Michael Rawlinson has developed a significant reputation and practice in the fields of professional discipline, inquests, regulatory and private crime.
Michael has almost twenty years diverse experience, and now specialises in the representation of healthcare professionals and police officers across a wide range of proceedings, frequently dealing with misconduct and disciplinary hearings, but also appearing at complex inquests and in associated criminal proceedings. He also has significant experience of judicial review, and is regularly instructed in the defence of health and safety matters. Michael has recently been appointed a Fee-Paid Employment Judge and Fee-Paid Judge of the First-Tier Tribunal (General Regulatory Chamber).
As well as significant experience at the Bar, Michael has recent experience as in-house counsel for a ‘Top Five’ Legal 500 law firm, where he specialised in inquest, healthcare and regulatory matters.
Michael is recommended in both the Legal 500 and Chambers UK for professional discipline, inquests and crime.
As a former Grade 4 prosecutor, and having formerly established a large criminal defence practice over many years, Michael has extensive experience of complex and high profile jury trials.
He retains a case load defending both individuals and companies in private/insurance funded work, with a focus upon the defence of professionals for serious offences, including offences of corporate fraud, historic sexual offences and especially complex and high-profile fatal road traffic offences.
R v Dr SC, Reading Crown Court
Defended alone a former GP in 7 week trial, funded by medical insurer and prosecuted by Kings Counsel. The case concerned multiple historic sexual complaints and eight separate complainants. Jury acquitted of one count and were hung on the remainder. A retrial is awaited.
R v MW, Teesside Crown Court
Insurance funded defence of a lorry driver accused of killing an elderly pedestrian who walked in front of his stationary HGV. Acquitted at trial after a four day hearing.
R v DL, Preston Crown Court
Defended an off-duty police officer who faced allegations of sexual assault upon an allegedly unconscious female in the back of a taxi. Case involved complex arguments of capacity and consent. Acquitted.
R v RH, Durham Crown Court
Successfully defended a farmer who used a telehandler to pick up a car and dump it in a road to defend his property. RH was cleared of dangerous driving and criminal damage.
R v SR, Southampton Crown Court
Insurance funded defence of a driver accused of killing two motorcyclists and charged with death by careless driving. Acquitted following a six day trial.
R v PC MR, Teesside Crown Court
Defended a police officer who faced allegations of speeding and contingent allegations concerning lying about having a police purpose. Acquitted.
Michael has acted in a wide range of criminal regulatory matters relating to breaches of health & safety legislation and prosecutions under the Health and Safety at Work Act 1974, as well as food safety, fire safety, animal welfare and trademark/copyright legislation.
Michael routinely appears in inquests arising from deaths in the workplace that have a health and safety dimension to them. He also has experience of CQC regulatory prosecutions, and prosecutions under the Health & Social Care Act 2008 brought against residential and care homes in the healthcare field.
From 2007 onwards Michael was a member of the Attorney General’s Approved List of Prosecution Counsel, and undertook a variety of regulatory prosecutions on behalf of a various Government agencies including the Department for Business, Innovation & Skills, the Food Standards Agency, the Environment Agency/DEFRA, the Inland Revenue, HMRC, RCPO and the DWP.
HSE v SE Care Home
Currently representing a care home prosecuted under the HSWA following a serious injury to a care assistant sustained due to a faulty lift mechanism.
Hull City Council v PK & DK & BL Ltd.
Successfully defended a national jewellery business and two Directors who faced trademarking and consumer protection offences for selling non-hallmarked jewellery.
Inquest touching the death of PS
Represented a Supervisor, who was separately represented form the company, at a highly contentious inquest following the death of an employee crushed in a carpet rolling machine.
HSE v P&V Steel Ltd
Defended a Sheffield based multinational steel company prosecuted by HSE following catastrophic injuries sustained by a steel worker after a mechanism carrying a two-ton steel tube collapsed.
DM v North Hertfordshire Disctrict Council
Successfully appealed a Noise Abatement Notice on behalf of a commercial premises based in North Hertfordshire.
Michael is recognised as a leading junior in this field in the Legal 500, and is widely recognised as an Inquest & Public Inquiry specialist.
Michael specialises in lengthy and complex Article 2 jury inquests, and has significant experience of healthcare and prison related inquests, as well as inquests dealing with health and safety issues, safeguarding issues, mental health care and treatment and deaths in police custody.
