Ian Mill QC

Ian has established his position as a Leading Silk in this field through the clarity of his contractual analysis, and through his performance, in particular as a trial lawyer, in cases involving such diverse subjects as jurisdiction and conflicts of laws, commercial fraud, injunctions/freezing orders, intellectual property and professional negligence.

General Commercial Litigation:

• Grayken v Grayken
  Acted for the Claimant, who sought very substantial damages in the Bermudan Courts from her ex-husband arising out of alleged misrepresentations and non-disclosures in the context of the financial settlement on termination of their marriage. Succeeded on an interim appeal to the Bermudan Court of Appeal in March 2011 in obtaining permission materially to amend the Claimant’s case. Trial was due to take place in 2012. Case has recently settled.
• Rusal & Anor v Corbiere & Anor
  Acting for the Claimants, who seek relief from the Courts of St Kitts & Nevis as part of a multi-jurisdictional dispute in relation to shareholder control over the world’s largest nickel producer. A hearing of the Defendants’ application to strike out the Claimants’ case was heard in those Courts in late September 2011. Ian was unable to appear at this hearing due to the hearing fixed in Masri (see below).
• Masri v Khoury
  Acted for Wael Khoury, who faced an application to commit him to prison for alleged contempt of Court. Part of the long running proceedings brought in the Commercial Court by Mr Masri. Four week hearing fixed before Christopher Clarke J in October 2011. Action settled very shortly beforehand.
• Proactive Sports Management v Rooney [2011] SLR 36, [2010] EWHC 1807 (QB)
  Acted for the Claimant, the former agent of Wayne Rooney, in a claim against Mr Rooney’s company for unpaid commissions. Trial in February in the Mercantile Court in Manchester. The Claimant was successful in its restitutionary claim but failed to recover in contract. The Claimant obtained permission to appeal to the Court of Appeal.
• Chinachem Charitable Foundation v Tony Chan & Ors
  Acted for the First Defendant, the beneficiary under a will made by Nina Wang (reputed to have been the richest woman in Asia). The beneficiaries under an earlier will were claiming to be entitled to the estate, raising issues of fraud (forgery), undue influence, construction and lack of capacity. A three month trial in the Hong Kong High Court concluded in September 2009. An appeal to the Hong Kong Court of Appeal was heard in January 2011.
• Kingdom Hotels & Ors v Mankarious & Ors
  Acting for the Defendants to claims brought by the joint venturers in relation to the purchase and sale of the Monte Carlo Grand Hotel. The claim is to recover commissions paid to the Defendants by the vendors of the hotel, on the basis of alleged breach of fiduciary duty. Trial before Simon J in the Chancery Division in July 2011. Judgment handed down in September 2011.
• Crosstown Music Company v Taylor & Anor
  Acted for the Defendants, songwriters who by counterclaim seek the reversion of their copyrights in a large number of songs from their current music publisher, the Claimant. Songs include famous hits recorded by Cher and Julio Iglesias. Trial before Mann J took place in December 2008. The Defendants were successful on all issues, including issues of contractual construction and of assignment. The Claimant’s appeal to the Court of Appeal in May 2010 was dismissed.
• Sports Network v Calzaghe [2011] SLR 147
  Successfully acted for the Defendant, the reigning World Super Middleweight boxing champion, in a dispute with his former promoter, Frank Warren. Principal issue relates to whether an alleged oral agreement was made for Mr Warren’s company, Sports Network, to have the right to continue to promote Mr Calzaghe’s fights. Judgment in favour of Mr Calzaghe following High Court trial in February 2009. The Plaintiff’s application for permission to appeal to the Court of Appeal was subsequently dismissed. Mr Calzaghe is now pursuing his claim against Mr Warren personally. Trial fixed for February 2011. Mr Calzaghe successfully applied to Jack J in January 2010 for an order preventing Mr Warren from seeking to re-litigate issues which were decided against Sports Network in the previous trial. Mr Warren's appeal against that ruling was dismissed by the Court of Appeal in November 2010.
• Sheffield United FC v West Ham United FC
  Acted for the Claimant in an arbitration under FA Rule K, seeking damages from the Defendant as a result of alleged breaches by the Defendant of its agreement with the Claimant (such agreement being constituted by the FAPL Rules governing their membership of the Premiership). Following a hearing before Lord Griffiths, Sir Anthony Colman and Robert Englehart QC in June 2008, an award was made in favour of Sheffield. Quantum hearing fixed for March 2009. Successfully applied to the Commercial Court (Teare J) in November 2008 for an interim injunction restraining West Ham from seeking to appeal the arbitration award to the Court of Arbitration for Sport in Lausanne. Also successfully opposed (at the same hearing) West Ham’s application to set aside that award under Section 68 of the Arbitration Act 1996. A hearing to assess quantum was due to begin on 16 March 2009, but settled immediately beforehand.
• Re Vodafone McLaren Mercedes
  Acted for McLaren, the Formula 1 team, throughout the 2007 F1 season and into 2008: (1) advising it in relation to a large number of issues including: (a) charges brought against it by the sports governing body, the FIA; (b) the consequences of the receipt of confidential information belonging to another F1 team, Ferrari; (c) its contractual relations with the recipient of that information, its Chief Designer (Mr Michael Coughlan) and with one of its drivers, Fernando Alonso; and (d) issues arising out of incidents at three of this year’s Grands Prix (Monaco, Hungary and Brazil); and (2) acting for it in relation to, and representing it at hearings which took place before the World Motor Sport Council in July and September 2007, before the FIA International Court of Appeal in November 2007 and before the World Motor Sport Council in December 2007.

