Michael Mylonas QC

Call 1988 | Silk 2012

Michael Mylonas QC | Call 1988 | Silk 2012

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Overview

Michael is applauded for the breadth of his practice and is regularly sought after to lead high-profile, high-value cases. He was the Lawyer’s “Barrister of the Year” in 2019 for his work on a number of high profile cases.  He also won the Lexis Nexis Legal Personality Award in 2019 for his work on “groundbreaking legal issues”. He was one of a handful of barristers included in the Hot 100 for his success in “securing legal firsts in exciting new areas of law”.

Michael is clerked primarily by Lee Johnson, Clare Sabido, Natasha Southgate and Alicia Lutumba.

“I should add by way of Post Script my thanks to Mr Mylonas. His presentation of this case has been assiduously fair and balanced throughout.His cross-examination of the father was skilful, sensitive and kind. The father paid a similar tribute at the conclusion of the case which I observed at the time and take this opportunity to reiterate, says a great deal about both of them”.
Hayden J, final paragraph of judgment in Alfie Evans proceedings (in which Michael represented the hospital).

 

Michael leads the Serjeants’ Inn Chambers Court of Protection team. He is ranked as a Band 1 Silk for Court of Protection work by both leading legal directories, he is also ranked as a leader in the field for Clinical Negligence and Professional Discipline and Regulatory law.

His work is described by the Lawyer as “a series of ground-breaking cases at the intersection of biology, ethics and law, often pushing regulatory boundaries and shaping the public debate”.

Michael has a broad practice involving healthcare, regulatory work (CQC and MPTS and sports discipline), health & safety work (including major inquests and criminal prosecutions). He has been instructed on behalf of private individuals and organisations, corporate and state entities in relation to multiple and individual deaths and has devised strategies for clients and provided representation at major Inquests and Inquiries.

He has a substantial private client practice and is often instructed in cases concerning the Court’s jurisdiction to safeguard the interests of those who lack capacity. He frequently advises both domestic and international clients on Court of Protection remedies and strategies and has appeared in many of the leading cases concerning medical treatment, assisted dying, euthanasia and fertility treatment. He is highly sought after by clients seeking advice in this area and the overlap with family and probate work.

He is regarded as a shrewd tactician and for his commitment to reaching the right result.

Cases and work of note

In March 2020 Michael is appearing before the Court of Appeal in the first case involving registration of a transgender man as a parent. Please click here to see news coverage.

Michael led the team representing Alder Hey Children’s Hospital during the Alfie Evans case.
This tragic and highly sensitive case concerned the decision to withdraw life support from an infant with a severe neuro-degenerative disorder. It comprised more than eight contested High Court hearings over a two-month period as well as four unsuccessful appeals by the parents to the Court of Appeal and two applications each to the Supreme Court and the European Court of Human Rights.

In August 2018, Michael secured a ground-breaking decision in Y v A Healthcare NHS Trust  when the Court of Protection allowed the emergency extraction of sperm for fertility treatment from a man who had suffered a catastrophic brain injury. There was no written consent for the extraction and this result was achieved through an innovative application of the Mental Capacity Act, which allowed a named individual to sign a consent form for fertility treatment on his behalf.

Michael acted for the Claimant in ARB v IVF Hammersmith  where a father is challenging the public policy bar to recovery of damages for wrongful birth of a healthy child. The case is being appealed to the European Court of Human Rights.

In the Hillsborough Inquests Michael acted for the NHS Trusts involved.  Despite early criticism of their actions, the Hospitals were exonerated.

In JMA Michael acted for one of the parties in a case before the Court of Protection providing for the variation of JMA’s will to award gifts totalling £7million.  This is believed to be the largest gift ever approved by the Court of Protection.

In An NHS Trust v Ms X, Michael appeared before Cobb J, who granted a declaration that it should be lawful not to forcibly treat an anorexic patient, despite the inevitability that death would follow.

Other work of note includes:

Recommendations

Michael is consistently ranked as a leading silk in the directories for Clinical Negligence, Court of Protection and Professional Discipline.

Most recently Chambers & Partners notes “He has an absolute knack of getting on top of the cases … He really gets the confidence of the people we are working with, and is very charming with clients and family members. Superb on his feet, his delivery and advocacy is absolutely fantastic.”  

Other editorial from the directories includes:

a first-class lawyer and an exceptional advocate; loved by clients;  a vastly experienced silk; he has razor-sharp intellect enabling him to think quickly in stressful circumstances; a powerful and formidable court advocate; he’s somebody who is utterly confident and inspires belief in solicitors and clients; he has exquisite judgement; he’s very eloquent in court and is the voice of reason and calm outside court; takes a direct, proactive approach; conducts cases in a very charming but persuasive way; regularly sought after to lead high-profile, high-value cases; and applauded for the breadth of his practice.

Publications

Michael co-authored the most recent edition of Medical Treatment: Decisions and the Law (2016) and contributed to APIL’s Clinical Negligence text. Between 2000 and 2009 he was a contributing editor to the Medical Law Reports.

He lectures extensively on a wide range of subjects including corporate manslaughter, Inquests, fatal accident claims, mental capacity, ethical and medical treatment decisions.

Prior to qualification he was a guest speaker at the International Bar Association’s conferences in both Buenos Aires and Strasbourg. He has been featured as the Times’ Lawyer of the Week  (click here to read the article).

Privacy

Michael adopts and adheres to the provisions of the privacy notice which can be accessed here.

further information

For further details of Michael’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 22824
Registered Name: Michael John Mylonas
VAT Registration No: 524206480

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