Alan Maclean QC is an accomplished and experienced Silk.  

He is equally at home in first instance trials in the Commercial Court, the Chancery Division, international arbitration or the CAT, requiring detailed mastery of complex facts, as he is arguing points of law in the Supreme Court, the Court of Appeal or the Administrative Court.  He strives always to demonstrate mastery of the essential skills of a 21st century Leading Counsel: firm grasp of legal principle; sound and sober judgment; enthusiasm for hard work; strategic and tactical awareness; skilful cross-examination of lay and expert witnesses and excellent written and oral advocacy.  

Alan has built a notably broad practice in Silk, ranging across many aspects of commercial litigation and arbitration (in such fields as civil fraud, energy, banking, sanctions, telecommunications and sports law) as well as public and regulatory law.   Competition law, in the Court of Appeal, the High Court, the CAT and the CMA has also become an important part of Alan's busy practice.

Alan's practice also involves a significant advisory element.  He endeavours to provide straightforward, dispassionate and realistic advice, whether in writing or in consultation. 

In addition to his work in England and Wales, Alan has appeared as leading Counsel in Gibraltar, the BVI and the Eastern Caribbean Court of Appeal and advised in several Hong Kong matters. He also has experience as an arbitrator.

Alan has long been recognised as a leading Silk in both the leading legal directories, Chambers UK and the Legal 500. In the latest editions he is variously recommended for his expertise across administrative and public law, commercial litigation, energy, international arbitration and professional discipline/regulatory work. 

Alan was a member of the Attorney General's Panel until his appointment as Queen’s Counsel (1999 - 2009, A Panel 2006 - 2009).

Experience

Shortlist

Commercial

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

Alan has acted in many leading commercial cases: e.g. Bilta v Nazir (on attribution of dishonest acts and state of mind of director to a company); Charter v City Index (knowing receipt); Motorola Credit Corp v Uzan (freezing orders) and Rugby Football Union v Viagogo (Norwich Pharmacal). 

Alan's other leading cases include Hamilton v Al Fayed; the Buncefield litigation (the leading modern authority on public nuisance) and Berezovsky v Hine. 

Most recently Alan:

  • has been acting for the leading Indian businessman Dr Vijay Mallya in a Commercial Court action brought by Diageo plc

  • advised the Takeover Panel in relation to the Disney/21st Century Fox/Sky transaction;

  • was heavily involved in acting for the Civil Aviation Authority in relation to the collapse of Monarch Airlines;

  • has acted in a number of electricity-related cases, concerning the Capacity Market auction rules and the complex domestic and non-domestic heat incentive schemes; 

  • appeared in a Commercial Court case raising interesting jurisdiction issues under Article 7 of the Recast Brussels Regulation (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);

  • appeared for the successful appellant in the Court of Appeal in a case between two major pharmaceutical companies concerning the rights of Alan's clients to sell a generic pharmaceutical product in Portugal: Teva Pharma v Astrazeneca - Productos Farmaceuticos;

  • has advised in two major actions on tracing remedies in the context of proprietary claims.

Cases

Grid view
List view
Shortlist

Civil Fraud, Asset Recovery & Injunctive Relief

Alan Maclean QC is an experienced Silk in fraud and asset recovery cases, including trials, appeals and related interlocutory work (including pre and post judgment freezing and other injunctive relief, Norwich Pharmacal applications and Bankers Trust v Shapira orders). 

Alan's leading cases in this field include the Supreme Court case of Bilta v Nazir (ex turpi causa and attribution of knowledge) and the Court of Appeal cases of Charter v City Index (knowing receipt) and Motorola Credit Corp v Uzan (freezing orders). Alan was also instructed in Rugby Football Union v Viagogo (secondary ticket market Norwich Pharmacal relief).

Alan's recent work in this field includes:

  • obtaining a Bankers Trust v Shapira order against Christie's auction house, and others, in respect of valuable chattels brought to England from Greece (Kyriakou v Christie Manson and Woods Ltd);
  • a Norwich Pharmacal application against a firm of solicitors arising out of hotly contested divorce proceedings;
  • advising as to an overseas sovereign wealth fund's ability to obtain proprietary relief and tracing-based remedies in a claim based on alleged fraudulent and corrupt investment contracts (Libyan Investment Authority v Société Générale).

Cases

Grid view
List view
Shortlist

Arbitration

Alan Maclean QC has appeared in a number of major international arbitrations, under ICC or LCIA Rules, many of which have involved joint ventures, shareholder agreements and/or company law issues, and often including issues of BVI and Cyprus company law.  He recently acted in a heavy LCIA international arbitration concerning a Ukraine-based oil and gas infrastructure business.  