Commercial fraud:

• Masri v Khoury
  Acting for Wael Khoury, who faces an application to commit him to prison for alleged contempt of Court. Part of the long running proceedings brought in the Commercial Court by Mr Masri. Four week hearing fixed before Christopher Clarke J in October 2011. Action settled very shortly beforehand.
• Rusal & Anor v Corbiere & Anor
  Acting for the Claimants, who seek relief from the Courts of St Kitts & Nevis as part of a multi-jurisdictional dispute in relation to shareholder control over the world’s largest nickel producer. The Claimants allege both lawful and unlawful means conspiracy against the Defendants. A hearing of the Defendants’ application to strike out the Claimants’ case was heard in those Courts in late September 2011. Ian was unable to appear at this hearing due to the hearing fixed in Masri (see above).
• Grayken v Grayken
  Acted for the Claimant, who sought very substantial damages in the Bermudan Courts from her ex-husband arising out of alleged misrepresentations and non-disclosures in the context of the financial settlement on termination of their marriage. Succeeded on an interim appeal to the Bermudan Court of Appeal in March 2011 in obtaining permission materially to amend the Claimant’s case. Trial was due to take place in 2012. Case has recently settled.
• Chinachem Charitable Foundation v Tony Chan & Ors
  Acted for the First Defendant, the beneficiary under a will made by Nina Wang (reputed to have been the richest woman in Asia). The beneficiaries under an earlier will were claiming to be entitled to the estate, raising issues of fraud (forgery), undue influence, construction and lack of capacity. A three month trial in the Hong Kong High Court concluded in September 2009. An appeal to the Hong Kong Court of Appeal on the issue of forgery was heard in January 2011.
• Kingdom Hotels & Ors v Mankarious & Ors
  Acting for the Defendants to claims brought by the joint venturers in relation to the purchase and sale of the Monte Carlo Grand Hotel. The claim is to recover commissions paid to the Defendants by the vendors of the hotel, on the basis of alleged breach of fiduciary duty. Trial before Simon J in the Chancery Division in July 2011. Judgment handed down in September 2011.
• Rayden v Edwardo
  Acted for one of two Claimants in action against Vincent Tchenguiz and one of his companies. Issues included allegations of fraudulent misrepresentation. Settled during a trial in the Commercial Court in December 2009 before Christopher Clarke J.
• Hitchcox & Anor v Handelsman & Ors
  Acted for the Defendants in consolidated actions to recover in respect of alleged stolen business opportunities – including in relation to the very substantial hotel and residential development at St Pancras. Settled shortly before trial.

Jurisdiction/conflicts of laws:

• Fulham FC v FA Premier League & Anor
  Acting for FAPL in defence of an unfair prejudice petition brought by Fulham FC. Successful application to Vos J in November 2010 for an order staying the proceedings under the Arbitration Act. Fulham’s appeal to the Court of Appeal was dismissed in July 2011.
• Masri v Khoury
  Acted for Wael Khoury, who faced an application to commit him to prison for alleged contempt of Court. Part of the long running proceedings brought in the Commercial Court by Mr Masri. Four week hearing fixed before Christopher Clarke J in October 2011. Included issue as to the applicability of Lebanese or English law. Action settled very shortly beforehand.
• El Nasharty & Ors v Sainsbury’s
  Acted for Defendant in successful application for stay under the Arbitration Act. Judgment of Julian Flaux QC 30 September 2003 (reported at [2004] 1 Lloyd’s Rep 309). A fresh application for a stay in relation to newly commenced proceedings succeeded before Tomlinson J in October 2007. Judgment reported at [2008] 1 Lloyd’s Rep 360.
• Lewis v Eliades & Ors
  See under Commercial Fraud and Freezing & Search Orders above. Issue over enforcement of US judgment including element of treble damages under the RICO Act. Defendants’ appeal from decision of Nelson J (reported at [2003] 1 All ER (Comm) 850) dismissed by Court of Appeal on 8 December 2003 (reported at [2004] 1 WLR 692; [2004] 1 All ER 1196). Petition to House of Lords dismissed in April 2004.

