Michael Spencer

Public Law

Michael is developing a broad public law practice, having spent 8 years prior to coming to the bar as a solicitor-advocate specialising in public law and human rights.  He has a particular interest in discrimination, social security, immigration, migrant rights, mental health, environmental and regulatory law.

Michael is a member of the Equality and Human Rights Commission’s C Panel of Counsel and the Chair of the Asylum Support Appeals Project. He co-authored the Migrants for Benefits Handbook and the Disabled Children Handbook.  In 2017 he spent a year as the judicial assistant to Lord Kerr at the Supreme Court, where he assisted in a number of high profile public law cases including:

• R(Miller) v SSExEU [2017] UKSC 5,
• In Re Brewster [2017] UKSC 8,
• R(Kiarie and Byndloss) v SSHD [2017] UKSC 42
• Unison v Lord Chancellor [2017] UKSC 51.

Selected Cases

• MM and SI v SSWP [2016] UKUT 149 (AAC): Successful appeal establishing exemption for refugees from the past presence test for disability living allowance.
• YS v SSHD (2019): Successful claim for judicial review of decision to house an asylum seeker with mental health problems in shared accommodation.
• IS v SSHD (2019): Judicial review of decision to refuse permission to appeal to the Upper Tribunal in an immigration appeal.
• SK and LL v SSWP (2019): Appeared unled in a test case appeal before the Upper Tribunal (Administrative Appeals Chamber) relating to discrimination against refugees and kinship carers.
•  Appeared as a junior with David Hart QC in an appeal in the First-tier Tribunal (General Regulatory Chamber) relating to the Carbon Emissions Trading Scheme.