Michael Miller

Injunctions, Emergency Court Relief & Search Orders & Data Theft & Protection

• Injunctions, Emergency Court Relief & Search Orders & Data Theft & Protection Regularly instructed on matters relating to alleged breaches of confidentiality and restrictive covenants in employment contracts and/or shareholder agreements.
• Heavily involved in a composite matter which involved a global retail company that issued a claim against its former senior employees for breach of the restrictive covenants within their Service Agreements. Michael acted for the Defendants and the retail company applied for (and was granted) interim injunctions. The matter was proceeding towards an expedited trial; however, we were able to negotiate a settlement that was favourable to our clients.

Civil Recovery Proceedings (Proceeds of Crime Act 2002)

• Settled a claim on very favourable terms that was brought by the NCA (National Crime Agency) against our client. The Claim relates to the NCA alleging that some of our clients’ assets were acquired using the proceeds of crime (including mortgage fraud).

Professional Negligence

• Achieved a favourable settlement on an intricate professional negligence matter regarding the Claimant’s Claim against its former solicitors. The case related to an inappropriate head of Claim (defamation) being issued by the Defendant (on behalf of the Claimant) during the initial instruction, which resulted in that head of Claim being immediately struck out and the Claimant receiving an Adverse Costs Order.
• Involved in a c£10m claim that was brought against our client relating to damage caused to a plane when a fire protection system malfunctioned. We were able to successfully negotiate a favourable settlement after a second mediation.

Shareholder Disputes

• Acted on a potentially complex and vitriolic shareholder dispute regarding initial stages of designing a health food bar. Michael was able to negotiate a settlement that achieved our client’s aim of removing the offending shareholder from the business.
• Worked on a dispute relating to breaches of the earn-out provisions contained in a Share Purchase Agreement, following the global retail company’s purchase of the entire shareholding in our clients’ retail company.

Banking & Finance Litigation

• A key member of the team from inception to Trial on a £40m Claim against a retail bank for various types of mis-representation regarding complex derivatives and regulatory breaches.
• Working on various banking litigation and financial regulation disputes, These include, amongst other things, disputes with all major banks in relation to; derivatives, LIBOR manipulation, FX manipulation, Global Restructuring Group and disputes with various insolvency practitioners in relation to them failing to comply with their duties.
• Worked on a wide array of disputes against banks including contractual disputes regarding facility agreements and breaches of various covenants, disputes regarding undue influence and duress, disputes in relation to Personal Guarantees, disputes in relation to release of company clients’ security by the Bank and negotiating exit deals – including liaising with the restructuring team in circumstances where the client is required to raise finance.

Debt Recovery

• Regularly instructed by various clients (including a local authority) to recover debts of varying sizes and forms.
• Brought a possession Claim on behalf of a liquidator in respect of a former director’s (of the insolvent company) residential home. The Claim related to monies that the director had paid to himself in dividends that were in fact owed to HMRC. The matter was successfully settled (from our clients’ perspective) on the day of the possession hearing.

Commercial Contract Disputes

• Regularly advise clients in a non-contentious capacity in respect of various forms of commercial contracts.