Commercial arbitration:

• Duet Real Estate & Anor v ESO Capital
  Instructed by the Respondent to an LCIA arbitration and to satellite proceedings before the Courts of the Cayman Islands (and, possibly, Guadeloupe). The dispute relates to an outstanding loan granted for the purposes of the construction of an hotel and villas on the island of St Barthelemy.
• Leyton Orient v FAPL
  Acting for the Premier League in an FA Rule K arbitration in defence of a claim brought by Leyton Orient arising out of the Premier League’s consent to West Ham moving from Upton Park to the Olympic Stadium.
• Acted successfully for the Premier League in defence of a claim brought by way of an FAPL Rule S arbitration by a former Premiership football club manager alleging that he was a “Football Creditor” under the Premier League Rules.
• Fulham FC v FA Premier League & Anor
  Acting for FAPL in defence of an unfair prejudice petition brought by Fulham FC. Successful application to Vos J in November 2010 for an order staying the proceedings under the Arbitration Act. Fulham’s appeal to the Court of Appeal was dismissed in July 2011.
• Sheffield United FC v West Ham United FC (2007- 2009)
  Acted for the Claimant in an arbitration under FA Rule K, seeking damages from the Defendant as a result of alleged breaches by the Defendant of its agreement with the Claimant (such agreement being constituted by the FAPL Rules governing their membership of the Premiership). Following a hearing before Lord Griffiths, Sir Anthony Colman and Robert Englehart QC in June 2008, an award was made in favour of Sheffield. Successfully applied to the Commercial Court (Teare J) in November 2008 for an interim injunction restraining West Ham from seeking to appeal the arbitration award to the Court of Arbitration for Sport in Lausanne. Also successfully opposed (at the same hearing) West Ham’s application to set aside that award under Section 68 of the Arbitration Act 1996. Sheffield’s application for a final injunction and the quantum hearing were due to be heard in March 2009. Action settled very shortly beforehand.
• Neo Sports Broadcast v Star India
  Acted for Neo in a very large SIAC arbitration relating to the termination of a contract for broadcasting rights in respect of cricket in the sub-continent. Hearing (before a tribunal including Jan Paulsson as Chair) was fixed for October 2008. Settled shortly beforehand.
• El Nasharty v J Sainsbury plc
  Acted for the Defendant in a successful application for a stay of Commercial Court proceedings pursuant to Section 9 of the Arbitration Act 1996. ICC arbitration clause. Important case on the inter-relationship between that Section and Article 6 of the ECHR. Hearing before Tomlinson J in October 2007. Judgment reported at [2008] 1 Lloyd’s Rep 360. Previously acted for the Defendant in another ICC arbitration against the same Claimant which was discontinued just before its hearing in December 2006. That arbitration had followed Commercial Court proceedings which had resulted in another stay application (reported at [2004] 1 Lloyd’s Rep 309). Disputes related to the sale by the Defendant of its shares in a large Egyptian grocery business.
• Sheffield United FC v FA Premier League (Premier League arbitration, 2007)
  Acted for the Claimant in an arbitration under FAPL Rule S and subsequently in an application to the Commercial Court for permission to appeal. Claim related to the failure of an FAPL Disciplinary Panel to deduct points from West Ham for its admitted breaches of FAPL Rules (which resulted in the Claimant, as opposed to West Ham being relegated from the Premiership). Important case which established the possibility of a third party challenging a decision of a sports body to which it was not a party.
• Ian also announced (at the 2010 AGM of Phonographic Performance Limited) the establishment of the PPL Dispute Resolution Procedures, an arbitration and mediation service designed to achieve rapid and cost effective resolutions to music industry disputes. Ian drafted the arbitration rules and is the Chairman of the panel of arbitrators.

Professional negligence:

• Bertram & Ors v Baker Tilly & Anor
  Acted for the Second Defendant, a senior tax barrister, in a professional negligence action by a large number of high net worth individuals (including Guy Hands) in relation to advice given in the context of a film related tax scheme. This was the largest claim ever faced by a member of the Bar. Trial took place in June and July 2008 before Briggs J. Settled shortly prior to judgment.
• Williams FI and McLaren Racing v Linklaters and Baker & McKenzie
  Acted for Claimants in substantial claim against solicitors for negligent drafting of a commercial contract. Settled shortly before trial, which was due to commence in the Chancery Division in January 2006.
• Summit Financial Group Limited v Slaughter & May
  Acted for Summit in successful claim for solicitors’ negligence. Judgment of Rimer J (Times, 2 April 1999). Defendant’s appeal subsequently abandoned.

