Michael Stainton

More about Michael Stainton

Michael particularly enjoys cases where defendants deny claims, as it is often at this point that the real issues come into focus, much like a jigsaw, where the picture only becomes clear when each piece is examined closely. It can take just one misunderstood piece for a defendant to deny liability or, in some cases, even suggest impropriety on the part of the claimant.

Defendants often behave in this way in an effort to protect their clients, who are frequently powerful insurance companies or large multinational organisations. It is then that the true jigsaw can be pieced together, allowing the claimant’s case to be properly presented and ultimately succeed.

Even where a defendant concedes liability at an early stage, they may still seek to downplay the impact of their negligence. In these situations, the careful piecing together of the jigsaw of causation once again becomes crucial.

Michael has taken on a new role assisting within the insurance subrogation team, led by Ryan Postlethwaite. The team is vibrant and proactive, with a strong focus on resolving claims that have been denied by defendants or where only derisory settlement offers have been made.

Prior to qualifying as a solicitor, Michael spent around 20 years working in insurance broking and claims. This experience provides him with a comprehensive understanding of the insurance market, ranging from full coverage to third-party fire and theft policies.

Michael believes that one of the greatest disadvantages faced by claimants has been the demise of the original ‘No Win No Fee’ system (CFA.01). Under that regime, defendants were required to assess their prospects properly, as losing a case, which happened with some regularity, carried significant financial penalties.

While the current ‘No Win No Fee’ system (CFA.02) is a welcome replacement, the absence of comparable penalties can lead to a loss of focus on the part of defendants. Nevertheless, Michael is confident that Express continues to hold defendants to account and secure the right outcomes for claimants.

When asked what his love in life is, Michael said,  “His kids, his partner’s dog, oh and his partner!”

Michael is autistic, a perspective that he feels informs the way he approaches complex legal issues. Autistic individuals are often recognised for their ability to identify patterns and analyse detail with particular clarity. On one occasion before the Court, this perspective was questioned by a Judge, leading to a broader discussion around neurodiversity and the role of genetics. The exchange highlighted the increasing recognition that neurodiversity exists across society, including within the legal profession and the judiciary.

Michael loves a pint, sports, travel, religions, and social organisations (his religion is a belief in the reincarnation of Manchester United), reading, science, cultural beauty, and working for a great company such as Express, which truly has its heart in the interests of its clients.