Alan Maclean KC

Alan appeared for the successful appellant in the Court of Appeal in a case between two major pharmaceutical companies concerning the ability of his clients to sell a generic pharmaceutical product in Portugal. Alan’s clients sought summary judgment on a claim for a declaration from the English Court as to the illegality of arbitration proceedings begun by the defendants in Portugal concerning the claimants’ ability to market a valuable pharmaceutical product. The case raised issues of contractual construction, and in particular the BCCI v Ali line of cases on construing settlement agreements. 

Alan recently led the team for the Defendants in a very high value LCIA arbitration concerning a major Eastern European energy infrastructure business. The $300M claim involved issues of Ukrainian and Cypriot company law.

Alan appeared for the Respondent in the Court of Appeal successfully resisting an appeal pursuant to section 67 of the Arbitration Act 1996 under which sums in excess of US$72 million were awarded in respect of a dispute arising out of a Russian real estate project. The case raised important issues as to sections 67 and 70 of the Arbitration Act, and also questions of construction and consideration of cases such as Trust Risk Group SpA v AmTrust Europe Ltd  [2015] 2 Lloyd’s Rep. 154; Fiona Trust & Holding Corporation v Primalov [2008] 1 Lloyd's Rep 254 and Monde Petroleum SA v Westernzagros Ltd  [2015] 1 Lloyd’s Rep 330.

In addition, the Court rejected the appellant’s attempt to introduce in the Court of Appeal a new ground of challenge not pleaded in the arbitration claim form and in respect of which permission to appeal had not been granted by the judge below. In doing, the Court of Appeal gave important guidance reiterating the primary role of the trial judge in relation to arbitration claims.

Alan acted for a major French engineering company in a claim to the Commercial Court under s. 68 Arbitration Act 1996 challenging an arbitral Award concerned with LPG carrier vessels on the ground that the Award had been obtained by fraud.

Alan acted for the successful respondent in a Commercial Court challenge to an arbitration award, pursuant to section 67 of the Arbitration Act 1996, brought on the basis that the arbitral tribunal lacked jurisdiction to determine the claim.  

Alan acted in a successful application to the Commercial Court to strike out a challenge to an arbitral Award.  Teare J’s reported decision deals with the interplay between sections 57 and 70 of the Arbitration Act 1996.

Alan acted for the defendant before Eder J, who dealt with issues concerning enforcement of an arbitration Award, including whether the court has power to order the provision of security on an application under s 66 of the Arbitration Act 1996.

Alan led for the Defendants in two successive hard fought LCIA arbitrations concerned with alleged breaches of a shareholders agreement and unfair prejudice in relation to the BVI holding company of a major international drinks business.

Alan has been advising the Cornerstone Telecommunications Infrastructure Ltd (a joint venture between Vodafone and O2) in respect of disputes it has with Arqiva arising out of major contracts for site equipment necessary for the mobile networks of Vodafone and O2.  

In late 2016 Alan acted for an electricity generation company in an appeal concerning its participation in the Electricity Capacity Market auction competition.

Alan is currently acting for Ofgem in a judicial review challenge brought by British Gas against the controversial new tariff price cap for default rate gas and electricity consumers.  

Alan led for the Defendants in two successive hard fought LCIA arbitrations concerned with alleged breaches of a shareholders agreement and unfair prejudice in relation to the BVI holding company of a major international drinks business.

Alan acted for the Claimant airline in a dispute with its much bigger commercial rival, Lufthansa, in a claim which involved allegations of breach of Art 102 TFEU in the context of the termination of the leases of Airbus aircraft.

Alan recently appeared in the Commercial Court in a case raising interesting jurisdiction issues under Article 7 of the Recast Brussels Regulation. The question was whether an individual resident in London could sue a Swedish defendant in England for a declaration that no binding contract had been made in Sweden in relation to a shareholding in a BVI company.

In late 2017 Alan was heavily involved in acting for the Civil Aviation Authority in relation to the collapse of Monarch Airlines.  Alan acted for the CAA in proceedings to revoke Monarch’s Operating Licence.

Alan acted for the Applicant in successfully obtaining a Bankers Trust v Shapira order against Christie's auction house, and others, in respect of valuable chattels allegedly misappropriated in Greece and brought to England. 