Reported Cases: 

• ISTIL Group Inc & Anor v Zahoor & Anor [2003] 2 All ER 252
• Lewis v Eliades & Ors [2003] 1 All ER (Comm) 850 (Nelson J)
• Lewis v Eliades [2004] 1 WLR 692; [2004] 1 All ER 1196 (CA)
• El Nasharty & Ors v Sainsbury’s [2004] 1 Lloyd’s Rep 309
• Vertex Data Science Ltd v Powergen Retail Ltd [2006] 2 Lloyd’s Rep 591
• El Nasharty v J. Sainsbury Plc [2008] 1 Lloyds Rep 360

Ian is the standalone top rated silk in this area of practice in the latest editions of Chambers UK and The Legal 500.  He has appeared in many of the major recent cases in this field (involving both contract and intellectual property issues), and has acted for a large number of high profile clients.  These have included:

Performers: George Michael, U2, Michael Jackson, Spice Girls, Queen, Oasis, Snow Patrol Sugababes, Duran Duran, UB40, Craig David, Jay Sean, Muse, Radiohead, Placebo, Leftfield, Joss Stone, Busted, David Gray, Damon Albarn (Blur/Gorillaz), Eric Clapton, Steve Winwood, Pete Townshend and The Who, The Cure, Def Leppard, The Pet Shop Boys, Enya, Vangelis, Elton John, Take That, Van Morrison, Stone Roses, Sade, Richard Ashcroft (The Verve), Gary Kemp (Spandau Ballet), Stephen Morrisey (The Smiths), Justin Hayward (Moody Blues), Tom Jones, William Orbit, Andrew Lloyd Webber, Katharine Jenkins, Luciano Pavarotti, Jose Carreras, Placido Domingo, Lesley Garrett, Vanessa Mae, Christopher Hogwood, Michael Caine, Roger Moore, Sylvester Stallone, Noel Edmonds, Barry Humphries, Michael Barrymore.

Major and Independent Record Companies and Music Publishers: EMI Group including Virgin, Chrysalis and EMI Music Publishing, Universal Music Group including Polydor, Mercury, Decca and Island, Sony Music Group (including Sony ATV), BMG UK (including subsidiaries such as Ronagold) and BMG Music, Warner Music, Warner Chappell, V2, Creation Records, Fiction Records, Telstar Records, Ministry of Sound, the Sanctuary Group, Music Sales.

Collecting Societies and Trade Bodies: Phonographic Performance Limited (PPL), Video Performance Limited (VPL), the British Phonographic Industry (BPI), the Music Publishers Association (MPA), Alliance of Motion Picture and Television Producers (AMPTP).

Film and Theatre Companies, TV and Radio Broadcasters, Directors and Producers: Warner Brothers, Universal, Polygram Film International, Majestic Films, Miramax, New Line, Disney, Film Four, Really Useful Group, BBC, ITV, BSkyB, UKTV, Setanta, RTE, TV3, Granada, Planet 24, S4C, Mersey TV, Channel One, The Discovery Channel, Association of Independent Radio Contractors, Talk Radio, Celador, Hal Prince.

Book and Newspaper Publishers: HarperCollins, William Heinemann, Transworld, Chatto & Windus, Granta, Penguin, Bloomsbury, IPC, Harper Collins, McLelland and Stewart, Balberry, Little Brown, National Press Association.

Ian recently announced (at the PPL 2010 AGM) the establishment of the PPL Dispute Resolution Procedures, an arbitration and mediation service designed to achieve rapid and cost effective resolutions to music industry disputes. Ian drafted the arbitration rules and is the Chairman of the panel of arbitrators.

In addition to the work referred to below, Ian gives a great deal of advice to media rights owners, and their representative bodies, on an ongoing basis in relation to their attempts to combat infringing activities conducted through the use of the internet.

• ITV v PRS/MCPS
  Acting for the Claimants in their reference to the Copyright Tribunal to have fixed the licence terms on which the ITV companies should be entitled to broadcast on their channels copyright musical and lyrical works. Hearing due to commence in February 2012.
• Remus v BBC & Ors
  Acting for the Claimant in a dispute over a television production of John Braine’s novel, “Room at the Top”. Proceedings about to be commenced.
• Crosstown Music Company v Taylor & Anor
  Acted for the Defendants, songwriters who by counterclaim seek the reversion of their copyright ts in a large number of songs from their current music publisher, the Claimant. Songs include famous hits recorded by Cher and Julio Iglesias. Trial before Mann J took place in December 2008. The Defendants were successful on all issues. The Claimant’s appeal to the Court of Appeal in May 2010 was dismissed.
• Molko & Ors v Hewitt
  Acting for the Claimants in relation to a dispute over the value of the name in the group Placebo. Trial fixed for March 2012.
• VPL v CSC
  Brought in by VPL to act in its appeal against a Copyright Tribunal decision. Successfully appealed to Floyd J in June 2010, who remitted the case to a freshly constituted tribunal. Permission granted for a second tier appeal. That appeal was subsequently allowed in June 2011.
• PPL v BHA
  Brought in by PPL to act in its appeal against a Copyright Tribunal decision. Hearing before Arnold J in January 2010. Appeal dismissed.
• Winwood v Blackwell
  Acted for Steve Winwood in his claim against Chris Blackwell, the founder of Island Records, for a share of the proceeds of the sale of that company. Action settled shortly before a trial due to commence in May 2010.
• Buchanan v Range & Anor
  Acted for two members of Sugababes, the Defendants to a partnership action brought by the leaving member of that group, Keisha Buchanan.  Action settled.
• McLelland v Lightbody & Ors
  Acted for the Defendants, the remaining members of the pop group, Snow Patrol, in a claim involving partnership issues brought by a former member of that group. Raised an important and undecided issue of partnership law, namely how to value for dissolution purposes the goodwill in the name in a pop group. Action settled very shortly before the commencement of the trial in January 2009.
• Taylor v Le Bon & Ors
  Acted for the Defendants, the remaining members of the pop group, Duran Duran, against a former member of the group. Partnership issues arose, including the same important issue raised in McClelland v Lightbody & Ors (see above). Setteld prior to trial fixed for hearing in March 2010.
• McPhail & Anor v Bourne & Ors
  Acted for group member Defendants to claim brought by former members of the pop group, Busted, against the remaining members of that group and their management. Issues of partnership and copyright ownership. Trial took place in February and March 2008 before Morgan J. The Defendants were successful on all issues raised by the proceedings.
• BBC re Jonathan Ross and Russell Brand
  Advised the BBC as to its rights and liabilities arising out of the conduct of Jonathan Ross and Russell Brand during a broadcast of an edition of the latter’s radio show.

