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Michael Mylonas

CALLED TO THE BAR 1988

Junior Counsel


Medical Profile

Background

 

1980 - 84 Eton College
1984 - 1986 University of Buckingham, LLB (Hons), President of Law Society
1988 Called to the Bar (Gray’s Inn) Gray’s Inn Scholarship (funding travel to Argentina for IBA Conference)
1990 Bar Council Scholarship (for Stage in DG (IV) European Commission)

1990-1992 Tenant in Stanbrook & Hooper, barristers specialising in European law, Brussels

 

Email: mmylonas@3serjeantsinn.com



General Information

 


Directory Comments

 

Michael is recommended in clinical negligence by Chambers & Partners and the Legal 500.

 

Chambers & Partners 2009 recommends Michael for his:

“stunning hard work, technical knowledge and outstanding ability to out think opponents.” 

 

Legal 500 2008 endorse him, noting in particular that his "...industry knowledge is unrivalled..."



Nature of Practice

 

PROFILE

Michael has a public and common law practice focused on healthcare and health law. He is an expert at managing large amounts of complex information, identifying the key issues and devising a strategy to ensure that the client's best case is advanced. He is used to managing large teams of experts in the course of litigation. He is commended by clients as a team player and someone they would choose to have working for, rather than against them. He has been instructed on public and private inquiries and has represented sportsmen before disciplinary bodies. He has a pilot's licence and has advised on issues of aviation law.

 

He is a Committee Member on the LCLCBA and a representative of the Bar on the Civil Legal Aid Sub-Committee. He is the Bar's representative on the LSC's Mental Health Stakeholder Group. He chairs 3 Serjeants' Inn's Pupillage Committee, is an advocacy trainer at Gray's Inn and was a contributing editor to the Medical Law Reports from 1999 to 2009. He contributed both to the APIL publication "Clinical Negligence" (2008) and to the Second Edition of Medical Treatment Decisions and the law (due late 2009).  He is a regular speaker on healthcare and related issues.

 

Healthcare
Michael's practice includes all areas of healthcare and health law. He regularly appears before the GMC and the GDC. He represents doctors and PCTs in matters relating to Performers Lists. He advises and represents the Human Fertilisation and Embryology Authority. He is instructed by private individuals, Trusts, CAFCASS and the Official Solicitor in ethical cases. Michael has appeared in the Privy Council and  has been involved in medically related judicial review hearings in the Administrative Court.


Clinical negligence

Michael has a busy clinical negligence practice of which a susbstantial portion comprises claims for maximum severity, usually arising out of birth injury accidents. He represents both claimants and defendants. Michael is used to dealing with the complex issues arising in such cases whether in relation to the underlying medical issues or in relation to  the quantum claim and the compilation of comprehensive and detailed Schedules/Counter-Schedules of Special Damage.

 

Personal injury

Michael is instructed in high value personal injury cases usually arising out of neuro-trauma.

 

Health & safety

Michael represents both public and private bodies in claims and prosecutions arising out of alleged breaches of health and safety standards. Clients compliment him on his ability to identify and capitalise upon the weaknesses in any prosecution case while making the most out of the evidence available to the defence. He is familiar with the commercial pressures arising out of such prosecutions and works well with those at board level to develop a strategy that best serves the client's long and short term interests.

 

Ethical work

Michael has substantial experience in this field and is used to picking up complex cases at short notice and out of hours. He represents patients, Trusts, CAFCASS and the Official Solicitor. Michael's background in health law allows him to cut to the important issues in difficult cases where highly specific information is required by the Court at little or no notice so that urgent "best interests" decisions as to life or death can be taken.

 

Discipline (medical)

Michael appears regularly both before the committees of the GMC (performance, interim orders, health) and the GDC. He has advised on and represented doctors on appeal to the Privy Council and to the Administrative Court.

 

Discipline (legal)

Michael advises and represents members of the Bar before the BSB.

 

Discipline (sports law)

Michael advises and has represented sportsmen before disciplinary tribunals and courts, most recently the Captain of the English Polo Team following a post-match altercation with an opponent.

