Alan Maclean QC's Full CV
Year of call 1993
Year of Silk 2009
Alan Maclean QC obtained a double First in PPE at University College, Oxford, following which he was a Kennedy Memorial Scholar at Harvard University.
After returning from Harvard, he obtained a Diploma in Law, with Distinction, from City University in London.
He followed this by being ranked as "Outstanding" and placed First in his year at the Bar Vocational Course at the Inns of Court School of Law. He was called to the Bar in October 1993.
Alan Maclean QC took Silk, at his first attempt, in 2009.
Alan Maclean QC's practice extends to many areas of Commercial Litigation/Arbitration and Public law.
Alan Maclean QC is first and foremost an advocate. He is equally at home in fact-heavy first instance trials, in the Commercial Court or the Chancery Division, demanding in terms of preparation, requiring mastery of complex facts, tactical planning and handling and cross-examination of witnesses, as he is tackling the very different forensic challenge of arguing points of law in the Court of Appeal or the Administrative Court. He has appeared as sole or leading advocate in the ECJ, the House of Lords, the Court of Appeal, all divisions of the High Court and many other courts and tribunals. He has also been admitted to the Bar of the British Virgin Islands and appeared in the High Court of Northern Ireland.
Alan Maclean QC accepts appointments as arbitrator, and his current cases include acting as sole arbitrator under LCIA Rules in an aviation related matter. He has also given expert evidence on English law in foreign litigation.
Overview - current and recent cases
The scope of Alan Maclean QC's practice is illustrated by the fact that in the 12 months to March 2013 he has appeared in, amongst others, the following important cases: i) as Counsel to the Pollard Review into the BBC Newsnight/Jimmy Savile affair; ii) for the ‘Salford Defendants' in Chancery Division proceedings brought by Mr Boris Berezovsky concerning the estate of Badri Patarkatsishvili; iii) for the Defendants in a LCIA arbitration concerning a major Eastern European spirits company; iv) for Virgin Atlantic Airways Ltd in a Patents Court case, where Alan argued issues of public international law arising from the European Patents Convention ( EWHC 2153 (Pat)) and v) for the applicants in an alleged carousel fraud case on an application raising issues of ex turpi causa and involving consideration of the difficult House of Lords decision in Stone & Rolls (Bilta (UK) Ltd v Nazir  1 All ER 375; appeal pending).
Other recent important cases in Silk include: i) acting for the Royal Brompton hospital in its judicial review challenge to a health service consultation on paediatric cardiac services: R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts  EWHC (Admin) 2986;  EWCA Civ 472 (CA); ii) acting for the successful claimants in a Chancery Division action under s. 18 of the Competition Act 1998 where after trial the Court found the Defendant, Heathrow Airport Limited, to have abused its dominant position in relation to airport parking: Purple Parking Ltd v Heathrow Airport Ltd  EWHC 987 (Ch);  UKCLR 492; and iii) acting for a major French engineering company in a claim under s. 68 Arbitration Act 1996 challenging an arbitral award concerned with LPG carrier vessels on the ground that it was alleged to have been obtained by fraud: ( EWHC 3383 (Comm)).
A little further back in time, since taking Silk Alan Maclean QC has acted in a number of other important cases, both in Court and in arbitration. These include: acting for a member of the Crédit Agricole banking group in one of the biggest banking cases to arise from the market dislocation of 2007: CA-CIB v IKB; advising on jurisdiction and conflicts of law issues arising from the ISDA Master Agreement; appearing in arbitration and related Commercial Court proceedings (under s. 44 of the Arbitration Act) on behalf of a leading Russian businessman in a dispute concerning interests in Sibir Energy plc; acting for Lufthansa in judicial review and Commercial Court proceedings concerned with a put option relating to a 50 per cent plus one share interest in British Midland Plc; acting for international steel traders in an arbitration about a disputed letter of credit and appearing in an arbitration between Swiss and Canadian energy companies concerning Colombian mining interests. Alan Maclean QC also acted for the successful claimant in a civil fraud trial concerned with foreign exchange trading: Lindsay v O'Loughnane  BCC 153 (Flaux J).
