Michael Lemmy

Michael Lemmy

Year of call:

1994, Middle Temple

Contact:

Michael Lemmy

Appointments:

Head of 9SJS Personal Injury Team

Associations:

Member of Personal Injury Bar Association

Education:

Cleeve Comprehensive School
LLB (Hons), Queen Mary College, University of London
Bar Vocational Course, Inns of Court School of Law, London

Michael is Head of the Personal Injury Team at 9 St John Street and specialises in high value and catastrophic personal injury litigation.  He advises and appears on behalf of Claimants and Defendants.  Dealing exclusively with multi-track claims he has represented both Claimants and Defendants on claims with a value in excess of £4m. 

Michael has experience of the full spectrum of catastrophic injury claims, including spinal injury, brain injury, amputation and chronic pain. He is thoroughly conversant with the arguments over Cauda Equina and has experience, as a junior, of total cord injury and the suitability of complex care regimes.  He has a wealth of experience dealing with traumatic brain injuries including severe brain injuries involving significant care regimes, moderate brain injuries where capacity is often in issue and subtle brain injuries where the presence of organic cognitive deficits can be difficult to determine. He is able to advise his clients on the latest developments in prosthetics and the experts required to deal with those claims. Michael is familiar with the complex causation arguments that are often central to cases involving chronic pain. He has a wealth of experience of joint settlement meetings and mediations and enjoys working as a part of team.

Michael has a developed a complementary niche advising and acting for insurers in relation to technical insurance points including ex turpi causa and contempt of court.

Michael is an accredited Advocacy Trainer and was invited by the Inns of Court College of Advocacy to travel to South Africa in 2016 and 2017 and to Sierra Leone in 2018 to deliver advocacy training to the local bar in order to support the rule of law.

When not working or travelling Michael is a keen runner and triathlete.  He has completed 3 Ironmans, an Ultra-marathon and several marathons including the London Marathon and the Paris Marathon. 

In April 2019 Michael is running the London Marathon to raise funds for the Middle Temple Trust Funds to ensure that those of real ability are not precluded from coming to the Bar by a lack of resources.

www.justgiving.com/fundraising/michael-lemmy1

SPECIFIC CASES:

C v D (Ongoing) - Michael is instructed on behalf of the Claimant who, as a child, sustained a serious traumatic brain injury when she was struck down by a vehicle whilst trying to cross the road.  Liability is in dispute and the Defendant is represented by Leading Counsel.

D v S (Ongoing) - Instructed on behalf of the Claimant who suffered a serious injury to his ankle and has recently undergone elective trans-tibial amputation.

G v J & MIB (Ongoing) - Instructed in behalf of the Defendant in a trans-femoral amputation claim. The Claimant values the claim at £3m - £4m.

C v W (Ongoing) - Instructed on behalf of the Claimant who suffered a serious traumatic brain injury when, as a child, he was knocked down by a car.  The Schedule of Loss is in excess of £6m.  Michael is being led by Chris Melton QC.

M v V (Ongoing) - Instructed on behalf of the Claimant in proceedings in the High Court.  There are complex liability issues leading to the deployment of forensic scientists.  The claim is valued in excess of £2m and Michael is being led by Chris Melton QC.

ML v CD (2018) - The Claimant sustained a severe traumatic brain injury and the claim settled for in excess of £2.8m. Michael was instructed by the Defendant and was led by Chris Kennedy QC.

Aviva Insurance Ltd v Ahmed (Lawtel 23/11/2017 Document No. AC5000854) - Instructed on behalf of Aviva who brought proceedings in the High Court against Mr Ahmed for contempt of court.  Mr Justice Spencer accepted Michael’s submissions that Mr Ahmed had signed documents with a statement of truth which were false and sentenced Mr Ahmed to 9 months immediate custody.

Santos v Blanche & Others (2017) – The Claimant is the widow of a Brazilian national, working for the Brazilian Embassy, who died in a road traffic collision with the Defendant.  Michael represented the Defendant who denied liability for the accident.  There were complex issues as to whether the deceased was driving his vehicle or whether a Brazilian Naval Officer was driving and the quantum of the claim was in dispute. Michael successfully represented the Defendant at an appeal against the judge’s refusal to set aside a judgment in default. The case settled followed a Joint Settlement Meeting. The Claimant was represented by Leading Counsel at both the appeal and the JSM.

Hirst v ANR Locums (2017) - Instructed on behalf of the Claimant who was savaged by an American Pitt Bull type dog and suffered an amputation to his dominant arm.  The claim settled at a JSM against leading counsel.

Ashton v Anastar & Others (2016) - Instructed to represent a private hospital that was one of four defendants to a claim for clinical negligence.  The claim was in excess of £3M and the Claimant was represented by Junior and Leading counsel.  Two Co-Defendants were also represented by leading counsel.  Michael represented his client at all interlocutory stages including a mediation and advised on strategy.  The claim against his client was discontinued shortly before trial when the claim was settled by the NHS & MDU.