 

Mental health

Michael represents patients and Trusts/doctors in  cases involving mental health issues. Including urgent applications for injunctive relief where the safety of staff has been threatened by patient activity.

 

Inquiries & inquests

Michael has led legal teams in two substantial inquiries (Ladbroke Grove and Kerr Haslam) and at numerous inquests.

 

Dispute resolution

Michael has acted on behalf of both claimants (patients) and defendants (trusts) in official mediations. He has also acted in many less formal round table settlement meetings.



Specialist Information

 


Reported and other cases of Interest

 

The list below provides an example of the cases that commonly arise in the course of practice.

  • In Re G (2009): representing PCT in ethical claim arising out of housing elderly patient who lacked mental capacity.
  • HFEA (Taranissi) (2007 – date): representing the Human Fertilisation and Embryology Authority in regulatory and judicial review proceedings relating to premises licensed under the 1990 HFE Act.
  • Dr Bergauer v Nottingham City PCT (2009): representing PCT on application to FHSAA for national disqualification.
  • Appleton-Williams v The Whittington Hospitals NHST (2009): representing pre-term baby who suffered multi-factorial injuries following negligent treatment by the neo-natal team.
  • Kerr v University Hospitals NHST (2009): representing PCT and successfully opposing application for interim payment which would have taken level of IP’s to more than £1m.
  • JS v Oxford Radcliffe NHST (2008): representing Claimant catastrophically injured shortly after birth by negligent nursing care.  Periodical Payment Order.
  • Morton v Carillion (& Others) (2008): representing Carillion and negotiating settlement in multi-million pound PI claim following accident on a construction site which Carillion occupied as the principal contractor.
  • GMC – Dr K (2008): representing Doctor charged with physician assisted suicide.
  • Re GC (Adult) (2008): determining residential “best interests” for ageing patient who lacked capacity.
  • Goswell (2008): Murder/Suicide Inquest.  Pro bono representation of family following double death of a husband and wife where the family alleged that the Priory, local PCT and the Police had failed in their respective duties thereby enabling a man who had made repeated threats to kill his wife to carry those threats out.
  • GMC – Dr M (2007): representing Doctor charged with unlawfully killing two severely injured babies.
  • Warrilow (2007): Substantial claim for damages on behalf of management consultant injured during labour.
  • Re S (Adult)( 2006) (CA): Treatment decision.  Withdrawal of nutrition and hydration from Asian patient contrary to family’s wishes notwithstanding evidence adduced by family of alternative best interests argument.
  • Re S (Minor) (2005):  Withdrawal of ventilation from four year old child suffering transacted spinal cord.  Advice to Trust re capacity of mother to consent to withdrawal.  Subsequent discussion group with 40+ consultants, intensivists and staff at Trust advising on implications of the decision.
  • Re Wyatt (Minor) (2004): Provision of life saving treatment to a child.
  • Finnis v Caulfield (2004): Substantial claim for damages by Claimant mounting claim for loss of opportunity  to establish business.
  • Kerr/Haslam Inquiry (2004): Counsel heading legal team representing the patients at private inquiry into the sexual abuse of psychiatric patients over thirty year period by two consultant psychiatrists.
  • Ladbroke Grove Inquiry (2000): Counsel heading legal team for EWS railways during the public Inquiry
  • Crouch:  Landmark decision as to Part 36 offers.
  • R v Du Pont (1999): HSE prosecution following death of a Du Pont employee in a fire at a paint fabrication plant.

 



Clients

 


Publications

 
Co-author (with Fiona Neale and Tim Meakin) of chapter: Limitation in APIL's book "Clinical Negligence", published April 2008.

Lectures and Seminars

 
Michael lectures to solicitors on ethical and treatment decisions. He chaired AvMA meetings in 2006 and 2007 on cardiology and cardiothoracic surgery.

Related Professional Activities

 

Memberships:

 

LCLCBA (Committee Member)

ARDL

PNBA

PIBA



Other Information