PRACTICE AREAS
Commercial & Chancery Litigation
Overview
Mikhail represents corporate and individual clients in breach of contract, professional negligence, and shareholder disputes before the High Court and County Courts. His practice encompasses obtaining urgent injunctive relief, achieving interim and final remedies, and devising proactive dispute resolution strategies including mediation and arbitration.
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Key Areas
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Breach of contract disputes
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Professional negligence claims
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Shareholder and partnership disputes
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Urgent injunctive relief
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Commercial fraud and asset recovery
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International judgment enforcement
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Set-aside applications and procedural challenges
Representative Instructions
Interim Injunctive Relief — County Court Acted for restaurant and catering services company seeking urgent interim relief to regain access to mixed-use commercial premises from which it had been unlawfully excluded. Successfully obtained on-notice injunctive relief to preserve the status quo and protect ongoing business operations.
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Commercial Debt Recovery — High Court, Business and Property Courts Represented claimant in High Court proceedings against former director defendants in respect of disputed trading debts, successfully navigating complex procedural issues concerning joinder and strike-out applications.
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Set-Aside Application — County Court Acted for defendant in application to set aside default judgment in commercial debt claim exceeding £30,000. Advanced submissions under CPR 13.3 and Denton v TH White principles, securing directions for trial where claim had been dormant for over three years.
Construction and Trade Disputes — Fast Track Represented tradesman in contested claim concerning breach of multiple commercial agreements. Successfully established contractual basis for services rendered and quantum of sums due at trial.
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Electronic Money Institution — High Court Secured substantial damages for luxury watch retailer against well-known electronic money institution, resulting in release of significant frozen funds.
Restructuring & Insolvency
Overview
Mikhail appears regularly before the Insolvency and Companies Court Judges in the High Court, representing both petitioners and debtors in corporate and personal insolvency matters. His work encompasses cross-border recognition proceedings, statutory demand disputes, challenging liquidators, advising on voluntary arrangements, and negotiating settlements that preserve business continuity.
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Key Areas
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Corporate winding-up petitions
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Personal bankruptcy proceedings
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Statutory demand disputes
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Cross-border insolvency recognition
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Challenging and advising liquidators
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Voluntary arrangements (CVAs and IVAs)
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Directors' duties and wrongful trading
Representative Instructions
Winding-Up Petition — High Court, Insolvency and Companies List Before Chief ICCJ Briggs Represented debtor company at first hearing of winding-up petition. Successfully secured dismissal on procedural grounds, identifying material discrepancies in service documentation and non-compliance with advertisement requirements under Insolvency Rules 2016, r.7.10(4).
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Bankruptcy Petition — High Court, Insolvency and Companies List Before ICCJ Greenwood Acted for petitioning creditor in contested bankruptcy proceedings proceeding to final hearing on disputed grounds concerning validity of underlying debt.
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Restraint of Winding-Up Petition — High Court Advised international data centre facing statutory demand and threatened winding-up proceedings. Prepared application to restrain presentation of petition, advancing arguments on disputed debt, COVID-19 force majeure implications, and solvency. Successfully negotiated withdrawal of statutory demand with costs.
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Statutory Demand Costs — High Court Leytonstone Services Limited v Party Invitation Limited (CR-2023-000038) Acted for company which had applied to restrain presentation of winding-up petition. Following withdrawal of statutory demand, successfully argued for costs based on principles in Re Cannon Screen Entertainment Ltd.
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Individual Voluntary Arrangement Advisory Advised debtor subject to IVA on prospects of challenge under s.262 Insolvency Act 1986, considering grounds of creditor prejudice and material irregularity. Analysed limitation implications and compliance with Consumer IVA Protocol.
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Central London Restaurant Advised and defended high-profile Central London restaurant facing winding-up threats from trade creditors, ensuring withdrawal of proceedings and preservation of ongoing business.
Landlord & Tenant
Overview
Mikhail represents both landlords and tenants in commercial and residential property disputes, regularly securing prompt and cost-effective resolutions in possession proceedings, forfeiture, dilapidations, and housing disrepair matters. He appears frequently at County Court housing centres across London and the South East.
