Michael Way

Michael Way’s principle areas of practice are public & administrative law, commercial disputes and civil liberties/human rights.

Michael is listed as a ‘Rising Star’ in the 2021/22 Legal 500 in both Commercial Disputes and Administrative and Public Law.

“A brilliant advocate – insightful, thorough and refreshingly convincing on his feet, he is approachable and easy to work with.”  – Legal 500 2021/22 ‘Administrative and Public Law’

After spending several years as a performer in the music industry, Michael trained with one of Scotland’s leading commercial law firms and undertook a six month secondment to the Scottish Government Legal Directorate. Shortly after qualifying as a solicitor Michael began devilling, during which he won the Mike Jones Excellence in Advocacy prize and was the Faculty Scholar 2018/19.

Since calling, Michael has appeared regularly in courts and tribunals throughout Scotland. In particular, he has:

• appeared for Serco defending over 150 interdict actions, including appearances in the Sheriff Appeal Court and instruction during the related Inner House reclaiming motion process;
• been instructed by petitioners in a number of successful Court of Session judicial review actions in immigration and housing matters;
• instructed by child respondents in nobile officium petitions seeking recognition of English High Court deprivation of liberty orders;
• appeared frequently for the Advocate General as a standing ‘junior junior’ in the First-tier Tribunal (Immigration and Asylum Chamber);
• been instructed in a variety of property, contractual, professional negligence, debt recovery and insolvency disputes, including success after proof in a case involving a challenge to interest to enforce real burdens;
• developed a proficiency in consumer rights issues, including claims under the Consumer Rights Act 2015 and the Consumer Protection From Unfair Trading Regulations 2008;
• assisted in a major offshore dispute in Jersey;
• undertaken criminal appeal work, with successful appearances in the High Court and Sheriff Appeal Court.

Michael has a strong academic background with degrees from Oxford, King’s College London and Edinburgh. Since 2015, Michael has tutored at the University of Edinburgh (Jurisprudence; Critical Legal Thinking) and was previously a guest lecturer in Business Law at Queen Margaret University. He was the research assistant to Lady Poole and Sheriffs McCartney and Drummond on their recent book A Practical Guide to Public Law Litigation in Scotland (2019; W.Green)

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