Michael's advocacy skills are beyond his years. Across a large number of cases, he has demonstrated an ability to have the ear of the bench. In advising, Michael also exhibits an understanding of the commercial realities of the client and is able to advise in that context. He is one to watch at the junior Bar.Legal 500 2021/22 ‘Commercial Disputes’
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)
- Ampersand Advocates ranked as top tier set by Legal 500 in 2023 guide4 October, 2022
- Four new appointments to panel of Standing Junior Counsel to Scottish Government for Ampersand28 January, 2022
- Ampersand Advocates ranked as top tier set by Legal 50018 October, 2021
- Inner House confirms Serco’s actions were lawful in seeking to recover possession of property provided to failed asylum seekers and concluded that Serco was not acting as a hybrid public authority14 November, 2019
- New OAG Standing Junior Junior Appointments4 September, 2019