Alan Maclean QC is an accomplished and experienced Silk.  

Alan 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 a 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, ranging across all aspects of commercial litigation and arbitration.  Recently his commercial work has included litigation or arbitration in such fields as energy, banking, sanctions, telecommunications and sports law as well as a number of cases (in the High Court and the CAT) focused on competition law.  

Alan was a member of the Attorney General's Panel until his appointment as Queen’s Counsel (1999 - 2009, A Panel 2006 - 2009).  In Silk, the experience gained in those roles is most often applied in regulatory and commercial public law cases, often involving a regulatory backdrop of EU legislation. 

Alan's practice also involves a significant element of advisory work.  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. He also has experience as an arbitrator.

Alan is ranked in Chambers Global 2016 and in various sections of the legal directories as a leading Silk.

Experience

Shortlist

Commercial

Commercial litigation is at the core of Alan Maclean QC’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.

Alan acted in leading cases such as Bilta v Nazir (on attribution of dishonest acts and state of mind of directors to a company); Charter v City Index (knowing receipt) Motorola Credit Corp v Uzan (freezing orders) and Rugby Football Union v Viagogo (Norwich Pharmacal) His other leadign cases include Hamiultin v Al Fayed; and the Buncefield litigation.

Berezovsky v Hine & Ors [2011] EWHC 1716 (Ch)

l Berezovsky v Abramovich [2011] EWHC 1143 (Comm)

Alan appeared for Total in the Buncefield explosion case, which is the leading modern authority on public nuisance.

Hamilton v Al Fayed,

  • acted for the defendants in a £60M claim arising from the international sale of pharmaceuticals used in the treatment of cancer. The case raised issues of economic duress, restitution and proprietary remedies, and has gave rise to issues of freezing order interim relief.  
  • Alan Maclean QC recently acted for the defendants in a £60M claim arising from the international sale of pharmaceuticals used in the treatment of cancer. The case raised issues of economic duress, restitution and proprietary remedies, and has gave 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.

Cases

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Civil Fraud, Asset Recovery & Injunctive Relief

Alan Maclean QC has considerable experience 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 Bilta v Nazir (ex turpi causa and attribution of knowledge) in the Supreme Court 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 Kyriakou);
  • 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 arising from allegedly fraudulent and corrupt investment contracts (Libyan Investment Authority v Société Générale)


Cases

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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, including issues of BVI and Cyprus company law. 

Most recently, Alan acted for the Defendants in a heavy LCIA international arbitration concerning a Ukraine-based oil and gas infrastructure business.  

Alan's current work in this field includes a forthcoming ICC arbitration arising out of the supply of Disney merchandise. 

Cases

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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 various other financial instruments.


Cases

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Telecommunications

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

In 2015 - 2016, Alan was heavily involved in advising on complex commercial and contractual issues arising out of a prospective multi-billion merger transaction involving UK mobile networks.  

Alan's current work in this field includes:

  • acting for Hutchison 3G Ltd in a Commercial Court action against its rival, EE, concerning deployment of mobile data coverage and capacity; 
  • advising a leading telecoms business seeking to secure enhanced 4G capacity.

Shortlist

EU & Competition

Alan Maclean QC regularly appears in competition litigation: in the High Court, the CAT, the CMA and elsewhere.  

Alan has recently led for Agents' Mutual Ltd in a hard fought case in the CAT arising out of the entry of OntheMarket.com to the online property portal market.  Judgment is pending. 

Alan's cases in this field include notable successes in two Chancery Division abuse of dominant position cases: Purple Parking Ltd v Heathrow Airport Ltd (airport parking) and Dahabshiil v Barclays Bank (provision of banking services to international money remittance businesses).   He also has recent experience of 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 the regulation of various medical professions, in fields such as mutual recognition/education/free movement, consumer protection and pharmaceutical and pharmacy regulation. Alan's clients include the GMC, the GDC and the General Pharmaceutical Council. 

Alan also has recent experience of 

  • cases concerning drug licensing/pricing and the Drug Tariff
  • advising on the recent 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

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Sanctions

Alan recently appeared in the Court of Appeal in a case raising important issues arising out of the Libyan Asset Freezing Regulations (LIA v Maud) , 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 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). In 2016, Alan appeared in the Court of Appeal in a case raising important issues arising out of the Libyan Asset Freezing Regulations, where his client had successfully applied out of time under the Bankruptcy Rules r. 6.5(4)(b) and r.6.5(4)(d) to set aside a statutory demand on the ground that his payment of the 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).

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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).

Current or recent clients include the Solicitors’ Regulation Authority, the Financial Reporting Council, the ICAEW, OFGEM, the GMC, the GDC, the Royal College of Physicians, the Charity Commission and the Independent Police Complaints Commission.  

Recent cases include:

  • acting for the Claimant charity in a test case 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 (Asplin J) on 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;
  • acting for the Independent Police Complaints Commission in a judicial review of its report arising out of a in police custody. 

Alan Maclean was an Attorney General panel member for many years. His Government clients 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. 

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



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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 FA Premier League club in a case involving media access;
  • a case involving another FA Premier League football club and the application of the FA's Owners' and Directors' Test. 

Alan has also acted in sporting disciplinary cases, most recently before the Motor Sports Council National Court. He has also advised Sport England on funding issues.


Shortlist

Data Protection, Freedom of Information & Privacy

Alan Maclean QC was, from its inception, a member of HM 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 about 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 very high profile inquiries.  In 2003, in the Hutton Inquiry , he was selected to act for Prime Minister Tony Blair, the PM's Chief of Staff, Alastair Campbell, and the then 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); Bristol Royal Infirmary (1999 - 2001).


Achievements

Education

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

Kennedy Memorial Scholarship, Harvard University;

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

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

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