Michael McHardy

Call: 2017

Practice areas

Education

  • L.L.B (London School of Economics and Political Science) 2:1
  • BPTC (BPP University) Very Competent

Background

Michael joined Chambers following successful completion of his pupillage. His practice areas cover immigration, criminal and civil law. Prior to the commencement of pupillage Michael gained experience working as a civil advocate for Quest Legal Advocates. Michael represented clients in the County Court in matters such as infant approval hearings and personal injury matters including traffic collisions.

Immigration

Michael appears regularly in both the First Tier and Upper Tribunal Immigration and Asylum Chamber in areas ranging from submissions under the EEA regulations, asylum claims and bail applications.

Relevant Cases

A (Vietnam) 2019 v SSHD – Successfully represented a young woman who had fled Vietnam on the basis of the persecution she had faced due to her religious and political beliefs.

P (India) v SSHD 2019 Successfully established the rights of a man to remain in the UK under the “10 year rule” as enshrined in the recent case of OA and Others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 00065(IAC).

Y(Iraq) v SSSHD 2019 – Secured bail for a young person facing removal under the Dublin 3 Convention.

DK (Iraq 2019) – Established in the Upper Tribunal that the first tier judge had materially erred in law by failing to consider the relevant country guidance case in relation to the contested areas of Kirkuk.

Crime

Michael’s criminal practice covers both defence and prosecution. He appears regularly on behalf of the CPS and has also prosecuted for the National Probation Service. His experience includes cases of violence and domestic abuse, theft, burglary, vehicle related crimes and drug offences.

Relevant cases

R v F Lewes Crown Court 2018 – The Defendant was sentenced for 2 years for 2 counts of possession with intent to supply class A drugs.

R v R  2019 Guildford Magistrates Court represented the crown in the sentencing of a man who had pleaded guilty to the crime of bigamy.

R v A and B 2019 Staines Magistrates Court – Successfully prosecuted a two handed ABH trial.

R v Q 2018-Maidstone Magistrates Court – Successfully prosecuted the Defendant who had subjected her former partner to a sustained period of stalking.

R v E  2018 Reading Magistrates Court – Secured the acquittal of the Defendant who was facing a charge of assault by beating.

Civil

Michael’s civil caseload ranges from personal injury including stage 3 quantum and infant approval hearings, housing law including landlord and tenant disputes, contractual disputes and family law matters including applications for non molestation orders at the family and county courts. He has been instructed on behalf of both Claimant and Defendant for both interim and final hearings in small claims matters. Michael also has a keen interest in the area of employment law, having a background of pro bono work for organisations including the Free Representation Unit and the Employment Law Telephone Advice Line.

Relevant cases

AB v CB (2018) –  Negotiated a five-figure settlement in a claim under both wrongful and unfair dismissal in the Employment Tribunal. This work was undertaken on behalf of the Free Representation Unit.

M v AH (2018) – Successfully represented a client claiming for the non payment of a wedding ceremony.

Awards

  • Inner Temple Exhibition Award (2016)
  • BPP scholarship for academic excellence (2016)
  • BPP scholarship for excellence in advocacy (2016)

Interests

In his spare time Michael is a keen musician, playing the flute to grade level 8. He also enjoys cross country cycling and hiking.

Michael McHardy
10 King's Bench Walk
Temple
London EC4Y 7EB
(t) +44 (0)20 7353 7742
(f) +44 (0)20 7583 0579
(DX) 24 LDE