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Key Areas
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Section 21 and Section 8 possession proceedings
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Forfeiture and relief from forfeiture
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Housing disrepair claims and counterclaims
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Tenancy deposit disputes (Housing Act 2004)
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Succession and secure tenancy disputes
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Service charge disputes
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Upper Tribunal (Lands Chamber) appeals
Representative Instructions
Upper Tribunal Appeal Tabassam v Manchester City Council [2024] UKUT 93 (LC) Represented appellant landlord before Upper Tribunal Judge Elizabeth Cooke in appeal against civil penalty imposed under Housing Act 2004 for failure to comply with improvement notice. Advanced submissions on validity of service, reasonable excuse defence under s.30(5), and proportionality of penalty.
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Housing Disrepair Trial — Croydon County Court Acted for defendant tenant in defended possession claim based on Section 8 notice (Grounds 8, 10, 11). Successfully argued invalidity of notice under s.45(3) Housing Act 1988, securing strike-out of possession claim. Obtained judgment on counterclaim for disrepair damages totalling £46,543.90 plus treble deposit penalty of £21,807 for failure to protect deposit within prescribed period.
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Section 21 Defence — Romford County Court Represented defendants in possession proceedings where landlord sought possession following expiry of Section 21 notice. Successfully argued absence of valid 'How to Rent' booklet service under s.21B Housing Act 1988, securing dismissal.
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Gas Safety Defence — Romford County Court Applying Trecarrell House Limited v Rouncefield [2020] EWCA Civ 760 Acted for claimant landlord where Section 21 notice was challenged on gas safety grounds. Advised on proper compliance requirements following Court of Appeal decision.
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Relief from Forfeiture — Watford County Court Represented commercial tenant in application for relief from forfeiture of lease in respect of rent arrears. Made submissions on correct calculation of arrears and secured four-week relief period under County Courts Act 1984, s.138(3), (4).
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Local Authority Succession Dispute — County Court Acted for occupant defending possession claim by local authority housing trust following death of secure tenant. Advanced arguments on succession rights, connection to property, and caring support provided to deceased, securing directions for trial.
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Multi-Defendant Possession Claim — Clerkenwell & Shoreditch County Court London Borough of Tower Hamlets v Miah & Ors Represented five defendants in contested possession proceedings. Defence involved complex factual matrix concerning original secure tenancy, death of tenant, vesting of tenancy, and subsequent occupation by family members.
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Housing Provider Possession — Romford County Court London and Quadrant Housing Trust v Ahmed & Ejaz Represented defendants in possession claim brought by registered housing provider. Advanced technical defence on service of prescribed information under Deregulation Act 2015.
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Possession Proceedings — Stratford Housing Centre Acted for claimant landlords in multiple possession hearings relying upon Section 8 notices under Grounds 8, 10 and 11 Housing Act 1988. Regularly secured possession orders forthwith or within 14 days where mandatory grounds established.
Offshore & Financial Services
Overview
Mikhail's multi-jurisdictional qualification across the British Virgin Islands, Saint Vincent and the Grenadines, Saint Lucia, Grenada, Saint Kitts and Nevis, the Astana International Financial Centre, and the Abu Dhabi Global Market enables comprehensive advice on corporate structuring, trust administration, and regulatory compliance in international financial services.
Key Areas
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BVI, SVG, Nevis, and St Kitts corporate structures
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International trusts and offshore banks
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International Business Companies (IBCs)
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AML/KYC compliance and regulatory advice
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Cross-border asset protection
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Offshore litigation and judgment enforcement
Representative Instructions
Commercial Bank of Dubai v 18 Elvaston Place [BVIHCOM2020/0070] Led junior on first reported case following overruling of 'Black Swan' injunctive relief route in BVI High Court and Eastern Caribbean Court of Appeal.
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Privy Council Tax Appeal [Current] Currently instructed in largest domestic/cross-border tax assessment appeal to Privy Council arising from Saint Vincent and the Grenadines, having appeared at Court of Appeal below.
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Major Technology Company Advisory Advised Google and Spotify on seller support contracts in Saint Lucia, Grenada, and Saint Vincent.
International Law Firm Instructions Advised Hogan Lovells on state and applicability of insolvency regimes in Saint Lucia, Saint Vincent, and Grenada.
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Offshore Bank Liquidation Challenged liquidators retaining €3 million against largest offshore bank in Vincentian jurisdiction.
