Alan is an experienced advocate, equally at home in first instance trials in the Commercial Court, the Chancery Division or in arbitrations, as he is arguing points of law in the Administrative Court or the appellate Courts.  He also has experience as an arbitrator.  Alan is admitted to the Bar of the British Virgin Islands.

Alan was a member of the Attorney General's ‘A' Panel until his appointment as Queen’s Counsel, (2006-2009). He was previously on the ‘B’ panel (2002-2006), and the ‘C’ panel (1999-2002).

Alan is ranked in Chambers Global 2016 in Commercial Dispute Resolution.

Experience

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Commercial

Commercial litigation is at the core of Alan’s practice.  His cases extend across a broad range of fields including civil fraud, banking, company law (especially joint venture/shareholder agreements and unfair prejudice), energy, financial services, insurance/reinsurance and sanctions, together with attendant conflicts of laws issues and interlocutory remedies (including pre and post judgment freezing orders and anti-suit injunctions).

Alan is ranked in Chambers Global 2016 in Commercial Dispute Resolution.

Cases

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Civil Fraud, Asset Recovery & Injunctive Relief

Alan is currently acting for the defendants in a £60M claim arising from the international sale of pharmaceuticals used in the treatment of cancer. The case, due for trial in 2017, raises issues of economic duress, restitution and proprietary remedies, and has given rise to issues of freezing order interim relief.  Alan has recently advised in two large commercial cases on issues of tracing in the context of actions alleging a right to proprietary remedies.

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Arbitration

Alan has appeared in a number of major international arbitrations, many of which have involved joint venture, shareholder agreement and/or company law disputes, including issues of BVI and Cyprus company law. Alan has recently acted for the Defendants in a very heavy LCIA international arbitration concerning a Ukraine-based business that manufactures pumps for the international oil and gas market. The US$300M claims involved issues of fraud, including allegations of fraudulent diversion of profits, breach of contract and company law.

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Banking

Alan has appeared in a number of banking-related cases, in both the Commercial Court and the Chancery Division.  His advisory practice includes matters involving the construction and application of guarantees, indemnities, letters of credit and various other financial instruments, and related contractual and/or tortious liabilities.

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Public & Regulatory

Alan has a very broad range of Public law and Regulatory experience. He has appeared in many cases in the Court of Appeal and the Administrative Court, and also in Public law and/or regulatory cases in other tribunals, including the Court of Justice of the European Union, the CMA, the CAT, the Upper Tribunal, the Information Tribunal and various professional disciplinary tribunals (for professions ranging from licensed conveyancers to racing drivers, and others besides). Recent clients include the Solicitors’ Regulation Authority, the Financial Reporting Council, the ICAEW, OFGEM, the GMC and The Charity Commission.  Current cases include acting for the Claimant in an important test case challenge to the implementation by NHS England of NICE’s recommendations on new drug treatments for hepatitis C.

Alan was an Attorney General panel member for many years and his Government clients have included No 10 Downing Street, the Cabinet Office, the Foreign & Commonwealth Office, the Ministry of Defence, HM Treasury (including advising in relation to the Parliamentary Ombudsman's investigation of the regulation of Equitable Life), the Ministry of Justice and the Department for Education. He has experience in the fields of State and Diplomatic immunity, including the State Immunity Act and the Vienna Convention. Since taking Silk Alan has advised HM Revenue & Customs in a number of tax cases raising issues of statutory construction and public law principle and the Department for Education in relation to its flagship Academies programme.

Alan has acted for and against a wide range of public bodies. He has also acted in sporting and professional disciplinary cases, including for Sport England and, most recently, before the Motor Sports Council National Court.

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Telecommunications

Since taking Silk, Alan has acted in a number of telecoms cases, usually but not always concerned with interconnection disputes.  He acted for T-Mobile in a dispute concerning the Virgin Mobile joint venture and has on a number of occasions acted for the MBNL joint venture involving Three and EE.  

In recent months Alan has been heavily involved in advising a leading mobile phone network in relation to complex commercial and contractual issues that arose as a consequence of a proposed £10 billion M&A transaction.   He is currently acting for Three, the mobile phone operator, in a Commercial Court action brought against its competitor EE.

Shortlist

EU & Competition

An increasingly important part of Alan’s practice involves competition litigation in the High Court, the CAT, the CMA or elsewhere. He has also appeared in the CJEU.   He has recently acted for the Claimants in a Chancery Division action alleging breach of s 18 of the Competition Act concerned with the tendering of coach services between London and Stansted Airport.  He is currently acting for Agents Mutual Limited in two cases raising important competition issues in relation to online property portals used by estate agents to sell and lease residential property, and has recently advised in a case concerning the free movement rights and their interface with national labour law, involving the ITWF v Viking Line line of authority.  

Alan has a well-established advisory practice in relation to the EU-law based regulation of various medical professions, in fields such as mutual recognition/education/free movement, consumer protection and pharmaceutical and pharmacy regulation, for clients including the GMC, the GDC and the General Pharmaceutical Council.  Alan also has recent experience of cases concerning drug licensing/pricing and the Drug Tariff. He has also advised in relation to the recent EU Consumer Rights Directive.

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Data Protection, Freedom of Information & Privacy

In the data protection/freedom of information fields, Alan has been involved in cases concerning such high profile issues as secret documents about arms sales to Saudi Arabia; a claim by ‘The Times' for disclosure of policy papers prepared for the Chancellor's Budget; a case brought by a ‘Guardian’ journalist, which was the first in which the Government litigated the ‘prejudice to public affairs' statutory exemption in the Freedom of Information Act and a case about the controversial Iraq WMD Dossier.  Alan was, from its inception, a member of HM Attorney General’s Panel of Counsel for freedom of information cases.

