2 Hare Court | London Barristers Chambers - One of the UK's leading sets

Michael Hayton KC’s practice in silk is primarily defending clients as part of our Criminal Defence, Criminal Regulatory and Professional Discipline teams. He also prosecutes in both criminal and regulatory cases. He regularly defends both corporate and individual clients in cases involving fatalities and cases of the utmost complexity. Michael is regularly involved in cases pre-charge in order to assist in providing appropriate direction for his clients case preparation.

After many years acting on behalf of the GMC, Michael now defends and is approved counsel for the major medical insurers. He has acted in cases involving serious misconduct and cases of deficient performance involving complicated medical expert issues.

Michael is leader of the Northern Circuit and has been recommended for many years by both Legal 500 and Chambers UK.

Michael accepts Direct Access instructions.

Expertise

Criminal Defence

Michael’s practice covers all areas of general crime including homicide, sexual offences, drug trafficking and fraud. His substantial experience in the Crown Courts and the Central Criminal Court has led him to be often instructed on a private basis by individuals charged with the gravest of offences.

Cases

R v Danny Simpson

Crown Court appeal against a curfew order placed upon a Premier League Footballer.

R v McCafferty & Others

5 week conspiracy to murder involving hiring of hitman to kill a love rival.

R v Benjamin Wilson

10 week trial involving the transporting of firearms to and from Northern Ireland to sectarian groups.

Health & Safety

Michael has appeared in many Health and Safety prosecutions for both corporate and individual clients, normally in cases involving fatalities or multiple serious injuries and often within the construction and food industries. He was trial counsel in the leading case of HSE v Chargot and others, and has conducted many Crown Court trials in HSE prosecutions.

Many of his clients have come from the construction, chemical and food industries. Michael regularly is brought into cases soon after an investigation has commenced.

His background in criminal work has provided him with the appropriate experience to present his case before a jury.

He regularly provides seminars in this area of work to lay and professional clients and other members of the Bar.

Cases

HSE v Cristal Pigments

Michael defended a multinational chemical manufacturer in a prosecution arising from an explosion at a Top Tier COMAH chemical plant on Humberside where there was a spill of titanium dioxide. One employee was killed and another suffered life changing injuries following chemical burns. A cloud of noxious gas alongside liquid spillage into drainage system within the site led to the River Humber being closed.

Environment Agency (Northern Ireland) v Asda PLC

Michael is instructed in the ongoing prosecution in Northern Ireland of Asda PLC concerning an oil spill from storage tanks at one of their sites into the local river system.

Regina v Mark Bray

Lead Counsel for the first defendant in a corporate and gross negligence manslaughter arising from a fatality following a fall from height at a construction site. Multiple corporate defendants and individuals prosecuted. Case ongoing.

HSE v National Grid: Re Dugdale Bridge

Michael acted as lead counsel defending National Grid following a fatality of a young boy who fell from piping owned by the Defendant company. Contested hearing as to level of culpability heard in the Crown Court.

HSE v Paul Carney

Defence counsel at Crown Court trial of Director of manufacturing company where an employee was “scalped” when her hair was caught in a roller. Life changing injuries sustained.

HSE v Gaskells (North West) Limited

Michael acted for a company on two separate indictments at Liverpool Crown Court involving one fatality and a further incident where there was a risk of death.

HSE v PC Richardson

Defence counsel in a fall from height fatality at Sellafield nuclear site. Employee fell from a 300 feet high chimney stack still irradiated from the 1957 “Windscale Fire”, Britain’s biggest nuclear incident.

Regina v Frederick Jones

Defence counsel in double manslaughter case involving Legionnaires disease contracted from the Copthorne Hotel Cardiff. Client acquitted at trial.

HSE v Unichem PLC (Boots Chemists)

Defence counsel for company following death of an employee caused by a fall from height.

TMBC v John Lewis

Prosecution counsel of national chain of superstores following a fall from height of employee during maintenance works.

HSE v Essar Oil Limited

Michael represented Essar Oil Limited after the company was fined £1,650,000 for an offence contrary to the COMAH Regulations 1999. The prosecution arose from an explosion that took place at the Stanlow Oil Refinery at Ellesmere Port in November 2013. No injuries were sustained by any person but it was accepted that the risk of harm was high, and that a fatality could have resulted.

R v Chargot & Others

Trial counsel for one of the two corporate clients in this leading case involving a fatality at a construction site. Advised in relation to the subsequent appeal that ended up in the House of Lords.

Inquests

Michael’s coronial work includes acting for clients in Article 2 inquests including a number of cases where prison inmates and police detainees have died whilst in custody. He regularly acts for corporate clients in relation to deaths on construction sites and chemical plants, including inquests whose complexity has required hearings of several weeks.

Michael also acts for doctors and Primary Care Trusts where patients have died either in hospital or following medical out patient treatment.

Cases

Dr O

Inquiry into Hypernatremia Related Deaths in Northern Ireland. Long running public inquiry that spanned several young children who following treatment at a variety of hospitals were sent to the Royal Belfast Hospital for Sick Children. The cases were subject to a television documentary that led to the Public Inquiry.

Cristal Pigmants

Complex inquest arising from a large scale explosion at a chemical plant which led to the death of an employee.

Inquest touching upon the death of PC William Barker

Police officer died during flooding when a bridge collapsed whilst he was seeking to ensure it remained inaccessible to the public.

Professional Discipline

Michael for some time acted as a presenting officer for the General Medical Counsel before moving over to defend doctors. He acts primarily in FTP hearings but also before the IOP.

Michael’s practice in this area covers cases involving performance issues as well as conduct cases.

Michael also acts on behalf of police officers in disciplinary hearings and any related criminal prosecutions.

Cases

GMC V Wendy Chapman

This case arose from the deliberate cutting of a rugby player by his club doctor during a European Cup semi final. It became known as the “Bloodgate” case due to the player involved biting on a theatrical blood capsule to allow him to be substituted towards the end of the match.

Accreditations

  • Approved Counsel to the Falkland Islands
  • Leader of the Northern Circuit (2017-Present)
  • Member of the Northern Ireland Bar (2013)
  • Recorder (2012)
  • Criminal Bar Association
  • Health & Safety Lawyers Association
  • Association of Regulatory & Disciplinary Lawyers

Related resources and news

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A view on the Sentencing Council’s Draft Guidelines for the Offence of Manslaughter in the Health & Safety Context

On 4 July 2017 the Sentencing Council launched a consultation into Draft Guidelines for the…

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