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Norwich Pharmacal Relief LMN v QRS [2019] Obtained Norwich Pharmacal and Bankers Trust orders against bad actor holding accounts in Vincentian offshore bank.
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Digital Wings Limited [2017] First application for recognition of foreign liquidator under Vincentian Bankruptcy and Insolvency Act 2015.
Trust & Estate Disputes
Overview
Mikhail's chancery practice encompasses both contentious and non-contentious trust and estate matters. He holds the STEP Advanced Certificate in Trust Disputes and serves as LexisNexis Author and Editor for Tolley's Administration of Estates and Administration of Trusts, with responsibility for chapters on Insolvent Estates, Cross Border Estates, and Claims Under I(PFD)A 1975.
Key Areas
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Contentious probate disputes
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Trust restructuring and variation
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Beneficiary disputes
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Breach of fiduciary duty
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Insolvent estates
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Cross-border estate administration
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Claims under Inheritance (Provision for Family and Dependants) Act 1975
Representative Instructions
Hong Kong Trust Dispute Acted for beneficiary of Hong Kong domiciled 'parent' trust against Trustees operating from Monaco.
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Nevis Trust Jurisdiction Advised on legality of protector changing proper/governing law of Nevis trust to Cayman Islands. Considered anti-suit injunctive relief to restrain ongoing English, US, and Cayman proceedings.
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Expert Evidence — US 1782 Application Provided expert evidence on Nevis law issues of civil conspiracy and unlawful means conspiracy in context of US discovery application to assist foreign proceedings.
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Complex Trust Restructurings Acting as sole counsel in complex trust restructurings and probate claims involving high-value estates with multi-jurisdictional elements.
Crime
Overview
Mikhail's criminal practice encompasses both substantive criminal defence and the civil recovery regimes that intersect with criminal proceedings. He has particular expertise in financial crime, proceeds of crime matters, confiscation order enforcement, and account freezing order proceedings under the Proceeds of Crime Act 2002.
His Commonwealth Secretariat background in asset recovery frameworks provides distinctive insight into the policy underpinnings of modern proceeds of crime legislation.
In the Caribbean, he has appeared in serious criminal appeals before the Eastern Caribbean Court of Appeal, including landmark matters concerning money laundering, forfeiture, and restraint orders.
In England and Wales, his practice focuses on the regulatory and civil recovery aspects of criminal proceedings, representing individuals and companies facing account freezing orders, confiscation order enforcement, and related applications in the Magistrates' Courts.
Key Areas
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Account freezing orders (POCA 2002, ss.303Z1–303Z18)
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Account forfeiture orders and appeals to the Crown Court
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Confiscation order enforcement and committal proceedings
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Certificates of inadequacy applications
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Restraint order variations and discharge
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Money laundering investigations and defence
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Serious fraud and financial crime
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Criminal sentencing (including guideline cases)
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Ground 7A mandatory possession (serious criminal offences)
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Anti-social behaviour injunctions (ASBCPA 2014)
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Harassment and stalking (Protection from Harassment Act 1997)
Representative Instructions
Account Freezing Order — Derby Magistrates' Court
FIU v Iftikhar Plastic & Company UK Ltd
Represented respondent company in contested application by the Financial Investigation Unit of Derbyshire Constabulary for an account freezing order under s.303Z1 POCA 2002.
Challenged the adequacy of the evidence supporting the "reasonable grounds for suspecting" test, cross-examined the investigating officer, and advanced submissions on the legitimate provenance of funds.
Advised on subsequent applications to vary the order to permit reasonable living expenses and continuation of trade under s.303Z3(4).
Account Forfeiture Order — Westminster Magistrates' Court
HMRC v JHCC
Before District Judge Law
Represented respondent company in three-day contested forfeiture hearing concerning credit balance of approximately £136,000.
Prepared and argued skeleton argument on costs, challenging HMRC's conduct including: misuse of AFO as a "restraint tool" to aid civil tax investigations rather than criminal proceedings; reliance on civil information-gathering powers under Schedule 36 Finance Act 2008 when production orders under POCA should have been sought; and repeated failures to comply with court-ordered notice periods.
Advanced submissions on abuse of process and proportionality under common law and ECHR principles.
Confiscation Order Enforcement — Central London Magistrates' Court
R v Richard David-Love
Appeared at committal hearing before full bench of Magistrates following HMCTS enforcement proceedings in respect of outstanding confiscation order with 8% interest accruing.