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Inquests & Public Inquiries

Alan has extensive public inquiry experience, including several very high profile inquires.  In 2003, in the Hutton Inquiry into the death of Dr David Kelly, he was selected to act for Prime Minister Tony Blair, his Chief of Staff (Jonathan Powell), his Communications Director (Alastair Campbell) and the then Chairman of the Joint Intelligence Committee (Sir John Scarlett), among others. Alan went on subsequently to advise No 10 Downing Street on other matters. 

In 2012 Alan was Leading Counsel to the Pollard Review into the BBC Newsnight/Jimmy Savile affair. 

Alan has extensive other public inquiry experience:  e.g. E.coli O157 (2009); Review into deaths at Deepcut Army Barracks (2007); Zahid Mubarek (2006); Bristol Royal Infirmary (1999 - 2001).

Achievements

Education

BA (Hons) First Class, University College, Oxford (PPE); Kennedy Memorial Scholar, Harvard University; Post-Graduate Diploma in Law (with Distinction), City University.

Selected earlier reported cases

Commercial

  • Berezovsky v Hine and others (2012)
  • Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd [2012] EWHC 1595 (Comm) 
  • Shell UK Ltd v Total UK Ltd [2011] QB 86 
  • Colour Quest Ltd v Total Downstream UK plc [2009] 2 Lloyd's Rep. 1
  • West London Pipeline and Storage Ltd v Total UK Ltd [2008] 2 CLC 258
  • North Principal Investments Fund Ltd v Greenoak Renewable Energy [2008] All ER (D) 288
  • Merchantbridge & Co Ltd v Safron General Partner I Ltd [2006] All ER (D) 56
  • Deloitte & Touche v Dickson [2005] All ER (D)
  • Redwell Ltd v 1-3 Cuba Street Ltd [2005] All ER (D) 210 (Court of Appeal)
  • Finecroft Limited v Lamane Trading Corporation (2005) (BVI)
  • Motorola v Uzan [2004] 1 WLR 113
  • If P&C v Silversea [2004] Lloyd's Rep IR 696 (CA); [2004] Lloyd's Rep IR 217 (Comm Court)
  • Smith v Bridgend County Borough Council [2002] 1 AC 336
  • Interbrew v Financial Times [2002] 1 Lloyd's Rep 542
  • Hamilton v Al Fayed (No 3) [2001] All ER (D) 181
  • Re Cosslett [1998] Ch 495 (Court of Appeal); [1997] Ch 23 (Chancery Division)

Civil Fraud, Asset Recovery & Injunctive Relief

  • Charter plc v City Index Ltd [2008] 1 Ch 313 (CA); [2007] 1 WLR 26 (Ch Div)
  • Dornoch Ltd v Mauritius Union Assurance Co Ltd [2006] 2 Lloyd's Rep 475 (CA); [2006] Lloyd's Rep IR 127 (Comm Court)
  • Six Continents Hotels Inc v Event Hotels GmbH [2006] All ER (D) 101
  • Reachbyte v Brewin Dolphin (Chancery Division 2006-2007)
  • Siemens v Bumiputra Commerce Bank (Commercial Court 2006)
  • Abu Dhabi Investment Co v H Clarkson & Co Ltd (Commercial Court 2004-2005)

Arbitration

  • Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383 (Comm) 
  • Norsk Hydro ASA v State Property Fund of Ukraine [2009] Bus. L.R. 558 

Public & Regulatory

  • Assisted Reproduction and Gynaecology Centre v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin)
  • R (on the application of Thames Water Utilities Ltd) v Water Services Regulation Authority [2012] EWCA Civ 218; [2012] P.T.S.R. 1147 
  • R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts [2012] EWCA Civ 472 (CA); [2011] EWHC (Admin) 2986
  • Pharmaceutical Contractors Committee (NI) Ltd, Re Judicial Review [2010] NIQB 3
  • Black & Clements, Re Judicial Review [2009] NIQB 94 
  • R (Higher Burrow Organic Farming Partnership) v Secretary of State for the Environment, Food and Rural Affairs [2008] All ER (D) 230 
  • R (Denfleet International Ltd) v NHS Purchasing and Supply Agency [2005] All ER (D) 252
  • Council for the Regulation of Health Care Professionals v Health Professions Council [2005] All ER (D) 64
  • R v Greater Belfast Coroner ex p Northern Ireland Human Rights Commission [2002] HRLR 35 
  • R (S) v Plymouth City Council [2002] 1 WLR 2583 
  • R v Greater Belfast Coroner ex p Northern Ireland Human Rights Commission [2002] HRLR 35
  • Heather v Leonard Cheshire [2001] All ER (D) 156
  • R v Legal Aid Board ex p Edwin Coe [2000] 1 WLR 1909 
  • R v Gloucestershire CC ex p Barry [1997] AC 584 
  • R v Wandsworth ex p Beckwith [1996] 1 WLR 60 

EU & Competition

  • Dahabshiil Transfer Service Ltd v Barclays Bank Plc [2013] EWHC 3379 (Ch); [2014] UKCLR 215
  • Purple Parking Ltd v Heathrow Airport Ltd [2011] EWHC 987 (Ch); [2011] UKCLR 492 
  • British Telecommunications plc v Office of Communications [2004] All ER (D) 176 (May) (CAT)
  • R v Secretary of State for Trade and Industry ex p BT3G Ltd [2001] EuLR 822
  • R v MAFF ex p Lay and Gage ECR 1997 I 05543

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