Partnership

Ian is and has been in the recent past involved in a series of cases revolving around the break-up of partnerships in the music industry. Typically, these disputes have focused on the issue of the value to be attributed to the name under which the partnership has traded.

• Molko & Ors v Hewitt
  Acting for the Claimants in relation to a dispute over the value of the name in the group Placebo.
• Buchanan v Range & Anor
  Acted for two members of Sugababes, the Defendants to a partnership action brought by the leaving member of that group, Keisha Buchanan. Action settled.
• McLelland v Lightbody & Ors
  Acted for the Defendants, the remaining members of the pop group, Snow Patrol, in a claim involving partnership issues brought by a former member of that group. Raised an important and undecided issue of partnership law, namely how to value for dissolution purposes the goodwill in the name in a pop group. Action settled very shortly before the commencement of the trial in January 2009.
• Taylor v Le Bon & Ors
  Acted for the Defendants, the remaining members of the pop group, Duran Duran, against a former member of the group. Partnership issues arose, including the same important issue raised in McClelland v Lightbody & Ors (see above). Settled prior to trial fixed for hearing in March 2010.
• Ian is also advising a number of other music industry clients on similar issues, in circumstances where proceedings have not yet been commenced.

• Wadlow v Samuel
  Acted for the Claimant, the former manager of the artist, Seal in a claim against his former client to recover unpaid management commission. Succeeded at trial before Gray J in June 2006. The Defendant’s appeal was dismissed by the Court of Appeal in February 2007.
• Taylor v Rive Droite Music Limited
  Acted for the Claimant (a well-known songwriter and record producer) against his former publisher and employer. Very many issues of contract (and copyright) law arising from the Claimant’s departure to work with a rival organisation. Trial before Lewison J in July 2004 was followed by a hearing in the Court of Appeal in May 2005. Following the Court of Appeal judgment in November 2005 ([2006] EMLR 4), the Claimant was successful on all 12 principal issues between the parties. The Defendant’s petition to appeal to appeal to the House of Lords was dismissed in April 2006. Further contractual issues were determined in the Claimant’s favour by David Richards J in July 2006. A further trial, originally scheduled to commence in the Chancery Division in December 2007, was stayed in consequence of the administration of the Defendant.
• Spice Girls Ltd v Aprilia World Service BV
  Acted for Spice Girls Limited in trial before Arden J which commenced in March 2000 (judgments reported at [2000] EMLR 478 and at [2001] EMLR 174) and in appeal to Court of Appeal in November 2001.  Dispute with tour sponsor.  Action concerned alleged misrepresentation by conduct. Decision of Court of Appeal 24 January 2002.
• Jonathan Shalit v Charlotte Church & Ors
  Acted for ex manager of child performer.  Would have been leading case on enforceability of child contracts.  Trial before Evans-Lombe J in November 2000. Settled before judgment.
• Hadley & Ors v Kemp & Anor
  Acted for the Defendants (the “Spandau Ballet” songwriter, Gary Kemp, and his music publisher) in trial before Park J in January/February 1999 (judgment reported at [1999] EMLR 589).  Dispute with other former group members over copyright ownership and income entitlement in respect of his compositions.
• Panayiotou & Ors v Sony Music Entertainment
  Acted for the Claimant (George Michael) in his attempt to extricate himself from his recording agreement. Reported at [1994] EMLR 229.

Ian is rated as a leading practitioner in the field of intellectual property in the latest editions of both Chambers UK 2011 and The Legal 500. His work in this field is largely but not exclusively limited to soft IP (copyright, passing off, confidential information). However, he has also become increasingly involved in recent years in patent licensing disputes.

