitrators (1997). Has been appointed sole arbitrator in about 30 arbitrations under Lloyd's Arbitration Scheme.
Insurance & Reinsurance
Advises on wording of insurance contracts. Arbitrator under Lloyd's Arbitration Scheme, above.
A regulatory editor of The Encyclopaedia of Insurance Law.
Public Inquiries
Represented former Ministry of Agriculture, Fisheries & Food Ministers (principally Mr MacGregor, Mr Gummer, their junior ministers and Mrs Browning) at the BSE Inquiry (1999-2000).
Employment
Advises on injunctions to restrain strike action.
Professional Negligence
Advises and acts in accountants, solicitors & bankers negligence cases.
Partnership
Advises and acts in partnership disputes, including litigation concerning the format of a television game show and for the provision of fire safety services in the Middle East.
Sport
Acted for Lloyds TSB Bank in litigation in 2002-4 arising out of the insolvency in 1997 of the company running Bournemouth Football Club.
Construction
Appeared as junior counsel for the plaintiff in Department of the Environment v Thomas Bates Ltd [1991] 1 AC 499, decided at the same time as Murphy v Brentwood DC, in which the House of Lords defined the circumstances in which a builder may be liable in tort, and as leading counsel in Mostcash Ltd v Fluor Ltd [2002] EWCA Civ 975, litigation in the Technology & Construction Court about the design & construction of a paper manufacturing & recycling plant.
Notable Cases
Bournemouth & Boscombe AFC Ltd v Lloyds TSB Bank plc (No 2) [2004] EWCA Civ 935
Costs against non parties
Bournemouth & Boscombe AFC Ltd v Lloyds TSB Bank plc [2003] EWCA Civ 1755
Effect of invalid notice to terminate contract
Lloyds TSB Bank plc v Hayward [2002] EWCA Civ 1813
Insufficiency of Judge's findings of fact
Mostcash plc v Fluor Ltd [2002] EWCA Civ 975; [2002] BLR 411; 83 Con LR 1 Settlement agreements: interpretation
National Westminster Bank plc v Gill (heard & decided with Royal Bank of Scotland v Etridge (No. 2)) [2001] UKHL 44; [2002] 2 AC 773
Security over matrimonial home for husband's borrowing
Business Online Group plc v MCI WorldCom Ltd, Court of Appeal, 9 August 2001
Injunction restraining termination of telecommunications services
Michael Gerson (Leasing) Ltd v Wilkinson [2001] QB 514
Transfer of title to goods by seller in possession
Raybould & Co v Jameson Design Ltd, Gage, J., 3 November 2000
Solicitors' negligence; scope of duty amp; damages
BSE Inquiry 1999-2000
Represented several former MAFF ministers
Medcalf v Mardell, Lloyd J., 31 March 1999
Partnership accounts
Orange Personal Communications Services Ltd v Squires [1998] CLY 623, Court of Appeal, 6 February 1998
Summary judgment; bribery of agent
Palmers Corrosion Control Ltd v Tyne Dock Engineering Ltd, Court of Appeal, 20 November 1997Arbitration; stay of court action
Barker v Grant Thornton, May J., 4 February 1997 Accountants' negligence
TSB Bank plc v Katz [1997] BPIR 147
Procedure for setting aside transactions to avoid creditors
National Westminster Bank plc v Kitch [1996] 1 WLR 1316
Procedure for recovery of secured debt
Rexhaven Ltd v Nurse (1996) 28 HLR 240
Mortgagee's application for relief from forfeiture of long lease
Milburn Services Ltd v United Trading Group UK Ltd (1995) 52 Con. LR 130
Sub-contracts; interpretation & damages
R v Northumberland FHSA, ex p Aitchison [1994] COD 406
Judicial review; NHS
Department of the Environment v Thomas Bates & Son Ltd [1991] 1 AC 499
Builders' duty of care in tort
Chase Manhattan Equities Ltd v Goodman [1991] BCLC 897 Insider dealing
Huxford v Stoy Hayward (1989) 5 BCC 421
Accountants' negligence
Business Seating (Renovations) Ltd v Broad [1989] ICR 729
Contract of employment; restrictive covenant
Perrylease Ltd v Imecar AG [1988] 1WLR 463 Guarantee; interpretation
Alexander v Home Office [1988] 1 WLR 968 Discrimination; damages
Willment Brothers Ltd v NW Thames RHA (1984) 26 BLR 51
Bills of exchange; insolvency
R v Hillingdon Health Authority, ex p Goodwin [1984] ICR 800 Judicial review; NHS
Castanho v Brown & Root UK Ltd [1981] AC 557Injunctions against foreign proceedings
Publications
Contributor to 'Law of Bank Payments' (eds. Brindle & Cox), 3rd edition (2004): chapter on Bills of Exchange.
Contributor to 'Commercial Court Procedure 2001' (2000)
Regulatory Editor, The Encyclopaedia of Insurance Law.
Contributor to Blackstone's Criminal Practice 2008 & 2009: company, investment, insolvency, customs, revenue and social security offences.
- Encyclopaedia of Insurance Law
- Company, Investment & Insolvency Offences and Revenue & Social Security section
Other Experience
Advocacy Trainer, Inner Temple and South East Circuit
Teaches civil litigation and advocacy on the Bar Vocational Course at The College of Law, Bloomsbury.
Governor, Wroxham School, Potters Bar (1995-2004)