A Client Choice™ award winner and recommended by Legal 500, Niall is a litigation partner on our Tier 1 ranked Public, Regulatory & Investigations team.
Amongst other things, he shares his industry-leading experience and expertise with clients in the regulatory sphere. A large part of his practice is in the areas of sectoral and professional regulation, and professional discipline. In particular, he advises clients extensively in the areas of financial services, utilities, aviation and legal services regulation. Here, he assists both regulators and regulated persons in navigating complex issues, including compliance, regulation, supervision, investigation and enforcement. He frequently advises and represents clients in optimally navigating through regulatory and other investigations and inquiries. This includes guiding clients on the exercise of regulatory powers, the procedures to be followed, the rights and obligations of the parties involved, and on the extent of information and document-provision that can be expected or required.
Niall frequently appears for clients in the course of investigations, before investigatory bodies and in other forums. He also litigates on behalf of clients in high-profile and sometimes ground-breaking judicial review and statutory appeal proceedings in the courts.
In the area of public procurement, Niall advises and represents clients in relation to intended and actual court challenges to tender processes and decisions. He has both defended contracting authorities and acted for candidates or tenderers with grievances in this highly-specialised, time-sensitive and high-stakes area of litigation practice.
Niall is an acknowledged expert in Freedom of Information, and in evidence and information-management and disclosure. For many years, he has consistently advised FOI bodies and those interacting with them on all facets of FOI law and practice, as well as on statutory reviews and court appeals. In other information law matters, he regularly de-mystifies for clients the technical issues in evidence-gathering and evaluation, confidentiality, privacy, and privilege.
Specialties
- Public and Administrative Law
- Regulatory Law
- Disciplinary Law
- Litigation (Judicial Review; Statutory Appeals; Plenary Proceedings)
- Investigations and Inquiries
- Information Law
- Freedom of Information
- Law of Evidence; Privilege; Disclosure
- Public Procurement
- Public Sector Corporate Governance
- Constitutional and European Convention on Human Rights Law
- Statutory Interpretation and Drafting
Representative Matters
- Successfully defending the Commission for Aviation Regulation in judicial review proceedings brought by Ryanair DAC against a direction to pay passengers compensation under EU Regulation 261/2004 for flight cancellations during a pilots’ strike of 2018
- Successfully defending the Solicitors Disciplinary Tribunal in both the High Court and the Court of Appeal against a challenge by a solicitor against a finding of misconduct, which had potentially far-reaching consequences for the regulation of solicitors and for the profession.
- Representing two EU-based tenderers in two separate public procurement judicial review actions challenging decisions of Irish Rail to award valuable railway contracts to third parties, with the successful resolution of one, and the on-going prosecution of the other.
- Representing the Housing Agency in a Freedom of Information appeal to the High Court against a decision of the Information Commissioner directing the release to a Sunday Independent journalist of the Agency’s assessment reports on numerous Approved Housing Bodies.
- Representing the Commission for Regulation of Utilities in defending a statutory appeal and judicial review brought by Viridian Power Limited against a decision to modify its electricity generation licence to bring it into line with the new Integrated Single Electricity Market arrangements on the island of Ireland.
- Representing a regulated financial service provider in a high-profile investigation and examination by the Central Bank of Ireland regarding tracker-mortgage arrangements with customers.
- Representing TransCore LP, a global leader in motorway tolling services, in a Commercial Court public procurement challenge to a decision of Transport Infrastructure Ireland not to award it the M50 motorway tolling services contract, worth €400 million.
Recommendations
Chambers & Partners, 2020
Niall's ability to "provide reliable counsel under time pressure is truly impressive".
Legal 500, 2020
‘Niall Michel...is easy to work with, understands the relevant issues, gets to the point quickly and manages disputes efficiently.‘
Chambers & Partners, 2019
Niall is "very considered and strategic in his thinking”.
Legal 500, 2019
Niall is a “Recommended Lawyer”.
Speaking Engagements & Teaching
Lecturer on Public Affairs Ireland’s certificate course in Freedom of Information and on courses in Statutory Appeals and Judicial Review.
Regular trainer and lecturer on legal topics, in-house at client venues, or at MHC and other venues. Topics include FOI; judicial review; decision-making in the public sector; legitimate expectations; legal professional privilege; and professional regulation.
Authorship
• Contributing author to "Freedom of Information: Philosophy and Implementation" (Blackhall Publishing)
• Contributing author to "Freedom of Information: Law and Practice" (FirstLaw)
• Contributing author (Ireland Chapter) to “LEGAL PROFESSIONAL PRIVILEGE, Global Handbook” (third edition) (DLA; Published in association with the European Company Lawyers Association)
• Author of articles on judicial review, freedom of information, and other public law or dispute-resolution-related topics, such as the doctrine of legitimate expectations and legal professional privilege. Some are available on this website.