Alan was leading Counsel for the Ineos Group, a global energy and chemicals business, in a high profile and landmark ‘fracking’ case in the Chancery Division. Alan successfully secured wide ranging injunctive relief to protect Ineos’s shale gas exploration interests. The legal issues ranged across the law of trespass, nuisance, harassment, crime and human rights.   Morgan J’s judgment examined in detail the interaction between these areas of law and the freedoms protected by Articles 10 and 11 of the European Convention. An appeal is due to be heard in the Court of Appeal in March 2019.

Alan was leading Counsel for the mobile network ‘Three’ in a Commercial Court action against its rival EE, arising out of a Network Integration Agreement concerning deployment of mobile data coverage and capacity by EE to Three on sites that were formerly part of the Orange mobile network. 

Alan appeared for the successful appellant in the Court of Appeal in a case between two major pharmaceutical companies concerning the ability of his clients to sell a generic pharmaceutical product in Portugal. Alan’s clients sought summary judgment on a claim for a declaration from the English Court as to the illegality of arbitration proceedings begun by the defendants in Portugal concerning the claimants’ ability to market a valuable pharmaceutical product. The case raised issues of contractual construction, and in particular the BCCI v Ali line of cases on construing settlement agreements. 

In 2017, Alan appeared in the Court of Appeal on an appeal where the issue was whether in the course of negotiations a legally binding and enforceable contract was concluded for the sale of a package of rights and other debt interests for €250m.

Alan led the team for the successful claimant, Agents' Mutual Ltd, in a hard fought trial in the CAT of a case with important ramifications for the increasingly valuable online property portal market.  A key issue in the case was an allegation that Agents' Mutual's "One other Portal" rule (which prevents its estate agent members listing properties on both Zoopla and Rightmove) breached the Chapter I prohibitionof the Competition Act 1998.  The CAT accepted Alan's submission that it did not. The case also involved hotly contested allegations of "collective boycott" and extensive expert economic evidence.  The case has just been to the Court of Appeal on 'by object' points; judgment awaited.

Alan appeared for the Respondent in the Court of Appeal successfully resisting an appeal pursuant to section 67 of the Arbitration Act 1996 under which sums in excess of US$72 million were awarded in respect of a dispute arising out of a Russian real estate project. The case raised important issues as to sections 67 and 70 of the Arbitration Act, and also questions of construction and consideration of cases such as Trust Risk Group SpA v AmTrust Europe Ltd  [2015] 2 Lloyd’s Rep. 154; Fiona Trust & Holding Corporation v Primalov [2008] 1 Lloyd's Rep 254 and Monde Petroleum SA v Westernzagros Ltd  [2015] 1 Lloyd’s Rep 330.

In addition, the Court rejected the appellant’s attempt to introduce in the Court of Appeal a new ground of challenge not pleaded in the arbitration claim form and in respect of which permission to appeal had not been granted by the judge below. In doing, the Court of Appeal gave important guidance reiterating the primary role of the trial judge in relation to arbitration claims.

Alan acted for the defendant before Eder J, who dealt with issues concerning enforcement of an arbitration Award, including whether the court has power to order the provision of security on an application under s 66 of the Arbitration Act 1996.

Alan acted for the successful claimant in this Commercial Court fraud trial concerning foreign exchange trading. The case involved sustained cross-examination of the defendant, whom the Judge found liable in the tort of deceit.

Alan acted in a successful application to the Commercial Court to strike out a challenge to an arbitral Award.  Teare J’s reported decision deals with the interplay between sections 57 and 70 of the Arbitration Act 1996.

Alan acted for Barclays Capital in Commercial Court litigation concerning an alleged Event of Default under a Global Master Repurchase Agreement.

Alan acted for an international money remittance company in a claim against Barclays Bank. The proceedings included obtaining an interlocutory injunction in the Chancery Division on the basis of alleged breach of a dominant position by the bank, contrary to the Competition Act 1998.  

Alan acted for a major French engineering company in a claim to the Commercial Court under s. 68 Arbitration Act 1996 challenging an arbitral Award concerned with LPG carrier vessels on the ground that the Award had been obtained by fraud.

