Michael Brabin
DOB: 15/01/1946
Qualifications: Solicitor 1971 to 1976
Called: 1976
Email: michaelbrabin@colletonchambers.co.uk
Crime
Michael is an experienced criminal practitioner who has acted for both Prosecution and Defence in many serious and complex cases. He is a CAT 4 Prosecutor (dealing with the most serious cases) and is regularly instructed as a leading junior.
He has a particular interest in Mental Health and vulnerable witnesses and Defendants.
He receives instructions in corporate crime including Proceeds of Crime issues.
Regulatory Crime
Frequently acts for both Defendants and Local Authorities in relation to the following areas of law:
Planning
Trading Standards/Test Purchases
Health & Safety
Animal Welfare
Food Safety
He is also retained by the Chief Constable in relation to firearms matters. He has been instructed to advise the Courts in relation to issues of disclosure and legal privilege.
Throughout his career Michael has acted both for the Regulating Authorities and for fishermen in relation to sea fisheries matters and in relation to crime flowing from the use of fishing vessels and the sale of fish.
As long ago as 1979 he established in the case of Alexander v Tonkin, the acts which constitute the beginning and end of fishing.
Administrative Law Including Inquires Into Causes Of Death
Instructed in Coroner's Courts by corporations and regulatory bodies including, The Maritime and Coastguard Agency and Treasury Solicitors.
He has acted for Appellants and Local Authorities in relation to Planning matters and has appeared against leading Counsel in major Planning Appeals when he has been instructed by Local Authorities in both Devon and Cornwall.
Civil
Over many years Michael has had a wide ranging civil practice but now accepts civil work only in those areas of law in which he has a particular interest.
Appointments
Long standing President of the Mental Health Review Tribunal.
Notable Cases
Numerous
Civil from Pasco v Turner 1979 CA. The principle of proprietary estoppel was clearly affirmed in the United Kingdom for the first time
to
Devon County Council v Webber and Webber 2002 CA. Ruled on whether run off from arable fields was so predictable as to cause nuisance.
Crime
From
R v South West Water Camelford incident Crown Court and CA 1985
to
R v E 2004 CA. Concerning the admissibility of telephone surveillance evidence within a major drugs conspiracy.
Personal
Michael is married with an adult daughter. The family have lived on Dartmoor and on the River Torridge for over 35 years. He has many interests including fishing and diving. He is a life long equestrian.