Alan's current and recent work includes:

  • an ICC arbitration arising out of the sale and supply of branded merchandise, involving allegations of fraud and misrepresentation. 
  • appearing for the appellant in the Court of Appeal seeking a declaration from the English Court as to the illegality of arbitration proceedings begun by the defendants overseas.

Cases

Grid view
List view
Shortlist

EU & Competition

Since taking Silk, Alan Maclean QC has developed a leading practice in  competition law cases. He has recently appeared in competition cases in the Court of Appeal, the High Court, the CAT and the CMA.  

Most recently, Alan appeared for the respondent in the Court of Appeal in Gascoigne Halman v Agents' Mutual, a case of alleged breach of the Chapter I prohibition in the valuable online property portal market. Alan's client was successful in the CAT: (Agents Mutual Ltd v Gascoigne Halman Ltd [2017] CAT 15).  The Court of Appeal's judgment is awaited.  

Alan recently acted for the airline Laudamotion 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: Laudamotion GmbH v Deutsche Lufthansa AG He has also recently been advising a major multinational on a follow on claim to the Trucks Cartel ruling by the EU.

Alan's other leading cases in this field include two notable victories in Chancery Division abuse of dominant position cases: Purple Parking Ltd v Heathrow Airport Ltd (airport parking) and Dahabshiil v Barclays Bank (injunction to protect provision of banking services to international money remittance businesses).   Alan also has recent experience of other transport related competition cases (coach services to Stansted and a proposal to de-privatise bus services in Tyne & Wear).

Alan Maclean QC also has a well-established advisory practice in a number of non-competition aspects of EU law, most notably concerning regulation of professions in areas such as mutual recognition of qualification/free movement, consumer protection and pharmaceutical/pharmacy regulation.   

Most recently Alan has advised Government, at a very senior level, on aspects of the proposed BREXIT agreement with the EU. Alan's other recent work includes: 

  • advising DEFRA in responding to the European Commission's allegations of breach by the UK of the Habitats Directive;
  • advising a county council on the application of the EU public works procurement regime to various forward funding property transactions;
  • cases concerning drug licensing/pricing and the Drug Tariff;
  • advising on the application of the EU Consumer Rights Directive; and 
  • advising various transport businesses on free movement and labour law issues arising from the ITWF v Viking Line line of authority.

Cases

Grid view
List view
Shortlist

Telecommunications

Alan Maclean QC has extensive experience of telecommunications disputes, both in a litigation and advisory context.   

Alan's current/recent work in this field includes: 

  • acting for a Gibraltar telecoms company in a case concerning the scope of the EU Access and Framework Directives and the implementing Gibraltar law; 
  • a Commercial Court claim against BT, concerned with the scope for a 'Transit Operator' to withhold payment to a 'Terminating Network Operator' on the basis of alleged 'Artificial Inflation of Traffic' under the Standard Interconnect Agreement; 
  • advising in a case concerning the scope of Code rights under schedule 3A of the Communications Act 2003; and  
  • acting for Hutchison 3G Ltd in a Commercial Court action against its rival, EE, concerning deployment of mobile data coverage and capacity.

Previously, Alan was heavily involved in advising on complex issues arising out of a prospective multi-billion merger transaction involving two UK mobile networks.

Cases

Grid view
List view
Shortlist

Public & Regulatory

Alan Maclean QC has extensive public and regulatory law experience. He has appeared in many such cases in the Court of Appeal and the Administrative Court, and in many other Courts and tribunals, including the Court of Justice of the EU, the CMA, the CAT, the Upper Tribunal, the Information Tribunal and various professional disciplinary tribunals (in fields as diverse as licensed conveyancing and speedway racing).

Alan has most recently been extensively involved in advising in relation to the new energy tariff cap legislation.  Before that, acted for the Civil Aviation Authority on licensing and regulatory issues arising from the collapse of Monarch Airlines.

Alan's current or recent clients include the Takeover Panel, the Oil and Gas Authority, the BMA, the CAA, the Solicitors’ Regulation Authority, the Law Society, the Law Society of Hong Kong, the Financial Reporting Council, the ICAEW, OFGEM, OFWAT, the GMC, the GDC, the Royal College of Physicians, the Charity Commission and the Independent Police Complaints Commission.  