Alan led for the appellants in this Supreme Court case involving issues of secondary liability for fraud, raising important legal questions as to attribution of knowledge and illegality. The case involved thorough reconsideration by a 7-man Supreme Court of the difficult House of Lords decision in Stone & Rolls v Moore Stephens [2009] 1 AC 1391.

Alan acted for the successful respondent in a Commercial Court challenge to an arbitration award, pursuant to section 67 of the Arbitration Act 1996, brought on the basis that the arbitral tribunal lacked jurisdiction to determine the claim.  

Alan recently advised on the application of the international sanctions and asset-freezing regime applied to Libya in the context of a major Commercial Court fraud case brought by the Libyan Investment Authority seeking proprietary relief arising from claims that investment agreements made under the Gadhafi regime were void, voidable and/or unenforceable. 

Alan appeared in the Court of Appeal in a case raising important issues arising out of the Libyan Asset Freezing Regulations, including whether payment of a debt would contravene EU Regulation 204/2011 and the Libya (Asset-Freezing) Regulations 2011 because the Appellant was a designated entity whose assets were frozen under UN Security Council Resolutions 1970 (2011) and 1973 (2011).

Alan acted for the successful defendant in a claim for breach of fiduciary duty brought against her by her former husband, concerned with the sale of a property to a company in which her new partner, the Chelsea footballer Cesc Fabregas, had an interest.  

Alan acted for the Claimant in a Commercial Court trial of an international sale of goods case raising issues about the relationship between a contractual right to terminate a contract and the right to terminate at common law for repudiatory breach. 

Alan acted for the successful Defendant resisting summary judgment in a case raising an interesting point on the construction of the Civil Procedure Rules arising out of an investigation by the Cayman Islands Police Service  into allegations of wrongdoing.

Alan acted for the Applicant in successfully obtaining a Bankers Trust v Shapira order against Christie's auction house, and others, in respect of valuable chattels allegedly misappropriated in Greece and brought to England. 

Alan appeared in the Court of Appeal in a case raising important issues arising out of the Libyan Asset Freezing Regulations, including whether payment of a debt would contravene EU Regulation 204/2011 and the Libya (Asset-Freezing) Regulations 2011 because the Appellant was a designated entity whose assets were frozen under UN Security Council Resolutions 1970 (2011) and 1973 (2011).

Alan recently advised on the application of the international sanctions and asset-freezing regime applied to Libya in the context of a major Commercial Court fraud case brought by the Libyan Investment Authority seeking proprietary relief arising from claims that investment agreements made under the Gadhafi regime were void, voidable and/or unenforceable. 

Alan led for the appellants in this Supreme Court case involving issues of secondary liability for fraud, raising important legal questions as to attribution of knowledge and illegality. The case involved thorough reconsideration by a 7-man Supreme Court of the difficult House of Lords decision in Stone & Rolls v Moore Stephens [2009] 1 AC 1391.

Alan acted for the successful claimant in this Commercial Court fraud trial concerning foreign exchange trading. The case involved sustained cross-examination of the defendant, whom the Judge found liable in the tort of deceit.

Alan acted for a major French engineering company in a claim to the Commercial Court under s. 68 Arbitration Act 1996 challenging an arbitral Award concerned with LPG carrier vessels on the ground that the Award had been obtained by fraud.

Alan is currently acting for a Gibraltar telecoms company in a statutory appeal against the regulator concerning powers to require the State owned operator to provide access to its infrastructure. The case involves novel and difficult questions arising out of the EU Framework and Access Directives.  An appeal to the Court of Appeal of Gibraltar is pending.  

Alan is currently acting for Ofgem in a judicial review challenge brought by British Gas against the controversial new tariff price cap for default rate gas and electricity consumers.  

In late 2016 Alan acted for an electricity generation company in an appeal concerning its participation in the Electricity Capacity Market auction competition.

Alan acted for the Claimant airline in a dispute with its much bigger commercial rival, Lufthansa, in a claim which involved allegations of breach of Art 102 TFEU in the context of the termination of the leases of Airbus aircraft.

Alan acted for the telecoms giant Huawei in an application for anti-suit injunctive relief in respect of a competition law complaint brought by his client in China.   

Alan has advised a leading global drinks business in a ‘follow on’ damages claim following the European Commission’s findings in the Trucks Cartel case involving many of the leading truck manufacturers.

