Mike O’Brien is an experienced practitioner and member of chambers Court of Protection, International and Public Law groups.
Since 2011, Mike O’Brien has regularly appeared before the Court of Protection, instructed by local authorities, the Official Solicitor and private clients in matters concerning welfare, deprivation of liberty, and property and financial affairs. He brings senior level expertise and careful judgment to complex and sensitive cases. He is a former Government Law Officer and in 2005 was appointed QC (now KC). He served as Solicitor General for England and Wales from 2005 to 2007
Mike’s early career included six years teaching law, followed by practice as a solicitor in high-profile criminal work in London, with regular advocacy as a solicitor advocate. He served as a Member of Parliament and as a Minister for 13 years. During this time, he played a key role in advancing major legislation, including the Human Rights Act and Freedom of Information legislation, and contributed to the development of the Mental Capacity Act. He transferred to the Bar in 2011, joining No5 Chambers.
Mike has successfully acted in matters for local authorities, the Official Solicitor and private clients in challenging proceedings for over 15 years.
He successfully represented a mother denied access to her 22-year-old daughter, who lacked capacity and had been taken into care. The daughter was returned to her mother’s care ([2024] EWCOP 19). When the matter was appealed by the local authority, the ICB and the Official Solicitor, he succeeded in the Court of Appeal ([2024] EWCA Civ 572).
He argued for a local authority that a 25-year-old man with autistic spectrum disorder should be taken into care. The case addressed nuanced questions of capacity and the scope of Article 8 rights, with Mike advancing clear and persuasive arguments on the distinction between private and family life ([2013] EWHC 2580).
He acted for a local authority in a matter involving a young woman lacking capacity and residing in secure care with serious health conditions, where the court considered her right to engage in personal relationships despite the potential consequences. His work reflects a balanced and principled approach to autonomy and protection.
Mike has regularly acted for the Official Solicitor in cases involving vulnerable individuals, including successfully arguing for greater personal freedom for an elderly woman with dementia. He has also acted for local authorities, the Official Solicitor, and clients in “clutter” cases.
In addition, he has resolved complex family disputes concerning powers of attorney and property, achieving practical and effective settlements in highly sensitive circumstances.
Mike is a member of HM Privy Council. He specialises in Court of Protection work and judicial review, with additional experience in appellate and chancery matters. Mike’s career path, from solicitor to barrister, academic and senior government minister, gives clients the benefit of a uniquely broad and practical perspective. He remains approachable and pragmatic, welcoming a wide range of instructions in challenging cases.
Mike O’Brien is a former Law Officer and advised the government on legal issues. He was Solicitor General for England and Wales from 2005 to 2007, and served for thirteen years as a Government Minister. This includes being a Home Office Minister and the Minister of State for Health until May 2010. He therefore has an in depth knowledge of how the public sector operates at the national and local level and understands the NHS. He took through the House of Commons new legislation on health, as well as the Human Rights Act, the Freedom of Information Act, two pensions Acts and oversaw implementation of the Data Protection Act. He has lectured and written on the new Health and Social Care Act including conducting in house seminars for specialist firms on the implications of the new law.
Since joining No5 Chambers last year Mike has worked on judicial review cases including on local government and health related matters. He has advised on procurement cases involving in local government and health areas. In addition, he has recently acted in a 30m trust dispute over the ownership of a chain of businesses which was resolved privately and also in series of personal injury claims, including medical negligence.
He recently acted in an internal dispute within a national professional organisation as part of a developing interest in disciplinary and regulatory law.
Mike has a keen interest in Mental Health Act and Mental Capacity Act cases and both advised local authorities and others, as well as lectured on the subject.
Mike initially trained as a solicitor in Birmingham. He was a lecturer in Contract and Business Law from 1981 to 1987 before practicing as a solicitor in London and later the Midlands. He was on his feet in court on a daily basis as a solicitor advocate for some years before being elected to Parliament in 1992. He is a member of Her Majesty’s Privy Council and was appointed by HM as a Queen’s Counsel in 2005. He transferred to the Bar and joined No5 Chambers in early 2011.
This gives clients the opportunity to brief counsel with an extensive experience of how the public sector works, as well as the person who brought into the law many important Acts of Parliament. Although he was made a QC in 2005, Mike is currently building up his client base and hence has accepted a wide range of work as a junior because the key thing for him is to attract a range of interesting cases.
Mike O’Brien has acted in a broad range of judicial review cases, particularly those involving local authorities and healthcare bodies. He has advised on procurement matters and has experience in high-value commercial disputes, as well as personal injury and clinical negligence work.
Mike’s public law practice is underpinned by his extensive experience in government and legislative reform. As a former Solicitor General and long-serving minister, he offers a rare combination of legal expertise and first-hand knowledge of how public bodies operate. He has been instrumental in the development and implementation of major legislation, including the Human Rights Act, the Freedom of Information Act, and key health and pensions reforms. This background enables him to provide strategic, informed advice on complex public law issues.
His recent instructions include disputes within professional and regulatory bodies, further strengthening his expertise in disciplinary law.
His experience enables him to combine practical advocacy with academic engagement through lectures and seminars.
Mike’s career path, from solicitor to barrister, academic and senior government minister, gives clients the benefit of a uniquely broad and practical perspective. He remains approachable and pragmatic, welcoming a wide range of instructions in challenging cases.
By Mike O’Brien Sir David Nicholson, the NHS Chief Executive wants £20billion of savings to the NHS budget, about a fifth of the £104 Billion…
In an important test case where judgement was handed down today, Wednesday 27th July 2011, the Court of Appeal has supported the lawfulness of the…
By Mike O’Brien Sir David Nicholson, the NHS Chief Executive wants £20billion of savings to the NHS budget, about a fifth of the £104 Billion…
In an important test case where judgement was handed down today, Wednesday 27th July 2011, the Court of Appeal has supported the lawfulness of the…
