Michael Collard (1986)

Head of Chambers

Year of call 1986

Areas of practice Property and construction, Business and commercial, Insurance, Regulatory, Mediation, Arbitration, Direct Access


“Thank you so very much for your help, time and patience”

Biography

Michael is a very experienced property litigator with a calm and professional manner which puts clients at ease. He is intellectually sharp with great attention to detail, but never forgets that people are at the heart of all disputes and treats his clients with kindness and empathy.

Michael’s primary practice is property litigation, particularly landlord and tenant and construction cases. He also has experience in contract litigation, professional liability  and judicial review proceedings.

In addition to his litigation practice, Michael is a qualified mediator and adjudicator. His commercial and legal expertise combined with his pragmatic people skills make him a great choice for resolving complex disputes.

Michael is Head of Chambers and a Bencher of Middle Temple.

Michael has extensive experience acting for landlords and tenants in commercial and residential property cases, with clients ranging from large housebuilders to local authorities and individuals. His recent cases involve dispositions of freehold and leasehold interests, possession, rent arrears, disrepair, dilapidations, and service charges. He has recently been successful in a claim against a guarantor under a commercial lease in respect of the lessee's rent, insurance rent, and repairing obligations. 

He has considerable experience of acting in boundary dispute cases enabling warring neighbours to achieve satisfactory outcomes. He advises on complex restrictive covenants, and has successfully appeared in Land Tribunal applications to resist the modification and discharge of such covenants.

In construction cases, Michael has experience of conducting TCC and other building litigation covering a wide range of disputes from major construction developments to domestic dwellings and industrial workplaces. His experience of construction and property cases provides a solid basis for handling professional negligence claims against surveyors, valuers, architects, and solicitors, in local and international transactions.

Michael is experienced at advising businesses in a wide range of disputes. His qualifications as a mediator and adjudicator mean that he is ideally placed to advise on the strategy to be adopted in each case, bearing in mind the legal position, commercial reputation and relationships and the cost and timescale of litigation. Michael has a particular specialism in advising on franchise agreements.

Michael is well versed in advising on insurance contracts, and is familiar with the standard terms used by insurers. He advises insurance companies on the terms of cover and whether they should indemnify particular incidents. He is also able to advise those who may wish to challenge their insurers on the failure to indemnify. 

Michael has acted for public authorities and interested parties in judicial review of the acts and omissions of public bodies particularly in relation to his property specialism. He is also experienced at dealing with licensing decisions, and attempts to challenge those through judicial review. Recent cases have involved judicial reviews in homelessness, planning and other areas, and tribunal cases relating to HMOs.

Michael is a qualified mediator who acts in disputes relating to his specialist practice areas, as well as those relating to other areas of law. He has an aptitude for getting parties to work together to find a resolution to tricky cases. He has been on the TECBAR list of approved mediators since 2013.

Given his mediation training, he has a substantial advantage in preparing and presenting cases for mediation. He is trained in advanced mediation advocacy and appreciates the different skills required for mediation as opposed to court.

Michael has been a TECBAR Adjudicator since 1998, and is well placed to adjudicate construction disputes and to advise on the performance and enforcement of adjudications. He is a popular choice for ADR relating to property disputes and is currently acting for a company in an international arbitration relating to Covid-19 issues.

To instruct Michael, please contact Greg Piner.

Education

  • LL.B. (Hons) Bristol University
  • Accredited Mediator
  • TECBAR Adjudicator

Memberships

  • The Honourable Society of the Middle Temple (Master of the Bench)
  • Society of Construction Law
  • TECBAR
  • Professional Negligence Bar Association

Notable Cases

GT Ltd v P&K [2021]: claim against a guarantor under a commercial lease in respect of the lessee's rent, insurance rent, and repairing obligations. Successful on all points and awarded full costs. 

Sparling v Norman & Anor (Rev 1) [2014] EWCA Civ 1152: Represented the appellant in a complex boundary dispute

Travelers Insurance Co Ltd v Advani [2012] EWHC 623: Acted in a claim for an indemnity by insurers arising out of fraud committed during the course of employment

Francis v London Borough of Southwark [2011] EWCA Civ 1418: Claim for breach of the right to buy legislation

R (Copyright Canary City Ltd) v Thames Magistrates' Court [2010] EWHC 2185 (Admin): Successfully defeated an application for judicial review of a licensing decision

LP/31/2006: Acted in an application under section 84 of the Law of Property Act 1925

LON/AJ/HPO/2009/0008: Acted in an appeal against a prohibition notice under para 7(1) of Schedule 2 to the Housing Act 2004