Michael Shilliday

 

Year of Call: 2012

Practice Group(s): Crime, Immigration, Public & Regulatory

Portrait of Michael Shilliday

Education:
BSc Politics, University of Ulster (2007)
LLM Queen's University Belfast (2008)
LLB College of Law (2012)
BPTC College of Law (2012)

Practice Profile:
Michael specialises in Crime and Immigration. He is recognised in particular for client rapport and his confident, thorough style. Instructing solicitors have recommended him for his approach:
"He has an instinctive ability to quickly identify the crucial elements of any given case and is able to provide clear, concise and well thought out advice"
"Michael has dealt with some very sensitive cases on my behalf and has always displayed sound judgment and a tremendous ability to empathise with the lay client and his/her family"

Notable Cases:

Criminal defence:

R v JM Conspiracy to Supply Class A, Winchester Crown Court. A five day trial involving cell site evidence.
R v FS - Perverting the Course of Justice, Theft and Fraud, Woolwich Crown Court. Secured an acquittal on all counts.
R v RD - Witness intimidation and Dangerous Driving, Northampton Crown Court. Prosecution offered no evidence at the door of the court following representations made.
R v TC - Sexual assault and attempted sexual assault, Bromley Youth Court. A full day trial involving a very serious allegaton against an autistic child in custody. Having been convicted at trial, Michael successfully represented the client at appeal at Woolwich Crown Court.
R v AH - Benefit fraud, Snaresbrook Crown Court. Secured an acquittal to a dishonesty offence where the defendant claimed someone else filled in the form, but could not provide a surname or whereabouts for that person.
R v JL - Serious Inquiry by Dangerous Driving, Woolwich Crown Court, Defendant caused serious fractures to the legs of a motorcyclist while on the wrong side of the road around a blind bend on a country road. Involved expert toxicology evidence in relation to cocaine in the Defendants blood.
R v YK - Sexual assault, Leicester Crown Court. Secured an acquittal after a 4 day trial.
R v IK - s329 POCA, Westminster Magistrates' Court. Complex two day trial where client was alleged to have been laundering large volumes of stolen laptops.
R v AA - Robbery, Snaresbrook Crown Court. Defended in a cut throat trial involving a group of young defendants. Subsequently appeared for the defendant in the Court of Appeal with leave of the single judge in R v AMA & ANA [2018] EWCA Crim 134
R v NA - Dock brief, Woolwich Crown Court. Represented a witness in contempt proceedings during a murder trial. Secured a 28 day suspended sentence where the statutory maximum 3 months' immediate custody was the starting point.

Criminal prosecution:

R v MP & JR Conspiracy to Burgle, Lewes Crown Court. A six day trial involving unusual telephone attribution required to underpin cell site evidence.
R v JE Dangerous Driving, Snaresbrook Crown Court. A prolonged police chase at speeds of up to 80mph through east London. Bad character evidence in relation to drugs and knives being thrown from the car.
R v JH - Robbery, Huntingdon Crown Court. Newton hearing where the complainant failed to attend. Successfully applied to adduce her evidence under hearsay provisions.
R v JP & RP - Racially Aggravated Battery, Croydon Crown Court. Two day appeal involving allegations against twin brothers accused of a violent attack on a taxi driver.
R v KL - Battery, Lewes Crown Court. Appeal conviction where the complainant turned hostile giving evidence.

Immigration:

FH v SSHD. Complex Asylum and Article 3 appeal with a negative previous determination. Successfully argued Article 3 risk on return to Bangladesh as a lone disabled young adult.
JNN v SSHD [2018] UKAITUR PA049492017. Appeared for the Appellant at the FtT and UT. Succeeded in arguing a breach of Article 8 ECHR where Asylum had not been made out.
EDK v SSHD [2017] UKAITUR HU006322016. Successfully argued that an ambiguous basis for an allowed appeal was not plain when read together with the Home Office guidance on older cases.
AD v SSHD. Out of country appeal arguing medical conditions combined with risk to the Appellant's brother as an Ahmadi Muslim.
MS v SSHD. Successfully sought to set aside decision of the FtT on grounds of procedural irregularity.

Further Professional Information:
Prior to pupillage Michael was an advocate at the Home Office, working at both levels of the Tribunal system. He was the Presenting Officer in the reported decision of a Presidential panel in Amirteymour and others (EEA appeals; human rights) [2015] UKUT 00466 (IAC).

Prior to coming to the Bar, Michael worked in politics in Northern Ireland. He was a policy officer at the Northern Ireland Assembly where he assisted with the legislative passage of several bills and amendments, including the criminalisation of Hare Coursing.

He is known in Northern Ireland as a political commentator on current affairs in radio, print and other news media. He regularly appeared as a contributor on BBC Radio Ulster, BBC Radio 4, and wrote a weekly column for a Belfast daily newspaper in 2012.

Interests:
Rugby, travel and cooking.