Michael McCracken has a broad civil litigation practice involving a particular focus on the Chancery Court. He is also an accredited mediator with the Dispute Resolution Service of the Law Society of Northern Ireland.
Before being called to the Bar, Michael spent thirteen years (1991 - 2004) as a solicitor (including four years as a partner) at Johnsons, a leading Belfast legal practice with recognised expertise in defence and commercial litigation, defamation and media related law.
1979 - 1986; Methodist College Belfast
1986 - 1989; University of Leeds - LL.B (Hons)
1991; IPLS, QUB - Certificate of Professional Legal Studies
1999; University of Leeds - M.A.(by research)
2005; IPLS, QUB - Additional Bar trainee courses for Call
Other professional credentials:
1991; Admitted as a Solicitor in Northern Ireland
2008; Certificate in Chancery Practice – programme delivered by SLS on behalf of the Bar Council of Northern Ireland
2011; Accredited Mediator - completed certified mediation course delivered by Baker Tilly Ryan Glennon
2012; Certificate in Commercial Court Practice - programme delivered by SLS in partnership with the Bar CPD Committee
2013; Advanced Advocacy Training Course completed - delivered by Advocacy Training Board
Mediator with the Dispute Resolution Service of the Law Society of Northern Ireland
Member of the Personal Injury Bar Association of Northern Ireland
Member of the Commercial Bar Association of Northern Ireland
Michael regularly acts as a part-time tutor and marker at the IPLS, QUB, in respect of various solicitor and bar trainee courses (including County Court, High Court, Chancery, Legal Research, and the Full Trial Programme) forming part of the syllabus for the Certificate of Professional Legal Studies.
Examples of recent cases:
Northern Bank Limited v Allen, Nigel Stuart Patrick  NIMaster 5 - concerned whether the Bank had a mortgage or charge over premises by reason of a solicitor’s undertaking or an alleged contract to execute a mortgage - successful in part - established that there was no intention at the time of the giving of the solicitor’s undertaking that any interest in the premises should be transferred to or charged in favour of the plaintiff - not possible to construe the undertaking as appropriating the defendant’s estate in the premises, or as making it answerable for the payment of the relevant indebtedness.
McKenzies (NI) Limited & another v David Graham Structures  NIQB 17 - (with Senior Counsel) - successful dismissal of an application under section 68 of the Arbitration Act 1996 challenging part of an Arbitrator’s award.
Irish Bank Resolution Corporation Ltd (formerly Anglo Irish Bank Corporation Ltd) v Dolan, Jacqueline  NIMaster 12 - successful application for default judgment for £31,659,571 on foot of a joint personal guarantee, to be set aside and obtained leave to defend on the basis of an arguable defence based on undue influence.
Savarese, Luigi v Fraser Houses (NI) Ltd  NICh 2 - concerned the exercise of judicial discretion to grant an interlocutory injunction where essential facts not in dispute - tenant deprived of possession of commercial premises before the date of delivery up ordered by the Master in an earlier Order for Possession - while possession to be returned forthwith with occupation to continue to a certain date, the tenant was nevertheless ordered to pay the landlord a sum by way of part payment towards rent arrears.
Previous professional experience:
In the course of Michael’s thirteen years with Johnsons, litigation conducted by him included: