Michael
Trevelyan

Michael’s criminal law practice has grown so rapidly that he now only accepts instructions in legally aided cases in exceptional circumstances. In addition, Michael used to regularly act for the prosecuting authorities in a range of criminal matters but now only accepts instructions on behalf of Defendants.

In his private client work he is an expert in road traffic matters, particularly allegations of drink driving or speeding, and regularly attends Magistrates’ Courts in both England and Wales for trials, sentencing hearings, special reasons applications and to argue exceptional hardship issues arising from road traffic offences. In addition, Michael accepts instructions in a range of criminal cases with a particular emphasis on cases involving sexual or violent offences.

Michael is known for the practical and effective advice which he provides to his clients both at Court and in conference when required. In Court Michael is a powerful advocate and is able to pursue each possible argument with a passion and authority. He is also effective in cross-examination of prosecution witnesses and often uses inventive approaches to secure the most favourable evidence to assist with obtaining an acquittal.

Michael is well known in the First-tier and Upper Tribunal as a knowledgeable and persuasive advocate. His immigration and asylum practice encompasses the full range of matters before the Tribunal including EEA cases, human rights appeals, appeals against deportation and more. Michael previously accepted instructions on behalf of the Secretary of State but now exclusively represents Appellants although he is able to bring his detailed knowledge of Home Office policies and procedures to bear in appropriate cases. Michael is effective in bringing together the issues in an appeal and synthesising the most powerful arguments by utilising a range of sources including the Immigration Rules, country guidance and expert evidence. He is known for his ability to present and explain extremely complex legal issues to lay clients in clear and friendly terms, often where there is a language barrier.

In addition to appearing before the Tribunal, Michael regularly produces written work on difficult or obscure aspects of immigration and asylum law. For example Michael has advised on the ability of a Kenyan national to derive British citizenship from his grandfather, an Indian national born during the colonial era, which required an analysis of the British Nationality Act from 1948 onwards and an understanding of both domestic and Indian national law from the date of independence.

Criminal

R v B (a child) –  represented a 14 year old boy with Asperger’s Syndrome who was accused of sexually assaulting his 5 year old step-sister. The case involved difficult practical issues about how to ensure a fair trial for the Defendant whilst allowing the Complainant, who Michael was required to cross-examine without an intermediary, to give her best evidence. Through a combination of tactful questioning and effective advocacy Michael was able to secure an acquittal for his client.

R v Boyd – successfully represented a Defendant charged with failing to provide driver information following a section 172 request. The Defendant accepted that she had never completed or returned the paperwork but was nonetheless acquitted. Michael was successful in persuading the Magistrates that the leading authority of DPP V Broomfield was distinguishable and therefore the Defendant’s failure to return the paperwork did not prevent her acquittal. Michael also obtained a costs order in the Defendant’s favour.

R v Green –  successful in representing a Defendant charged with a variety of offences arising from the allegedly defective condition of his vehicle. Michael was able to persuade the Magistrates at the close of the prosecution case that the Defendant had no case to answer. The Defendant was acquitted without being required to give evidence and a costs order was made in his favour.

Civil

A child v. A Motor Insurer –  instructed on behalf of the child Claimant after she had succeeded at trial in securing damages arising from a road traffic collision. The Defendant insurer appealed the decision not to find the child to have been fundamentally dishonest and the case progressed all the way to the Court of Appeal. Michael was successful both in the first appeal to the Circuit Judge and in the subsequent appeal to the Court of Appeal. This case raised novel issues about the practice and procedure for determining whether a child Claimant who had not given evidence at trial had been dishonest and whether it was permissible to find dishonesty by proxy if the child’s litigation friend was found to have pursued a dishonest case on the child’s behalf.

A Company v H – instructed on behalf of the Claimant in this multi track Consumer Credit Act case. The Defendant was represented by specialist Solicitors and Counsel who pleaded a wide range of issues regarding alleged non-compliance with the Act including invalid execution of the agreement, invalidity of the default and termination notices, ineffective assignment of the debt, failure to comply with a section 78 request and that the Claimant was not entitled to recover the debt as it was not validly authorised under section 26A of the Financial Services and Markets Act 2000. The case is also notable for a preliminary decision by the Judge that posts made on an online consumer rights forum were not protected by privilege as alleged by the Defendant.

B v B & Or. –  advised the Defendant and assisted them to draft the defence in this High Court claim for malicious prosecution with a pleaded value of £120,000.00. Michael accepted instructions on a Direct Public Access basis and therefore worked collaboratively with his lay client to ensure that they received a high quality service within a fixed budget.

G v A Motor Insurer – acting for the Defendant in a multi track credit hire dispute where liability was admitted. Michael was successful in reducing the Claimant’s damages from a claimed sum of over £29,000 to less than £5,500.

A v Y –  instructed on behalf of the Defendant in this fast track trial arising from a road traffic accident. Michael was so effective in cross-examination of the Claimant that the claim was dismissed in its entirety at the close of the Claimant’s case and the Defendant was not required to give oral evidence. Michael was also successful in securing a considerable costs order in favour of the Defendant.

S v O – acting for a trainer of race horses in this unusual claim for damages made by the owner of a race horse. It was alleged that the horse had developed a condition known as azoturia due to the negligent care provided by the Defendant which led to it being unable to compete in various races including the Grand National. Michael succeeded in defeating the claim and securing a costs order in favour of the successful Defendant.

Immigration

TC v SSHD – represented a Zimbabwean asylum seeker who was an active member of the MDC. The Appellant’s case had previously been dismissed by the First-tier Tribunal but, following Michael’s instruction, the Appellant succeeded at a fresh hearing before the First-teir Tribunal.

AB v SSHD – represented a national of the DRC who was seeking to resist his deportation on human rights grounds. The Appellant was a self-styled Christian prophet and television personality who had been convicted of serious sexual assaults on members of his congregation. The case had gained national coverage in the press.

SS v SSHD –  represented an Afghan diplomat and close confidant of President Karzai who sought asylum on the basis that he had been the subject of a political purge in Afghanistan and would be killed on return.

GK v SSHD – successfully represented an Afghan Sikh who, the Respondent alleged, had a right of residence in India as a result of his wife’s claimed Indian nationality. Michael persuaded the Tribunal that there was no such right of residence in the case and the appeal was granted.

“The barrister you placed me with, Mr Michael Trevelyan, has provided advice and assistance that I would consider above what he has been paid to do. I appreciate his kindness and professionalism and just wanted to highlight the standard of his service to you.” 

“I thank you again and your team, words fail me at present and for the next a few days the light at the end of the tunnel has shone through I can see the mountains and it is thanks to you. Words fail me sir I thank you. A true blessing for me.“

Direct Access qualified

• Duke of Edinburgh Entrance Scholar 
• Exhibition Award Winner (Inner Temple) 
• Western Circuit Advocacy Prize 

Away from his work at the Bar, Michael has recently undertaken a series of guest lectures to undergraduate law students at the University of Derby covering the main aspects of immigration law with a particular focus on asylum and human rights. Michael has also appeared on the radio as an expert guest speaker on immigration law issues.

Michael also looks after his maltipoo puppy, Percy, who manages to keep him very busy but has not yet interrupted a remote hearing!