Recent cases include:

  • acting in a number of electricity related cases, concerning the Capacity Market auction rules (against the regulator) and the domestic and non-domestic heat incentive schemes (for the regulator)
  • advising in a high profile case of allegations of professional misconduct against solicitors arising out of the Al-Sweady Inquiry into the conduct of British soldiers in Iraq; 
  • acting for the claimant charity in a challenge to the implementation by NHS England of NICE’s recommendations on new drug treatments for hepatitis;
  • representing the Charity Commission in the Upper Tier Tribunal in a case concerning the test for standing to appeal against a decision of the Charity Commission;
  • acting for a major catering industry supplier in a case concerning the exercise of statutory powers of the New Covent Garden Market Authority in relation to a major redevelopment; and
  • acting for the Independent Police Complaints Commission in a judicial review of a controversial report on a death in custody. 

Alan Maclean was a member of the Attorney General's panel of counsel for 10 years prior to taking Silk. 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, the Department for Education and, very recently, DEFRA. 

Alan has experience in the fields of State and Diplomatic immunity, including the State Immunity Act and the Vienna Convention. 

Cases

Grid view
List view
Shortlist

Sanctions

Alan has advised and appeared in a number of sanctions-related cases in recent years, including cases involving Libya and Russia. One recent example is his appearance 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 (LIA v Maud).

Cases

Grid view
List view
Shortlist

Sport

Alan Maclean QC has recently been involved in a number of sports cases, including:

  • acting for the Rugby Football Union in an appeal concerning the arrangements for the new women's Super Rugby competition;
  • advising a leading Premiership Rugby club in a sponsorship dispute;
  • advising a leading FA Premier League club in a case involving media access rights;
  • a case involving another FA Premier League football club and the application of the FA's Owners' and Directors' Test.
  • advising an overseas Rugby Football Union in relation to membership of Rugby Europe 

Alan has also acted in several sporting disciplinary cases, most recently before the RFU Panel on behalf of two international rugby players.  He has also advised Sport England on funding issues.

Shortlist

Civil Liberties & Human Rights

Alan has recently been involved in a number of cases concerning injunctive relief against Persons Unknown obtained by onshore oil and gas operators: e.g. Island Gas v Persons Unknown [2018] 12 WLUK 390; Ineos Upstream Ltd v Persons Unknown [2017] EWHC 3427 (Ch) (appeal to the Court of Appeal pending).  

Alan has also 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:  Guggenheim Securities v The Financial Times Ltd QBD 2018

Alan other current work in this field includes advising George Soros's Open Society Justice Initiative.

Cases

Grid view
List view
Shortlist

Banking

Alan Maclean QC has appeared in a number of banking cases, in the Commercial Court and the Chancery Division.  He acted for Barclays Capital in Commercial Court litigation concerning an Event of Default under a Global Master Repurchase Agreement and for a major international bank defending a claim for US$35 million arising out of the performance of a Securities Lending Authorisation Agreement.  

Alan's advisory practice includes the construction and application of guarantees, indemnities, letters of credit, bonds and other financial instruments.

Cases

Grid view
List view
Shortlist

Data Protection, Freedom of Information & Privacy

Alan Maclean QC was, from its inception, a member of the Attorney General’s Panel of Counsel for freedom of information cases. He has appeared in many cases in the information and privacy field, including:

  •  a case seeking public access to secret documents about UK 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' exemption in the Freedom of Information Act; and
  • a case about the controversial Iraq WMD Dossier.


Shortlist

Inquests & Public Inquiries

Alan Maclean QC has extensive public inquiry experience, having appeared in several high profile inquiries.  In 2003, in the Hutton Inquiry , he was selected to act for Prime Minister Tony Blair, his Chief of Staff, his Communications Director (Alastair Campbell) and the Chairman of the Joint Intelligence Committee,  among others. Alan went on 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's other public inquiry experience includes:  e.g. E.coli O157 (2009); Review into deaths at Deepcut Army Barracks (2007); Zahid Mubarek (2006) and the Bristol Royal Infirmary Inquiry (1999 - 2001).


Achievements

Education

BA (Hons) First Class (PPE), University College, Oxford;

Kennedy Memorial Scholarship, Harvard University (John F Kennedy School of Government);

Post-Graduate Diploma in Law (with Distinction), City University;

Placed 1st in year at Bar School (1993).

Alan was awarded a Scarman Scholarship for being placed First in his year at Bar School.  Gray’s Inn awarded him a Bacon Scholarship, a Prince of Wales Award, a Macaskie Award, a Karmel Award and the Lee Prize.   As a Bar student, he and a colleague won the International Final of the Observer Mace debating competition.  


Selected earlier cases

Commercial

  • Forsta AP-Fonden v Bank of New York Mellon
  • 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

News

VAT registration number: 649324911

Clerks

Staff