• ITV v PRS/MCPS
  Acting for the Claimants in their reference to the Copyright Tribunal to have fixed the licence terms on which the ITV companies should be entitled to broadcast on their channels copyright musical and lyrical works. Hearing due to commence in February 2012.
• Remus v BBC & Ors
  Acting for the Claimant in a copyright dispute over a television production of John Braine’s novel, “Room at the Top”. Proceedings about to be commenced.
• Hudson Bay v Umbro
  Brought in by Hudson Bay to appeal to the Court of Appeal against a decision in its claims against Umbro arising out of its trademark licence with that company. Hearing in July 2010. The appeal was dismissed.
• VPL v CSC
  Brought in by VPL to act in its appeal against a Copyright Tribunal decision. Successfully appealed to Floyd J in June 2010, who remitted the case to a freshly constituted tribunal. Permission for a second tier appeal granted.
• PPL v BHA
  Brought in by PPL to act in its appeal against a Copyright Tribunal decision. Hearing before Arnold J in January 2010.
• Crosstown Music Company v Taylor & Anor
  Acting for the Defendants, songwriters who by counterclaim seek the reversion of their copyrights in a large number of songs from their current music publisher, the Claimant. Songs include famous hits recorded by Cher and Julio Iglesias. Trial before Mann J took place in December 2008. The Defendants were successful on all issues. The Claimant’s appeal to the Court of Appeal in May 2010 was dismissed.
• Philips Electronics & Ors v Alba & Anor
  Acting for Claimants and Third Party in proceedings alleging patent infringements relating to television broadcast equipment. Date for trial of initial issues fixed for January 2010. Settled beforehand.
• McPhail & Anor v Bourne & Ors
  Acted for group member Defendants to claim brought by former members of the pop group, Busted, against the remaining members of that group and their management. Issues of partnership and copyright ownership. Trial took place in February and March 2008 before Morgan J. The Defendants were successful on all issues raised by the proceedings.
• Ian is also giving ongoing advice to (a) both the BPI and the IFPI on a number of issues relating to internet piracy and the protection of the interests and the intellectual property rights of record companies, and (b) to PPL in relation to the licensing of its intellectual property rights.

• BPI & Ors v Music Alliance
  Acted for the Claimants in the “online” Copyright Tribunal reference, which had great significance for all those involved in the music industry. The reference settled as between the Claimant and the Respondents immediately prior to the commencement of the hearing in September 2006. It continued thereafter as between other parties. The reference determined the licence terms upon which the record industry and other suppliers of recorded music online will be entitled to obtain from the owners of copyright in musical works the rights to have their works downloaded and communicated to the public. Reported at [2008] EMLR 5.
• Novello & Co Ltd v Keith Prowse Music Publishing Co Ltd
  Acted for Defendant in Part 8 claim which resolved long outstanding issue as to scope of the application of the Section 5(2) proviso in the Copyright Act 1911. Hearing before Patten J in March 2004. Judgment in Defendant’s favour on 7 April 2004 (reported at [2004] EMLR 296). Appeal to Court of Appeal dismissed on 14 December 2004 (reported at [2005] EMLR 477). 

Media & Entertainment and Intellectual Property reported cases

• Pete Waterman Ltd v CBS United Kingdom Ltd [1993] EMLR 27
• Silvertone Ltd v Mountfield & Ors [1993] EMLR 152
• Millar & Ors v Bassey & Anor. [1994] EMLR 44
• Tolhurst v Smith [1994] EMLR 508
• Stansfield v Sovereign Music Ltd [1994] EMLR 224
• Panayiotou & Ors v Sony Music Entertainment (UK) Ltd [1994] EMLR 229
• Mother Bertha v Bourne Music [1997] EMLR 457
• Hadley & Ors v Kemp & Anor [1999] EMLR 589
• Spice Girls Ltd v Aprilia [2000] EMLR 478
• Spice Girls Ltd v Aprilia World Service BV (No.2) [2001] EMLR 174
• Novello and Co Ltd v Keith Prowse Music Publishing Co Ltd [2004] EMLR 296
• Novello and Co Ltd v Keith Prowse Music Publishing Co Ltd [2005] EMLR 477 (CA)
• Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300; [2006] EMLR 4 (CA)
• BPI & Ors v Music Alliance [2008] EMLR

Ian is rated as a leading silk for sports disputes by both Chambers UK and The Legal 500.  He has specialist knowledge of a wide range of sporting issues, having acted for many individuals, teams, organisers, managers, governing bodies and sports broadcasters.

He has particular knowledge in the fields of:  Athletics, Rugby, Golf, Football, Cricket, Boxing, Motor Sport and Horse Racing.

His clients have included: The International Rugby Board (IRB), The Rugby Football Union (RFU), Joel Stransky, Kevin Yates; The FA Premier League (FAPL), The Football Association (FA), Queen’s Park Rangers FC, Chelsea F.C, Newcastle F.C., Everton F.C., West Ham United FC, Portsmouth FC, Sheffield United FC, Burnley FC, Heart of Midlothian FC, David Beckham, Patrick Viera, Steve McManaman, Dennis Roach; Joe Calzaghe, Lennox Lewis, Frank Bruno, Mike Tyson, Terry Lawless, Mickey Duff; Formula One McLaren (and Daimler Chrysler), Formula One Williams (and BMW), Lotus Renault,  Honda F1, Renault, Toyota, Spyker F1, Grands Prix Manufacturers Association (GPMA), Heinz Harald Frentzen, Jenson Button’s management; The International Cricket Council (ICC), the England and Wales Cricket Board (ECB); The Racecourse Association (RCA); Tim Henman; The Professional Golfers’ Association, Peter Alliss; BBC and Talksport.

