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Band 2
Provided by Michael McNally
Michael’s particular area of expertise is in advising rural clients and in particular landed estates, stately homes, grouse moors, major shooting agencies and bodies, rural businesses, farms, country sports and countryside bodies, hunts and shoots in relation to a wide variety of disputes and other matters. These matters typically include disputes over sporting rights, boundaries, access rights and trespass.
Michael also advises not only rural clients but also commercial clients and regulatory bodies over employment matters of all kinds, both contentious and non-contentious.
Michael’s equestrian work includes handling disputes over the purchase and sale of horses, the bringing on of horses, equestrian joint ventures and contract and misrepresentation disputes over equestrian equipment and premises, as well as non-contentious agreements over the loan, sale, grazing and livery of horses.
Michael also advises countryside and country sports clients on health and safety matters in relation to shooting and riding/hunting – for example, over wearing of hunt caps and safety hats.
Michael also handles professional negligence claims mostly for those involved in farming and land/animal management.
Michael also acts for commercial clients in commercial disputes over breach of contract, frustration of contracts, breach of commercial agreements and breach of post-termination covenants.
Michael has extensive experience of handling court cases in the County Court, High Court, Court of Appeal and the House of Lords (now the Supreme Court).
Tunbridge Wells, Tonbridge & District Law Society (President, 2008)
Kent Law Society
Agricultural Law Association
CLA
NFU
Recognised by Legal 500 as a Leading Individual 2018 – 2025
Recognised by Chambers and Partners as a Ranked Lawyer 2016 - 2025
Bristows, London, 1988 to 1991.
Cripps, Tunbridge Wells, 1991 to 1994.
Knights, Tunbridge Wells, 1994 to 2011 (one of two founding partners).
Warners, Tonbridge, 2012 to-date.
• “Organising Examination Out Of The Jurisdiction” – Solicitors Journal, 4 June 2013
• “A well-earned retirement?” – Agricultural Law Association Bulletin, Autumn 2012
• “Is your compulsory retirement age policy for partners Seldon compliant?”, Solicitors Journal, 11 September 2012
• “DEFRA’s consultation on reforming section 2(2) of the Animals Act is unnecessary”, Solicitors Journal, 22 May 2012
• “Time to let sleeping dogs lie?”, Agricultural Law Association Bulletin, Spring 2012
• “The End of Employment Protection for Agricultural Workers?” Agricultural Law Association Bulletin, Winter 2010/2011
• “The Animals Act – The end of Strict Liability?” Agricultural Law Association Bulletin, Autumn 2009 and Farm Law, July/August 2009; also in the Equine and Animal Lawyers Association Magazine, September 2009
• “Too Little, Too Late?” (on proposed changes to the Animals Act 1971), Solicitors Journal, 11 August 2009
Seminars delivered:
• “Animals and Accidents” LexisNexis Agricultural Conference, London, February 2010
• “The Animals Act 1971 – The End of Strict Liability?” Savills Annual Conference, Cirencester, September 2010
• “Distance Selling – How to Avoid The Pitfalls”, British Equestrian Trade Association Conference, October 2012
• “Employment Law – A New Direction?”, Institute of Directors, Kent Branch, June 2012
• “Work In Progress – Employment Law Update” – IoD Kent Branch, May 2013
• “Work In Progress – Employment Law Update”, Country Land and Business Association, June 2013
• “Money for Nothing – Employment Law Update”, IoD Kent Branch, May 2014
Outside work, Michael’s main interests are fishing (trout and salmon), golf, distance running and gym work. He is married with 2 children.
Burge and another v Haycock and another (2001) EWCA Civ 900 Court of Appeal: case decided that the scope of the tort of passing off could include elections/political activity (this is the leading case on this point)
Cross v Kirkby (2000) QBENF 99/0526/A2 Court of Appeal: clarified law of self defence and doctrine of ex turpi causa (this is one of the leading cases in these areas, especially in a civil context)
Sawrij and others v Lynx (helping abused animals) Ltd and others (1992) Court of Appeal: clarification of the circumstances in which enforcement can be stayed
Sawrij and others v Lynx (helping abused animals) Ltd and others (1994) Court of Appeal: clarification of the circumstances in which a wasted costs order can be made
Brigden v American Express Bank Ltd (2000) IRLR 94 High Court (QBD): applicability of Unfair Contract Terms Act 1977 to employment contracts
Advising an estate and stately home over a dispute with an adjoining farm in relation to the extent of the estate’s sporting rights – in particular, the right to shoot
Advising a major grouse moor in relation to a dispute with Natural England over the extent of the landowner’s sporting rights and negotiating a settlement with Natural England
Acting for a major estate in successful resisting a local landowner’s application for adverse possession over part of the estate
Advising a large estate in a dispute with a neighbouring equestrian centre over the extent of the equestrian centre’s access rights
Acting for the owner of a substantial farmhouse in a boundary dispute; after the issue of court proceedings, the case proceeded to binding arbitration in which the arbitrator decided in our client’s favour as to the position of the boundary
Landed Estates
Grouse moors
Shooting agencies
Countryside and country sports regulatory membership bodies
Hunts, shoots and other rural businesses
Non-confidential clients include:
• British Hound Sports Association
• Mark Osborne/JM Osborne Rural Sporting Limited
• Jeremy Herrmann/East Allenheads Estate Limited
• The Estate of the Late Harry Hyams
• National Farmers Union (East and Kent Sussex)
• Markel Legal Expenses Insurance
• England and Wales
• Scotland (in relation to hunting and shooting related employment disputes)
University of Exeter
1983 - 1986
The College of Law, Guildford
1986 - 1988
Provided by Chambers
Provided by Chambers
Michael offers excellent support for rural communities.
Michael McNally is very experienced and knowledgeable in this area of law. He is always available to assist where needed and understands estates completely. He is a specialist.
Michael offers excellent support for rural communities.
Michael McNally is very experienced and knowledgeable in this area of law. He is always available to assist where needed and understands estates completely. He is a specialist.
Provided by Warners Solicitors
Agriculture and Agribusiness