Michael Walsh

Call 1996

Michael Walsh | Call 1996

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Overview

Michael specialises in healthcare-related claims, including catastrophic and fatal clinical negligence and personal injury matters, from formulating pre-litigation strategy, choosing experts, to ADR, Inquests, trials, and appeals.  He is noted for his focus on delivering practical solutions, and has significant experience in complex causation and professional negligence issues, and cases of significant value that require detailed analysis and / or quantum schedules / counter-schedules. Michael is a co-author of ‘Medical Treatment: Decisions and the Law’ (4th Edition), and sat for seven years as an Assistant Coroner in several jurisdictions, including West London, North London, Buckinghamshire, and Oxfordshire, largely dealing with medically complex deaths in hospital and in detention.

‘A wonderful barrister who is an expert in his field and handles the most complex and sensitive cases with ease.’  The Legal 500

Michael is co-author of Medical Treatment: Decisions and the Law, 4th edition.

Experience & expertise

Michael has significant experience of injury claims of all complexions and is often engaged where clinical negligence and HRA claims co-exist. He is frequently instructed on  jury and Article 2 Inquests arising from deaths in nursing homes, secure psychiatric facilities and prison, and where CQC prosecutions are being considered. The Legal 500 note that he is ‘Silk material’, ranking him as a leading junior in the fields of Inquests & Inquiries and Clinical Negligence.

cases & work of note

Michael’s caseload includes complex, high-value and complex claims and Inquests, where Michael’s experience in understanding and cross-examining lay and expert clinical witnesses of all disciplines is of distinct value. He has a particular interest in brain injury, spinal injury and mental health issues. Michael’s cases are invariably multi-track High Court claims, and related judicial review and HRA proceedings in the High Court and/or Administrative Court.

Clinical Negligence

  • L v East Suffolk and North Essex NHS Foundation Trust [Current]:
    Representing a Claimant suffering from permanent cauda equina symptoms after delayed cord decompression surgery; experts will be required in several disciplines.
  • S v Royal United Hospitals Bath NHS Foundation Trust [Current]:
    Representing the Trust in a claim for delays in diagnosis of breast cancer resulting in mastectomy, lymph node removal and continued chemotherapy and radiotherapy.
  • O v East Suffolk and North Essex NHS Foundation Trust [Current]:
    Representing a Claimant suffering from mental health difficulties who sought a caesarean section but instead underwent a traumatic vaginal delivery including episiotomy, resulting in physical and psychological injury.
  • O v Homerton University Hospital NHS Foundation Trust [Current]:
    Representing an elderly stroke patient that fell whilst poorly observed in hospital wearing covidien sleeves, sustaining a fractured femur and significantly increased care needs.
  • S v Manchester University NHS Foundation Trust [Current]:
    Representing the Trust in a claim by a student with pre-existing Still’s disease (auto-inflammatory disorder) for traumatic brain injury / stroke suffered in the course of blood transfusions treating sickle-cell disease. Experts likely in at least 8 different disciplines.
  • S v X, Y and Z GPs and A and B GP Surgeries [Current]:
    Representing a GP and surgery over alleged delayed diagnosis of hereditary haemochromatosis, a genetic disease causing serious liver injury, requiring multiple joint replacement surgeries and lifelong care and support.
  • Re M [Current]:
    Representing a consultant neurologist and GP, where the claimant suffered an intra-cerebral haemorrhage after using anti-coagulant medication prescribed to mitigate the risk of stroke. Expert evidence was required in 8 different disciplines. Claim for over £4.5 million settled, but subject to approval.
  • W v C Trust [Current]:
    Representing parents in a wrongful birth claim arising from a neural tube birth defect.