As well as acting for parties, Ian has established himself as an experienced decision-maker in sporting disputes. In particular, UK Athletics appointed him to sit as Chairman of its Disciplinary Committee to hear the so-called “nandrolone” doping cases involving 6 athletics (including Linford Christie, Dougie Walker and Mark Richardson), and the FA has appointed him to chair a number of appeals from FA Disciplinary Commissions (including the unsuccessful appeal by Rio Ferdinand against his suspension from football of 8 months). In addition he has been appointed an FA Premier League Panel Member, a Chairman of the Sports Dispute Resolution Panel of Arbitrators, Chairman of an International Cricket Council Tribunal and of an ECB Child Protection Appeal Panel, Chairman of several International Tennis Federation Anti-Doping Tribunals (including the recent Tribunal which heard the case against the US tennis player, Robert Kendrick), a Football Association Arbitrator and an Appeal Steward of the British Boxing Board of Control. He was appointed by the World Professional Billiards & Snooker Association to hear, in September 2010 its disciplinary proceedings against the snooker player, John Higgins.  Ian has been appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service.

He is also a consulting editor of the International Sports Law Review and the co-author of the Arbitration chapter in Sports Law (Lewis & Taylor, 2nd Edition).

• ITF v Kendrick
  Appointed by the ITF to chair the disciplinary proceedings against the US tennis player, Richard Kendrick following the doping offence committed by him.
• Leyton Orient v FAPL
  Acting for the Premier League in defence of a claim brought by Leyton Orient arising out of the Premier League’s consent to West Ham moving from Upton Park to the Olympic Stadium.
• FA v QPR
  Acting for QPR in defence of seven charges brought against it alleging breaches of (in particular) the Third Party Investment in Players Regulations. QPR successfully resisted five of the seven charges, and the threat of a points deduction was avoided, thus enabling the club to be promoted to the Premier League as winners of the Championship.
• WPBSA v Higgins
  Appointed by Sports Resolutions on behalf of the WPBSA to hear, in September 2010, the disciplinary proceedings against John Higgins and his former manager alleging their agreement to participating in match fixing.
• Fulham FC v FA Premier League & Anor
  Acting for FAPL in defence of an unfair prejudice petition brought by Fulham FC. Successful application to Vos J in November 2010 for an order staying the proceedings under the Arbitration Act. Fulham’s appeal to the Court of Appeal was dismissed in July 2011.
• Proactive Sports Management v Rooney [2011] SLR 36, [2010] EWHC 1807 (QB)
  Acting for the Claimant, the former agent of Wayne Rooney, in a claim against Mr Rooney’s company for unpaid commissions. Trial in February in the Mercantile Court in Manchester. The Claimant was successful in its restitutionary claim but failed to recover in contract. The Claimant was granted permission appeal to the Court of Appeal.
• Seymour Pierce v Grandtop
  Brought in by the Defendant (the owner of Birmingham City FC) to act in its appeal against a summary judgment ruling requiring it to pay commission (related to the acquisition of the club) to the Claimant. Settled immediately before hearing of the appeal on 1 December 2010.
• Sports Network v Calzaghe [2011] SLR 147
  Successfully acted for the Defendant, the reigning World Super Middleweight boxing champion, in a dispute with his former promoter, Frank Warren. Principal issue relates to whether an alleged oral agreement was made for Mr Warren’s company, Sports Network, to have the right to continue to promote Mr Calzaghe’s fights. Judgment in favour of Mr Calzaghe following High Court trial in February 2009. The Plaintiff’s application for permission to appeal to the Court of Appeal was subsequently dismissed. Mr Calzaghe is now pursuing his claim against Mr Warren personally. Trial fixed for February 2011. Mr Calzaghe successfully applied to Jack J in January 2010 for an order preventing Mr Warren from seeking to re-litigate issues which were decided against Sports Network in the previous trial. Mr Warren's appeal against that ruling was dismissed by the Court of Appeal in November 2010.
• Sheffield United FC v West Ham United FC
  Acted for the Claimant in an arbitration under FA Rule K, seeking damages from the Defendant as a result of alleged breaches by the Defendant of its agreement with the Claimant (such agreement being constituted by the FAPL Rules governing their membership of the Premiership). Following a hearing before Lord Griffiths, Sir Anthony Colman and Robert Englehart QC in June 2008, an award was made in favour of Sheffield. Quantum hearing fixed for March 2009. Successfully applied to the Commercial Court (Teare J) in November 2008 for an interim injunction restraining West Ham from seeking to appeal the arbitration award to the Court of Arbitration for Sport in Lausanne. Also successfully opposed (at the same hearing) West Ham’s application to set aside that award under Section 68 of the Arbitration Act 1996. A hearing to assess quantum was due to begin on 16 March 2009, but settled immediately beforehand.
• Ian has also been advising the RFU on issues arising out of disciplinary proceedings.

