Michael Walsh

Call 1996

Michael Walsh | Call 1996

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Overview

Michael advises in Judicial Review proceedings arising from coronial decisions where Article 2 is engaged (including deaths in detention). Michael also acts in free-standing Human Rights Act claims arising from instances of alleged breaches of Articles 2, 3, 5 and 8 ECHR.

CASES AND WORK OF NOTE

  • 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.
  • A v Central and North West London NHS Foundation Trust [2023]: Represented a Trust facing clinical negligence, Equality Act, and Human Rights Act claims in the High Court, arising from a prison inmate’s death from a serious bowel condition.
  • P and others v East Kents Hospitals University NHS Foundation Trust [2022]: Represented the Trust in a claim for alleged breaches of ECHR arising from findings of non-accidental injury in a vulnerable child that necessitated family separation.
  • T v Hertfordshire Partnership University NHS Foundation Trust [2022]: Representing the Trust on HRA claims following a young woman’s death in a psychiatric unit due to self-harm.
  • S v Hertfordshire Partnership University NHS Foundation Trust [2021]: Represented the Trust in a claim for false imprisonment / deprivation of liberty under Art. 5 ECHR, after a patient was detained under section 2 MHA 1983 longer than lawfully permitted, due to bed shortages; and devised a litigation strategy for dealing with future similar claims.