Advanced submissions on the Court's powers under Magistrates' Courts Act 1980, s.82(4), including the requirement to consider all methods of enforcement short of issuing a warrant of commitment before doing so (per R v Harrow JJ Ex p. DPP (1991) 93 Cr. App. R. 388).
Successfully argued absence of culpable neglect or wilful refusal, securing adjournment of committal proceedings.
Money Laundering and Forfeiture — Eastern Caribbean Court of Appeal
R v Gellizeau [Crim. App. 58 of 2013]
Appeared in Court of Appeal in Saint Vincent and the Grenadines in criminal appeal concerning money laundering conviction, forfeiture, and restraint orders.
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Reported decision addressing scope of proceeds of crime legislation in the Eastern Caribbean.
Sentencing Guidelines — Eastern Caribbean
R v Bennet [2015] (unreported)
Appeared in serious criminal matter in Saint Vincent and the Grenadines addressing sentencing guidelines for rape, contributing to development of regional sentencing principles.
R v Patterson [2014] (unreported)
Represented defendant in sentencing proceedings, successfully advancing submissions on the importance of mental health review in determining appropriate sentence.
Ground 7A Mandatory Possession — County Court
Poplar HARCA v Strange Before HHJ Saggerson, Central London County Court
Acted for defendant in appeal against possession order made under Ground 7A, Housing Act 1988 (mandatory ground following conviction of serious offence). The defendant's husband had been convicted of affray and possession of offensive weapon at Snaresbrook Crown Court (Category A culpability, Category 1 harm; 14 months' imprisonment for affray, 6 months for offensive weapon, suspended for 2 years).
Advanced submissions on reasonable excuse and proportionality, distinguishing the defendant's personal culpability from her husband's conduct.
Anti-Social Behaviour and Criminal Possession Grounds — County Court
Regularly instructed in possession proceedings founded on Ground 14 (nuisance, annoyance, or criminal conviction) and Ground 12 (breach of tenancy obligation), requiring analysis of underlying criminal conduct and its housing consequences. Experience includes matters involving indictable offences committed in the locality of the dwelling-house, immoral or illegal use of premises, and conduct causing harassment, alarm or distress.
Policy
At the Commonwealth Secretariat (2015–2017), Mikhail contributed to several publications and initiatives directly relevant to criminal asset recovery:
Publications:
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Judicial Guidelines on Non-Conviction Based Forfeiture of the Proceeds of Crime for the Federal Republic of Nigeria — contributor
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Common Law Legal Systems Model Legislative Provisions on Money Laundering, Terrorism Financing, Preventative Measures and Proceeds of Crime — contributor (Commonwealth Secretariat, UNODC, IMF 2016)
Policy Advisory:
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Provided specialised advice on development of policies and legislation related to the United Nations Convention Against Corruption (Asset Recovery, Tracing, Restraint, Forfeiture) for Commonwealth member states
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Advocacy and policy drafting representation on behalf of Small States in matters of Countering the Financing of Terrorism, Sanctions, and AML/KYC compliance with FATF 40 Recommendations
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Comparative legal advice on UN Sanctions, OECD Anti-Bribery Guidelines, UK Proceeds of Crime Act 2002, Anti-Terrorism Legislation, and EU anti-money laundering directives
Notable Cases
Reported
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R v Gellizeau [Crim. App. 58 of 2013] — ECCA — money laundering, forfeiture and restraint
Unreported
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R v Bennet [2015] — sentencing guidelines for rape
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R v Patterson [2014] — mental health considerations in sentencing
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R v Richard David-Love — confiscation order enforcement (Central London Magistrates' Court)
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FIU v Iftikhar Plastic & Co. — account freezing order (Derby Magistrates' Court)
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HMRC v JHCC — account forfeiture (Westminster Magistrates' Court)
Training & Qualifications
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Bar Professional Training Course — City University of London (2011–2012)
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Criminal Litigation
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Advocacy (Examination-in-chief, Cross-examination, Closing — Criminal and Civil)
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Serious Fraud / Financial Crime
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UNODC Anti-Corruption Certified (2016)
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INSOL International Certificate in Asset Tracing and Recovery (2025–2026) — includes modules on criminal asset recovery frameworks