• Re Vodafone McLaren Mercedes
  Acted for McLaren, the Formula 1 team, throughout the 2007 F1 season and into 2008: (1) advising it in relation to a large number of issues including: (a) charges brought against it by the sports governing body, the FIA; (b) the consequences of the receipt of confidential information belonging to another F1 team, Ferrari; (c) its contractual relations with the recipient of that information, its Chief Designer (Mr Michael Coughlan) and with one of its drivers, Fernando Alonso; and (d) issues arising out of incidents at three of this year’s Grands Prix (Monaco, Hungary and Brazil); and (2) acting for it in relation to, and representing it at hearings which took place before the World Motor Sport Council in July and September 2007, before the FIA International Court of Appeal in November 2007 and before the World Motor Sport Council in December 2007.
• Chambers v BOA
  Advised the BOA on its defence to the claim by Dwain Chambers for injunctive relief arising out of the BOA’s decision that he was ineligible for inclusion in the 2008 Olympic squad. Unavailable to conduct hearing (which was instead conducted by Lord Pannick QC).
• Sheffield United FC v FA Premier League (2007)
  Acted for the Claimant in an arbitration under FAPL Rule S and subsequently in an application to the Commercial Court for permission to appeal. Claim related to the failure of an FAPL Disciplinary Panel to deduct points from West Ham for its admitted breaches of FAPL Rules (which resulted in the Claimant, as opposed to West Ham being relegated from the Premiership). Important case which established the possibility of a third party challenging a decision of a sports body to which it was not a party.
• Re Christine Ohuruogu (2006-2007)
  Acted for the winner of the 2007 World Athletics Championship at 400m in her appeal to the Court of Arbitration for Sport against a two year ban imposed upon her by a UK Athletics Disciplinary Tribunal in September 2006. Hearing took place in January 2007. Also acted for her in her appeal against a lifetime ban by the British Olympic Association in November 2007.
• Chelsea FC v Adrian Mutu
  Acted for the Claimant against its former player, whom it dismissed for taking cocaine. The Claimant was bringing an unprecedented claim to recover from the player compensation for the loss of his transfer value. Succeeded before the Football Association Premier League Appeals Committee following a hearing in March 2005. The player’s appeal to the Court of Arbitration in Sport in October 2005 was dismissed. 
• Williams F1 and McLaren Racing v Linklaters and Baker & McKenzie
  See under Professional Negligence above.
• Re The Indianapolis Grand Prix
  Acted on behalf of 6 F1 teams at a hearing before the FIA’s World Motor Sport Council in Paris in July 2005, following the failure of those teams to participate in the 2005 US GP due to unsafe tyres.

Reported cases:

• Stransky v Bristol Rugby Limited [2003] ISLR 27
• Sheffield United v FAPL [2007] ISLR 77
• Mutu v Chelsea FC [2007] ISLR 32
• WCM v FIM [2003] ISLR 91

Ian is instructed in a range of employment work, including substantial whistleblowing and wrongful dismissal claims.

• Ministry of Sound v Cook
  Acted for the claimant employer in damages claim against its former senior employee. Trial fixed for December 2010. Recently settled.
• Chelsea FC v Adrian Mutu
  Acted for the Claimant against its former player, whom it dismissed for taking cocaine. The Claimant is bringing an unprecedented claim to recover from the player compensation for the loss of his transfer value. Succeeded before the Football Association Premier League Appeals Committee following a hearing in March 2005. The player’s appeal to the Court of Arbitration in Sport in October 2005 was dismissed.  
• Findlay v Cantor Index & Ors
  Acted for the Claimant in very substantial whistleblowing and wrongful dismissal proceedings both before the High Court and the Central London Employment Tribunal. High Court proceedings settled in advance of the trial, fixed for July 2007. Employment Tribunal hearing settled before hearing in January 2008).
• Lavelle v McAlpine
  Advising and acting for prospective Defendant to High Court and Employment Tribunal for wrongful / unfair dismissal proceedings.
• Cook v Citadel
  Advising prospective Defendant to High Court proceedings threatened by a former employee claiming sums due under agreements ancillary to his employment agreement.
• Frontier Estates v Howarth & Ors
  Acted for Claimant in action to recover in respect of a substantial alleged lost business opportunity in relation to a very large property development in Birmingham claimed from a former director and the developers of the site. Search Order obtained from David Richards J in March 2007. Trial fixed for July 2008. Settled following mediation.
• McCarthy & Stone (Developments) v Nguyen & Ors
  Acted for the Claimant in action to recover in respect of alleged stolen documents, confidential information and business opportunities against former employees and their new employers. Settled prior to trial being fixed.

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