Inquests and Inquiries

  • Sky Lewis [Current]:
    Represented a local health board at a 3-week Article 2 ECHR inquest into the death of a teenager that fatally self-harm at a residential children’s home. The matter has been suspended pending referral to the DPP for consideration of corporate manslaughter (relating to other IPs).
  • Simeon Francis [2025]:
    Represented a private provider of health services at a 2-week Article 2 ECHR jury inquest into the death of a man with an unconfirmed history of epilepsy and substance misuse, who died in a police custody suite after admitting swallowing drugs. The jury found no causative failings against Michael’s client.
  • Catherine Hirst [2024]:
    Represented a Welsh Local Health Board responsible for the care of a patient who took her own life within 24 hours of being discharged home from an acute mental health ward. Notwithstanding adverse opinions of three psychiatric medical experts including the current RCPsych president, after questioning, the Coroner making no causative findings and no PFD Report.
  • Re H  [2024]:
    Represented the family of a young man with mental health and substance misuse issues who, after going missing, was taken home by police and not a health-based place of safety. He sadly took his own life the following day. Argument over the engagement of Article 2 ECHR was decided in the family’s favour, with a finding of Neglect against a Local Authority that had prematurely ended its services for the deceased,  and a PFD report against police over inadequate training in mental health. Michael went on to settle a High Court civil / HRA claim against the Local Authority.
  • Amina Ismail [2024]:
    Represented an NHS Integrated Care Board responsible for a teenage patient in a psychiatric intensive care unit ,who took her own life using a ligature while awaiting funding for a more suitable mental health placement. Michael ‘s client was only made an IP mid-way through the inquest, requiring Michael to join the inquest mid-hearing, and undertake a rapid evidential review.  Following careful oral and written advocacy on the issue of causation in particular, the jury returned a conclusion of Misadventure with no causative findings against the ICB; no Neglect, and no PFD report concerning Michael’s client.
  • Ruth Perry [2023]:
    Represented the GP of a headteacher that sadly took her own life following a reportedly unfair Ofsted inspection. Following Michael’s advocacy, the GP was praised for his involvement with the deceased. Michael’s submissions also assisted the Court in finding that Ofsted had caused or contributed to the deceased taking her own life.
  • Krystian Kilkowski [2023]:
    Represented an Ambulance Trust where a 32-year-old man that developed drug-induced Acute Behavioural Disturbance died shortly after being restrained by five police officers for over an hour on the ground outdoors during a summer heatwave. The Trust was experiencing a surge in calls amidst reduced staffing due to the pandemic, thereby increasing response times and gaps in their service. No adverse findings or Prevention of Future Deaths Report was made in relation to the Trust.

Public and Administrative

  • A v King’s College Hospital NHS Foundation Trust and another [Current]:
    Representing Trusts in a claim for alleged breaches of ECHR  and the Equality Act due to purported delays in amputation rehabilitation for a double amputee, requiring consideration of the NHS Overseas Visitors Regulations.
  • F and others v Southern Health NHS Foundation Trust  [Current]:
    Representing the Trust on several claims in negligence and under the HRA arising from a death in a psychiatric unit due to self-harm.
  • O v Barnet, Enfield and Haringey Mental Health NHS Trust [Current]:
    Representing the Trust on HRA (Art. 5 and Art. 8 ECHR) claims for unlawful detention following a transfer of powers between nearest relatives under MHA 1983.
  • R (Henshaw) v HM Assistant Coroner for Derby and Derbyshire [2025] EWHC 357 (Admin):
    Represented a Coroner arising from an inquest for a prisoner that died of a sudden cardiac arrythmia in her cell. The family sought to quash the inquest on the grounds of inadequate jury directions and not calling a witness to explain relevant omissions in medical records provided to the prison. Mr Justice Jay held that, although there had been errors, a fresh inquest was disproportionate and unnecessary, as declaratory relief would suffice.
  • R v G4S and Secretary of State for Justice [2023]:
    Represented the healthcare provider responding to a novel claim that an inmate’s practice of satanism in the prison estate was unsupported, in breach of ECHR and the Equality Act. Following consideration of expert evidence on whether satanism represented a religion or philosophical belief, Mrs Justice Steyn refused permission to seek JR on all grounds, after submissions at the oral application.

Recommendations

Michael is ranked as a leading junior in The Legal 500 for Clinical Negligence and Inquests and Inquiries. Recent editorials include:

‘Michael is an incredibly experienced and skilled barrister.’

‘Michael is a fantastic strategist who hones in on the key issues of a case straight away. His advocacy is fantastic: persuasive and a pleasure to listen to.’

