Michael Coley is a barrister specialising in consumer and regulatory law. He has a broad practice in all areas of commercial regulation, including planning, licensing, consumer law, data protection, and intellectual property. He acts on behalf of businesses, local authorities, regulators, and consumers in both civil and criminal proceedings. He is also able to advise and act in judicial review proceedings arising from regulatory decisions. In addition to his general regulatory practice, Michael has particular expertise in aviation law. An experienced pilot himself, he is able to combine his technical and legal knowledge to offer targeted and commercially-focused advice to pilots, aircraft operators, passengers, and maintenance organisations. He is well-versed in both the commercial and operational aspects of of the regulation of air transport, as well as matters relating to the acquisition, disposal, and registration of aircraft. Before coming to the Bar, Michael worked at the Court of Appeal, where he served as Judicial Assistant to the then-lord Chief Justice, Lord Judge. Cases he worked on in that role include Chambers v DPP [2013] 1 WLR 1833; R (Infinis Plc.) v Gas & Electricity Markets Authority [2013] EWCA Civ 70; and Graham v Thomas Cook Group Ltd. [2012] EWCA Civ 1355. During his time at the Court of Appeal, Michael was seconded to the Leveson Inquiry, where his work dealt with competition and merger regulation in the media sector. 1
Aviation Law Michael has a particular specialism in aviation law, and accepts instructions in a range of proceedings which may be brought against individuals and corporate bodies in this sector. Michael has been gliding and flying since the age of 14, and is therefore able to bring technical and operational, as well as legal, expertise to bear on cases. He has an in-depth knowledge of all relevant domestic, EU, and international legal provisions relating to air transport. Michael is able to provide initial advice on compliance with regulatory provisions in cases where aircraft operators are considering implementing changes to their operational or commercial policy. In cases where criminal or regulatory breaches are alleged, he is able to advise from the earliest stages of an investigation and can provide representation in civil, regulatory, criminal, and disciplinary proceedings and inquests. As a consumer law specialist, Michael is well-placed to advise in relation to the consumer protection provisions relevant to air transport, including EU Reg. 261/2004, the Warsaw and Montreal Conventions, and the Operation of Air Services in the Community (Pricing etc.) Regulations 2013. He is also able to act in cases concerning the sale, lease, and registration of aircraft. Cases Re. C. Ground claim arising from a fatal air accident in which an aircraft impacted a residential area following an engine failure during take-off. Seminars and Articles Competition in the Aviation Sector Etihad and Alitalia 36 Bedford Row consumer newsletter (Spring 2015) An analysis of the merger between Etihad and Alitalia and the undertakings required for the grant of a Phase I clearance under EU Reg. 139/2004. Regulation of Unmanned Aerial Vehicles 36 Bedford Row crime newsletter (Spring 2015) An overview of the regulatory challenges thrown up by increased use of private and commercial UAVs. The New Package Travel Directive: An Overview 36 Consumer news (September 2016) An overview of the changes to the regulatory regime for package travel sales introduced by EU Directive 2015/2302. 2
Consumer Law Michael s consumer law practice spans the full range of civil and criminal actions in the area. He has a well-established trading standards practice, and regularly appears on behalf of trading standards authorities in criminal prosecutions and civil actions under Part 8 of the Enterprise Act 2002. In addition to the regulatory aspects of consumer law, Michael s expertise encompasses consumer credit, consumer contracts, issues relating to the sale and supply of goods and services, and competition law. Michael also has a substantial advisory practice in this area, and regularly advises local authorities and businesses on regulation and compliance. A. Ltd. v G. and ors. (High Court, QBD) Large-scale proceedings concerning evidence of spot-hire rates provided in credit hire litigation (on-going). Kent County Council v H. Ltd. (Maidstone County Court) Proceedings under Part 8 of the EA 2002 against a company engaged in large-scale fraudulent trading, including high-pressure sales to vulnerable clients. MHRA v L. and ors. (Op. Daniel) (Central Criminal Court) Acted for one of twelve defendants in an 11 million cross-jurisdictional conspiracy to trade in unlicensed and counterfeit medical products. Peterborough City Council v G. and anor. (Peterborough Crown Court) Prosecution of the largest case of illegal puppy sales seen in the UK, involving 14 offences under animal welfare, licensing, consumer protection, and money laundering legislation. M. v J. Ltd. (Wimbledon Magistrates Court) Successful defence of construction company in private prosecution for breach of Building Regulations 2010. Case dismissed following legal argument. Seminars and Articles: The Consumer Rights Act Investigatory Powers Seminar at 36 Bedford Row (7 October 2015) A look at the new regime under Schedule 5 of the CRA 2015. Presented with Bryan Lewin MBE Balancing the Needs of Consumers and Lenders TS Today (September 2015) Commentary on the revised regulatory regime under the FSMA 2000 as it relates to the highrisk lending sector. 3