Alan led the team for the successful claimant, Agents' Mutual Ltd, in a hard fought trial in the CAT of a case with important ramifications for the increasingly valuable online property portal market.  A key issue in the case was an allegation that Agents' Mutual's "One other Portal" rule (which prevents its estate agent members listing properties on both Zoopla and Rightmove) breached the Chapter I prohibitionof the Competition Act 1998.  The CAT accepted Alan's submission that it did not. The case also involved hotly contested allegations of "collective boycott" and extensive expert economic evidence.  The case has just been to the Court of Appeal on 'by object' points; judgment awaited.

Alan acted for GEMA on an appeal to the CMA against Ofgem’s price control decision for electricity distribution network operators applicable for the 8-year period from 1 April 2015.

Alan has been advising the Cornerstone Telecommunications Infrastructure Ltd (a joint venture between Vodafone and O2) in respect of disputes it has with Arqiva arising out of major contracts for site equipment necessary for the mobile networks of Vodafone and O2.  

Alan acted for the telecoms giant Huawei in an application for anti-suit injunctive relief in respect of a competition law complaint brought by his client in China.   

Alan is currently acting for a Gibraltar telecoms company in a statutory appeal against the regulator concerning powers to require the State owned operator to provide access to its infrastructure. The case involves novel and difficult questions arising out of the EU Framework and Access Directives.  An appeal to the Court of Appeal of Gibraltar is pending.  

Alan was leading Counsel for the mobile network ‘Three’ in a Commercial Court action against its rival EE, arising out of a Network Integration Agreement concerning deployment of mobile data coverage and capacity by EE to Three on sites that were formerly part of the Orange mobile network. 

The Office of Financial Sanctions Implementation announced the imposition of a monetary penalty of £20.47 million on Standard Chartered Bank (SCB) for breaches of financial sanctions pursuant to part 8 of the Policing and Crime Act 2017. SCB had referred the penalty for a Ministerial Review under s.147 of the Act.  The relevant Minister, the Economic Secretary to HM Treasury, who conducted the Review personally in accordance with s 147, upheld the decision to impose a penalty but reduced the overall penalty payable. Alan advised HM Treasury.

Alan is currently acting for Ofgem in a judicial review challenge brought by British Gas against the controversial new tariff price cap for default rate gas and electricity consumers.  

In late 2017 Alan was heavily involved in acting for the Civil Aviation Authority in relation to the collapse of Monarch Airlines.  Alan acted for the CAA in proceedings to revoke Monarch’s Operating Licence.

Alan acted for a major catering industry supplier in a public law case concerning the exercise of powers of the New Covent Garden Market Authority in relation to a major redevelopment of this key central London commercial site.

Alan acted for a major catering industry supplier in a public law case concerning the exercise of powers of the New Covent Garden Market Authority in relation to a major redevelopment of this key central London commercial site.

Alan is currently acting for a Gibraltar telecoms company in a statutory appeal against the regulator concerning powers to require the State owned operator to provide access to its infrastructure. The case involves novel and difficult questions arising out of the EU Framework and Access Directives.  An appeal to the Court of Appeal of Gibraltar is pending.  

Alan has recently acted for the Hepatitis C Trust in a judicial review challenge to NHS England’s decision to limit the number of people with hepatitis C who were to be allowed access to new NICE approved drugs that cure the disease. The case raised important issues as to the control, or ‘rationing’ of NICE-approved medicines by the NHS.

In late 2017 Alan has been heavily involved in two cases concerning participation in the Electricity Capacity Market auction pursuant to the Electricity Capacity Regulations 2014. The cases involve issues of public law principle and the powers and duties of National Grid and Ofgem in applying the auction Rules.

Alan acted for the Independent Police Complaints Commission in a judicial review of its report arising out of the death of Sean Rigg whilst in police custody.  Among the many issues involved were questions of the legality of arrest, detentions and searches that were undertaken by the IPCC as part of its investigation.  

Alan acted for GEMA on an appeal to the CMA against Ofgem’s price control decision for electricity distribution network operators applicable for the 8-year period from 1 April 2015.

Alan acted for The Charity Commission in resisting an appeal in an important test case on standing to appeal a decision of The Charity Commission pursuant to section 34 Charities Act 2011.