‘A wonderful barrister who is an expert in his field and handles the most complex and sensitive cases with ease.’

‘Silk material.’ 

‘Michael is experienced well beyond his years of call. He is highly competent and his knowledge on medico-legal matters is envied by his peers.’

 ‘He is an exceptionally well-prepared advocate who diligently, politely but vigorously, and very effectively advances matters on behalf of his client.  His mastery of the details of the case inform excellent questioning of a witness in a manner that is both consistent with the non-adversarial nature of coronial proceedings but at the same time forensically exposes weaknesses and deficits in the witness evidence.‘

‘A confident and very well-prepared advocate, who represents clients with calm authority and precision. He provides first class written submissions and his advocacy is focused, steady and persuasive.’

“Michael’s knowledge of HRA and mental health law in particular is really extensive and he excels in this area giving detailed advice and delivering meticulous pleadings.”

and

“Michael provides incisive, practical advice that is really helpful to both instructing solicitors and clients.”

And during settlement negotiations, as “able to predict exactly where we were going, kept the client at ease throughout what ought to have been tense negotiations, and achieved a great result all-round.”
Sarmad Gassoub, Senior Solicitor

Academic

Michael graduated from Goldsmiths’ College, London University, with a First-class degree; and secured scholarships from Middle Temple whilst studying for the Post-Graduate Diploma in Law (law conversion course) at City University, and Bar Vocational Course at the Inns of Court School of Law.

Seminars/lectures

Michael has organised, managed and presented seminars and conferences; has provided legal updates (for APIL, Oxford Neurosurgery Medical Law Conference, BMA, AvMA and others), and regularly contributes to seminars and training for instructing solicitors’ clinical negligence and inquest departments.

Publications

  • Medical Treatment: Decisions and the Law (MTDL), 4th edition, 2022
    Michael co-authored chapter two: Consent and Capacity – Adults in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.
  • Clinical Negligence Claims: A Practical Guide (2nd edition), Michael Walsh (contributing editor)

reflections

I became a lawyer because finally, I discovered a career in which a penchant for pedantry can be an asset!

I remained a lawyer because, as clichéd as it sounds, I enjoy making a real difference to clients’ lives, whether families or professionals in healthcare. Decades of guiding lay and professional clients through Inquests and injury claims of every severity and value, can easily engender insensitivity or cynicism. However, I just as often find it humbling, reminding me to appreciate all the things so easily taken for granted.  I’m often in the lives of my clients for just a few months or years, whilst they are navigating frequently life-changing events. The least they deserve is that I will do everything in my power to protect their interests and fight their corner with everything at my disposal.

A fundamental skill for any Counsel, is the ability to appreciate all perspectives in a case. It is all too easy to develop ‘tunnel-vision’ when engrossed in litigation; and so having the capability and experience to act on behalf of claimants, defendants, and all interested parties in your chosen area, allows you to more easily understand your opponents, their objectives, and their weaknesses; and by extension, how to achieve the best result for your own client.

If I wasn’t a lawyer, I think I’d teach scuba-diving in a far-flung beach destination, and grow old disgracefully, although I may need to run that past the wife first….

Life-lessons learned on the way: For me, the ‘job’ is and always has been about the people I’m lucky enough to work with. The quality of those individual interactions, with lay and professional clients, judges, experts, and work colleagues, is often reward in itself; as is the satisfaction of fighting ‘tooth and nail’ for your client. And just as importantly, “remember to be nice to everyone you meet on the way up…”

Appointments

  • Pupillage Supervisor, since 2017
  • Coroners’ Society of England and Wales (2018-2025)
  • Assistant Coroner for West London (2018-2023)
  • Assistant Coroner for North London (2020-2024)
  • Assistant Coroner for Buckinghamshire (2020-2025)
  • Assistant Coroner for Oxfordshire (2020-2025)
  • Advocate panel member/mentor since 2023

Professional memberships

  • Professional Negligence Bar Association
  • Personal Injury Bar Association
  • Association of Regulatory and Disciplinary Lawyers

privacy

Michael adopts and adheres to the provisions of his 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.

Bar Council Membership No: 35308
Registered Name: Michael Steven Walsh
VAT Registration No: 687814187