Michael joined Lockharts in August 2005 and was admitted as a Solicitor in September 2007. Michael is a member of our Dispute Resolution & Regulatory teams.
Michael has a broad experience in advising partnerships on the resolution of internal disputes in a variety of forums including both Arbitration and Court proceedings, as well as in assisting partnerships to mediate settlements in both formal and informal mediations. Michael has gained extensive experience advising on partnership agreements, especially on construing expulsion clauses and advising partnerships on such powers as they may have.
In addition to partnership disputes, Michael also advises practices on employment matters (such as discrimination claims) and in general employment law matters. Michael has advised practices on a variety of employment issues including on the dismissal of both clinical and non-clinical staff. Michael has advised on enforcing, and resisting, claims to enforce restrictive covenants contained in a variety of contracts (dental sales agreements, employment contracts, partnership agreements).
Michael, alongside Andrew Lockhart-Mirams, was involved in the Crouch case where Lockharts successfully represented the British Dental Association as interested parties in a Judicial Review over the meaning of the termination provisions in the dental PDS Agreements. Judicial Review is increasingly important in the health field as flawed decisions by public bodies such as PCTs and SHAs, where the public body refuses to reconsider, are often only challengeable by Judicial Review.
Some decisions by PCTs are challengeable other than by Judicial Review, the most well known being the NHSLA. Michael has assisted a variety of partnerships and individuals with contractual disputes with their PCT to bring challenges in the NHSLA. Michael has assisted individuals who have had sanctions imposed by their PCT and has, for instance been involved in a case successfully appealing the decision of a PCT to terminate a GP’s NHS contract.
Procurement decisions by PCTs can be controversial, and legally complicated. Whether concerning the application of the Public Contracts Regulations, EU law or related matters such as the vulnerability of any public consultation to challenge, Michael has experience of advising a variety of interested parties (including bidders, interest parties and LMCs).
Michael has advised practices on a variety of issues concerning dispensing and pharmacy matters. In particular, Michael has experience in advising on:
- Making and contesting “control of entry” pharmacy applications
- Joint ventures between practices and pharmacists
“I am extremely indebted to yourself and your colleagues at Lockharts for the professionalism, concern and determination that you have shown in dealing with our case” - (July 2008)
“Your support and advice during this difficult time for the practice has been much appreciated” - (February 2010)
“For the time being thank you for being there when I needed a reassuring voice and calm wisdom” - (Jan 2011)
“Good news, nice to get everything settled. Thanks for the newsletter, it would be good to receive it, and whilst we hope not to need solicitor’s services too often, we will definitely be in contact if we should!” - (May 2011)
“Thank you for your help and support and I am sure we will be in contact in the near future” - (June 2011)
“I am very pleased with this outcome. Thank you very much for your hard work” - (August 2011)
“Thank you very much for your good work in this matter, I am very grateful” - (Jan 2012)
“Please can I take this opportunity to thank you very much for your excellent advice and support throughout this problematic period, it was very much appreciated” - (Feb 2012)