Alan acted for the Royal Institute of Chartered Surveyors in successfully resisting a judicial review claim based on alleged apparent bias, raising Porter v Magill issues.

Alan acted for the GMC on its appeal to the Court of Appeal in an important case on the requirements for entry to the UK's specialist register for senior medical practitioners.

Alan acted, both before the Chief Justice and the Court of Appeal of Gibraltar, for the Attorney General and the Governor of Gibraltar in opposing a judicial review challenge to the appointment of a retired English High Court Judge to sit in the criminal trial of the Marrache brothers, who were accused of crimes of serious dishonesty in relation to their Gibraltar-based solicitors’ firm.

Alan appeared in the Court of Appeal in a case raising important issues arising out of the Libyan Asset Freezing Regulations, including whether payment of a debt would contravene EU Regulation 204/2011 and the Libya (Asset-Freezing) Regulations 2011 because the Appellant was a designated entity whose assets were frozen under UN Security Council Resolutions 1970 (2011) and 1973 (2011).

The Office of Financial Sanctions Implementation announced the imposition of a monetary penalty of £20.47 million on Standard Chartered Bank (SCB) for breaches of financial sanctions pursuant to part 8 of the Policing and Crime Act 2017. SCB had referred the penalty for a Ministerial Review under s.147 of the Act.  The relevant Minister, the Economic Secretary to HM Treasury, who conducted the Review personally in accordance with s 147, upheld the decision to impose a penalty but reduced the overall penalty payable. Alan advised HM Treasury.

Alan recently advised on the application of the international sanctions and asset-freezing regime applied to Libya in the context of a major Commercial Court fraud case brought by the Libyan Investment Authority seeking proprietary relief arising from claims that investment agreements made under the Gadhafi regime were void, voidable and/or unenforceable. 

Alan has recently been involved in a case for a major US hedge fund on an application for an injunction against the Financial Times to restrain publication of confidential information. The case raised issues on the interaction of Article 10 of the ECHR and the right of the claimant to protect its confidential information.

Alan represented the successful onshore oil and gas operators who obtained continued quia timet interim injunctions preventing unnamed protestors from undertaking unlawful activities aimed at their oil business. The case involved legal issues including the extent of Article 10 and 11 rights and the grant of injunctions against persons unknown.

Alan was leading Counsel for the Ineos Group, a global energy and chemicals business, in a high profile and landmark ‘fracking’ case in the Chancery Division. Alan successfully secured wide ranging injunctive relief to protect Ineos’s shale gas exploration interests. The legal issues ranged across the law of trespass, nuisance, harassment, crime and human rights.   Morgan J’s judgment examined in detail the interaction between these areas of law and the freedoms protected by Articles 10 and 11 of the European Convention. An appeal is due to be heard in the Court of Appeal in March 2019.

Alan acted for the Independent Police Complaints Commission in a judicial review of its report arising out of the death of Sean Rigg whilst in police custody.  Among the many issues involved were questions of the legality of arrest, detentions and searches that were undertaken by the IPCC as part of its investigation.  

Alan acted, both at first instance and in the Court of Appeal, for Virgin Atlantic in an important case involving, among many others, the question of whether the English court was competent to adjudicate on the legality of acts performed by international organisations pursuant to the European Patent Convention.  The case raised issues of the interface between the European Convention on Human Rights, the European Patent Convention and English domestic law. 

Alan acted for an international money remittance company in a claim against Barclays Bank. The proceedings included obtaining an interlocutory injunction in the Chancery Division on the basis of alleged breach of a dominant position by the bank, contrary to the Competition Act 1998.  

The Office of Financial Sanctions Implementation announced the imposition of a monetary penalty of £20.47 million on Standard Chartered Bank (SCB) for breaches of financial sanctions pursuant to part 8 of the Policing and Crime Act 2017. SCB had referred the penalty for a Ministerial Review under s.147 of the Act.  The relevant Minister, the Economic Secretary to HM Treasury, who conducted the Review personally in accordance with s 147, upheld the decision to impose a penalty but reduced the overall penalty payable. Alan advised HM Treasury.

Alan acted for Barclays Capital in Commercial Court litigation concerning an alleged Event of Default under a Global Master Repurchase Agreement.