IP and Brand Protection Michael is able to advise and act in a broad range of IP matters, including those brought by way of civil claims, enforcement under Part 8 of the Enterprise Act 2002, and criminal prosecutions (both public and private). With a detailed knowledge of procedure in the Crown and Magistrates Courts, as well as IPEC and the High Court, Michael is well-placed to advise at an early stage in cases where choice of forum is an issue. With a background in competition law, Michael has a particular interest in the relationship between IP and competition law, including cases involving the exclusion of IP protection on competitive grounds. London Borough of Camden v M. Large-scale infringement of numerous trade marks (on-going). Cornwall Council v R.(A.); Cornwall Council v R.(G.) (Truro Crown Court) Successful prosecutions in two related cases concerning the sale of counterfeit items. Seminars and Articles: Complementary Enforcement in Intellectual Property Passing Off, Civil Claims, and Private Prosecutions Seminar for LoTSA (9 March 2016) A review of the brand-protection options open to IP rights holders and how their relationships with the powers and duties of Trading Standards authorities. Going Spare: Competition vs. Design Protection in the Automotive After-Market 36 Consumer news (July 2016) An analysis of the scope of the limitation on design protection provided for by Art. 110 of Reg. (EC) 6/2002 and the interaction between IP and competition law in that context 4
Licensing Michael has advised and acted on behalf of licence-holders and local authorities in licensing hearings at committee level and on appeal to the Magistrates and High Courts. He deals with cases in all areas of licensing, including the core areas of taxis, alcohol, gambling, and sex entertainment venues. Derby City Council v C. Ltd. Successfully resisted an application for revocation of the Respondent company s Hackney carriage licence following allegations of repeated breaches of licensing regulations. Q. Ltd. v Leicester City Council Appeared on behalf of the Respondent in a 3-day appeal hearing concerning revocation of a premises licence following serious disorder and noise nuisance. Appeal dismissed with costs. Southampton City Council v S. Ltd. Acted on behalf of the Defendant company in a case alleging breaches of licensing requirements for residential properties. 5
General Regulatory Law Michael accepts instructions in all areas of commercial regulation. In civil proceedings, Michael is available to appear before regulatory tribunals at first instance, as well as on appeal. He also prosecutes and defends in regulatory offences before the Magistrates and Crown Courts. He is also able to act in cases concerning judicial review of decisions by regulatory bodies. Michael has also developed particular experience in cases involving the regulation of residential and commercial property, and is well-versed in the relevant provisions of the Housing Act 2004, the Town and Country Planning Acts, and the Licensing Act 2003 as they apply to that sector. Michael also has a specialism in information law, including data protection, freedom of information, and direct marketing. He provides advice and representation in investigations and proceedings by the ICO, and accepts instructions in all relevant courts and tribunals. He is one of the authors of the chapter on information law in the fifth edition of Consumer and Trading Standards Law and Practice ( The Pink Book ). Re. C. (High Court, FD) On-going review of PII and disclosure between criminal and family proceedings. Southend Borough Council v H. (Southend County Court) Proceedings for breach of an injunction under s. 153A of the Housing Act 1996. Re. T Ltd. Advice on the legality of a data-sharing agreement under the DPA 1998 and the content of the relevant data protection policy and notices. Cambridgeshire County Council v A. and anor. (Central Criminal Court) Prosecution for breach of an enforcement notice under s. 179 of the Town and Country Planning Act 1990 concerning use of agricultural land for industrial waste disposal. Ashfield District Council v H. (Nottingham Crown Court) Appeal against conviction for failure to comply with an improvement notice under s. 30 of the Housing Act 2004. Seminars and Articles: Open Source Data Use and Abuse of Material Available Online Seminar for ACTSO (19 November 2015) Exploring the effects of RIPA 2000 and the PFA 2012 on online intelligence-gathering. Presented with Kevin Barry. 6
Publications Consumer and Trading Standards Law and Practice, 5th edn. (Lexis Nexis 2016) Michael is a co-author of the chapter on information law. Education, Qualifications & Associations Education LLB (Hons.) (London): First Class BPTC (City): Outstanding Memberships and Associations Inner Temple South-Eastern Circuit Competition Law Association Association of Regulatory and Disciplinary Lawyers Young Fraud Lawyers Association Royal Aeronautical Society 7