He has represented individuals at inquests, with an emphasis on healthcare professionals and police officers, as well as NHS Trusts, police forces, care homes, schools, local councils, and a wide variety of other corporate bodies and limited companies. He has particular experience of appearing for professionals in inquests where there are associated disciplinary or criminal proceedings.
Michael also has considerable experience of advising and representing interested parties at judicial review proceedings arising from inquests, and appeared in one of the leading Administrative Court cases on the proper scope of the Article 2 ECHR investigatory obligation in coronial inquests.
R (Speck) v HM Coroner of York [2016] EWHC 6 (Admin)
Appeared for NHS England in a High Court case heard before the President of the Queen’s Bench Division, Sir Brian Leveson. The court adopted arguments put forward by Michael on behalf of NHS England that in Article 2 inquests, whilst a coroner has a discretion to investigate matters that may have possibly contributed to the death, there is no duty on him to do so. In Speck, the Court considered this matter particularly in the context of the statutory requirement to provide a “place of safety” under the Mental Health Act.
Inquest touching the death of MW;
Inquest touching the death of MH.
Represented Leeds NHS Trust at two separate but linked contentious and high-profile Article 2 inquests, dealing with the deaths of two children following complex heart surgery at the Leeds General Infirmary. The cases received national attention after the LGI paediatric heart unit was closed after data suggested a higher than average death rate.
Inquest touching the death of JR
Acted for Leeds NHS Trust at a high profile two-week jury inquest. The inquest concerned the death of a Leeds student killed in a ‘one-punch’ manslaughter scenario by a professional boxer. Complex issues of gross negligence manslaughter, causation and unlawful killing.
Inquest touching the death of PM
Represented a Consultant Psychiatrist in a contentious inquest involving the suicide of 15 year-old anorexic psychiatric inpatient. Successfully argued no contributory acts or omissions by the Doctor.
Michael is recognised as a leading junior in Professional Discipline in Chambers UK, and is regarded as a specialist in healthcare disciplinary tribunals and police misconduct hearings. He utilises his extensive advocacy experience to consistently deliver outstanding results in this field.
Michael also specialises in the representation of professionals at inquests, particularly where there are potential issues concerning professional competence or alleged omissions or improper conduct that may have contributed to death. He routinely deals with complex issues of causation and concurrent allegations of impropriety or negligence.
Michael is regularly instructed by various medical defence insurance organisations, including both the MPS and the MDU to act on behalf of their members across a range of criminal and regulatory proceedings, as well as being instructed via the NHSLA, and on behalf of NHS England and NHS Direct.
Michael also has a highly regarded reputation in police misconduct work, and is instructed by various Police Federations across the country to represent police officers at misconduct hearings, inquests and in criminal proceedings.
General Medical Council v Doctor MI
Defended a GP in a two-week fitness to practice hearing involving allegations of sexual assault against a vulnerable female patient. Allegations found not proven and received a period of suspension in relation to other admitted matters.
Humberside Police v Sergeant GJ
Successfully defended a Custody Sergeant at a week-long misconduct hearing involving an alleged serious sexual assault upon a fellow police officer. All allegations dismissed.
General Medical Council v Mr SS
Currently instructed to defend a surgeon alleged to have unnecessarily carried out various surgical procedures for financial gain in a private hospital.
Merseyside Police v PC MF
Successfully argued abuse of process, leading to a stay of potential gross misconduct proceedings, following numerous breaches of the Police (Conduct) Regulations 2012 by the Appropriate Authority.
General Medical Council v Mr SK
Currently instructed to represent a surgeon alleged to have negligently administered local anaesthetic leading to the death of a patient.
Humberside Police v DC JM
Detective Constable faced five allegations of computer misuse and dismissal for gross misconduct. Persuaded the Panel to exceptionally impose a Final Written Warning despite admitted Gross Misconduct.
Michael Rawlinson acted for a former Custody Inspector at a Metropolitan Police Misconduct Hearing. The…
Michael Rawlinson represented the Nottingham Forest Football Club. Amina Graham appeared on behalf of The Football Association….
Michael Rawlinson represented the Head Coach of Nottingham Forest FC, Nuno Espírito Santo, as well…
