The 36 Group
36group.co.uk36group.co.ukBarristers
Michael Rudd
- Phone020 7421 8000
- Email[email protected]
Position
Michael has a mixed practice encompassing planning, environmental, public and administrative law, as well as matters of civil and commercial law, including employment disputes. He has particular expertise in judicial review challenges. Michael acts for developers, government agencies, local planning authorities, residents’ groups, pressure groups and private individuals. He has considerable experience in planning, enforcement and compulsory purchase appeals for a wide range of developments as well as in local plan inquires. He is frequently instructed in statutory reviews, judicial reviews, injunction applications and criminal prosecutions. He recently successfully represented a local authority in the first case addressing the definition of a ‘hedge’ under the High Hedges legislation (Castelli v London Borough of Merton [2013] EWHC 602 (Admin)). He has also both prosecuted and defended in the Magistrates’ and Crown Court in matters relating to enforcement and stop notices, noise abatement notices, waste management licences, statutory nuisance, trading standards and the control of advertising regulations. Michael has advised on matters relating to the Commons Registration Act and has petitioned the Cross-Rail Parliamentary Select Committee on behalf of a local residents association. He deals with a full range of matters such as domestic development through residential schemes to commercial and industrial projects (retail, office, leisure, hotel and landfill and equestrian centres) and has an established practice representing gypsies, travellers, and travelling show people in both planning and criminal matters. He also has a particular expertise in proceedings under the Proceeds of Crime Act 2002 following on from planning enforcement prosecutions. Michael regular provides pre-application advice and expediency advice on enforcement and statutory nuisance matters. In the field of asylum and immigration law he regularly appears in the First Tier and Upper Tribunal, the Administrative Court and the Court of Appeal. Michael has a particular interest and expertise in cases involving Tamil, Eritrean and Somali asylum claims, Gurkha dependant matters, Article 8 arguments and general entry clearance disputes. In AZ v SSCLG (2012) EWHC [2012] 3660 (Admin) he recently employed his knowledge of Article 8 and the ‘best interests of children’ arguments in the first successful High Court planning law challenge based on rights under the UNCRC and Children Act 2004. Michael practises extensively in employment law, representing both claimants and respondents in many kinds of cases including unfair dismissal, breaches of contract, TUPE, redundancy, pregnancy and sickness related dismissals and all forms of discrimination, with a particular expertise in maternity leave matters. He advises on and drafts contracts, compromise agreements and all types of pleadings. Michael also has a broad civil litigation practice, providing advice and representation at all levels. He has particular expertise in respect of residential and commercial property, boundary disputes, trespass, negligence and nuisance cases. Advice and representation is also available in contractual and personal injury matters.
Career
Called 2002; Inner Temple. Accepts direct public access instructions. Preferred counsel for the Equalities and Human Rights Commission. Grade 3 prosecutor. Before being called to the Bar Michael spent 14 years in the development industry and has advised on some of the most prestigious development projects in recent years including the Channel Tunnel Rail Link, Heathrow Terminal 5 and the Canary Wharf Development.
Memberships
Planning and Environmental Bar Association; United Kingdom Environmental Law Association; Criminal Bar Association; Fellow of the Geological Society.
Education
University of Keele (1988 BSc (Hons) Geology and Physics); University of Durham (1989 MSc Advanced Engineering Geology); University of Canterbury (2000 LLM Environmental Law and Planning); City University (2001 PGDip), Inns of Court School of Law (2002 BVC, PGDip).
Leisure
Cycling, ultra-marathons, skiing, rugby.