Clowes & Nuzzolese v Embrace Group (2016) - Instructed to represent the Defendant at a trial for damages for psychiatric injury in the case of two secondary victims.  After lengthy legal argument the judge accepted the Defendant’s submissions that the Claimant’s did not satisfy the necessary test to succeed in their claims as secondary victims and the claims were dismissed.

Goodkin v Loretto College (2015) - Michael represented the Defendant’s interest on an effective 10 day trial on liability and quantum in relation to a claim for personal injury arising out of alleged bullying and stress and work. The Claimant’s claim was dismissed.

Whitehouse v CSM (2015) - Acted for the Claimant at a 3 day trial of causation and quantum against leading counsel.  The case involved a Claimant who sustained an injury to his wrist resulting in his wrist being immobilised in plaster.  Whilst his wrist was in plaster he was engaged in a violent assault using the plaster to strike a man a number of times to the head.

Jones v Colley (2014) - Instructed on behalf of the Claimant who developed complex regional pain syndrome following a minor injury to his leg.  The claim settled at a JSM for £1.35m.

C (a minor) v Middlesbrough Council (2014) - Michael was instructed in relation to claim for alleged brain and sensory-neural injuries sustained 10 years ago when the Claimant, a child aged 1, was tipped out of a high chair and fell onto his head.  There was complex and competing medical evidence. The claim settled at JSM.

H v Hussain (2014) - Michael represented the Claimant on a claim for traumatic brain injury arising out of a road traffic accident.  The Claimant had a profound pre-accident hearing loss and behavioural problems which caused significant difficulties in the administering of neuro-psychological testing and hence the assessment of his brain damage.  The case settled at a JSM against leading counsel.

Armstrong v Haslam Homes (LTL 14/2/2012) - Instructed by the Defendant on a 3 day liability only trial in the High Court against leading counsel. The claim by an infant in respect of a catastrophic brain injury was dismissed. The duty of care owed by the local authority with respect to the dangers on adjoining land was considered.

Pykett v Clement, NIG & Aviva [2011] EWHC 2925 - Instructed on behalf of Aviva in a 2 day liability only trial in the High Court. Claims by a claimant who was rendered paraplegic (agreed value circa £3m) and a claimant who had suffered a traumatic brain injury were dismissed and guidance was given by the High Court as to the duty of care owed by one driver to another overtaking driver

Personal Injury and Clinical Negligence – ranked Tier 1
“Assured, eloquent and compelling.”

Legal 500 2019


Personal Injury – Northern (Bar): Leading Barrister (Band 2)
"He understands how to communicate difficulties and risks to clients without alienating them from the legal process, and is confident, eloquent and persuasive in his advocacy. In the same way as he is with clients, he has a relaxed confidence on his feet in court and is unruffled by difficult questions from judges or opponents."
"He is thorough in his work and very experienced. A senior junior who is a very safe pair of hands."

Chambers and Partners UK Bar 2019


"Outstanding. A good advocate."

Chambers and Partners 2018


"Assured, Eloquent and compelling."

Legal 500, 2018


'Experienced in high-value multi-track personal injury claims.'

Legal 500, 2017


"Regularly represents claimants and defendants alike in multi-track cases of significant value. He has extensive experience in employment liability and RTA claims, and is particularly knowledgeable on brain and spinal injuries. 'A very experienced, good quality senior junior counsel. He's very switched on, commercial and practical.' 'He's very thorough, very good with witnesses and excellent at cross-examination.' 'He shows good attention to detail and works extremely hard.'"

Chambers and Partners 2017


"A skilled, thorough and analytical advocate."

Legal 500 2016


"He represents both claimants and defendants in significant claims arising from brain, spinal and multiple orthopaedic injuries. Sources value his tenacity and ability to get to the heart of cases. 'He is excellent at trial.' 'He has a real command of the issues.'"

Chambers and Partners 2016


"He is very good on his feet, good on paperwork and good with clients."

Chambers & Partners 2015


"A very solid up-and-coming junior."

Legal 500 2014


"He's thorough - you have to be on those cases. He has a good understanding of the medical issues." "He has a top-notch high-value personal injury practice and he's extremely busy."

Chambers & Partners 2014


“is ‘calm, organised, and measured’.”

Legal 500 - 2013


"is recommended for occupational disease work"

Legal 500 2012


“Recommended for occupational disease and accidents.”

Legal 500, 2011


“Is recommended for workplace PI matters”

Legal 500, 2008


“Michael Lemmy is a wellsupported mid-range junior with considerable experience of PI work.”

Legal 500, 2006


“Mike Lemmy is an excellent advocate and a popular junior with a good practice.”

Legal 500, 2005


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