Alan Maclean QC's advisory work since taking Silk has included advising reinsurers on a claim against London placing brokers, advising a major electricity company in a contractual dispute about an asset services agreement and acting for a Primary Care Trust in a contractual dispute about its commissioning arrangements. Alan has also appeared in the High Court in Belfast in judicial review cases about the funding of NHS drug purchasing in Northern Ireland (Pharmaceutical Contractors Committee (NI) Ltd, Re Judicial Review  NIQB 3) and in resisting a challenge to the exercise of powers by the Accountancy and Actuarial Discipline Board arising out of the failure of a leading Mutual Society (Black & Clements, Re Judicial Review  NIQB 94).
Alan Maclean QC's current work includes acting for Barclays Bank in a Commercial Court case concerning a disputed close out under a multi-billion Repurchase Agreement. The case is due for trial in late 2013.
General Commercial Litigation and Arbitration
Alan Maclean QC's Commercial Litigation and Arbitration cases include:
Berezovsky v Hine and others - appeared as Leading Counsel for the ‘Salford Defendants' in Chancery Division proceedings brought by Mr Boris Berezovsky concerning the estate of Mr Badri Patarkatsishvili.
LCIA Arbitration Re XYZ Ltd - in 2012 - 13 Alan Maclean QC has been acting for the Defendants in a LCIA arbitration concerned with alleged unfair prejudice in relation to the BVI holding company of a major Eastern European spirits business.
Bilta (UK) Ltd v Nazir  1 All ER 375 (Morritt C.) - acted for the applicants in an alleged carousel fraud case on an application raising issues of ex turpi causa and involving consideration of the difficult House of Lords decision in Stone & Rolls (appeal to the Court of Appeal due in May 2013).
Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd  EWHC 1595 (Comm) - acted for defendants on a successful application to set aside service out of the jurisdiction in a case concerning an agency agreement related to a large Libyan housing project.
Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS  EWHC 3383 (Comm) - acted for a French shipbuilding company that applied to set aside an arbitration award concerned with the building of LPG carriers on the ground that it was obtained by fraud on the part of the respondent. Flaux J held that there had been fraud by the other party to the arbitration within the meaning of s.68(2)(g) of the Arbitration Act 1996.
Shell UK Ltd v Total UK Ltd  QB 86 - acted for the oil major, Total, in appeals to the Court of Appeal by Shell and Total from the Commercial Court (see below). The appeals raised complex issues relating to contractual indemnities as between joint venturers and important issues as to the scope of the law of negligence where beneficially owned property was damaged causing economic loss.
Colour Quest Ltd v Total Downstream UK plc  2 Lloyd's Rep. 1 - acted for Total in the Commercial Court trial of the Buncefield litigation. Besides the contract and tort issues that went on appeal (see above) the case involved issues of vicarious liability for negligence.
Norsk Hydro ASA v State Property Fund of Ukraine  Bus. L.R. 558 - a case about the enforceability of a foreign arbitral award, raising issues on the State Immunity Act 1978.
Charter plc v City Index Ltd  1 Ch 313 (CA);  1 WLR 26 (Ch Div) - a case raising important issues on the basis of ‘knowing receipt' liability, its interface with the law of restitution and the ambit of the Civil Liability (Contribution) Act 1978.
West London Pipeline and Storage Ltd v Total UK Ltd  2 CLC 258 - a challenge to a claim for litigation privilege over a post-incident investigation; circumstances in which and means by which Court permitted to go behind claim for privilege.
North Principal Investments Fund Ltd v Greenoak Renewable Energy -  All ER (D) 288 (Jan) - acted for a Cayman investment fund in a case about a project to construct wind farms in the North Sea, on an application for an injunction restraining disposal of an interest in the project.
Merchantbridge & Co Ltd v Safron General Partner I Ltd  All ER (D) 56 (Jun) - acted for the general partner of a Middle East investment fund in a Commercial Court trial of a claim for damages arising out of the termination of an investment management contract.
Deloitte & Touche v Dickson  All ER (D) 426 (Apr) - an injunction to prevent publication of information concerning professional misconduct investigations.
Redwell Ltd v 1-3 Cuba Street Ltd  All ER (D) 210 (Dec) (Court of Appeal) - a dispute between two property investment companies over the sale of property in Docklands.
Finecroft Limited v Lamane Trading Corporation (Nov 2005) - international anti-suit injunction in the High Court of the British Virgin Islands.
Motorola v Uzan  1 WLR 113 - a leading Court of Appeal case on the English Court's jurisdiction in respect of worldwide freezing orders made under section 25 of the Civil Jurisdiction and Judgments Act 1982.
If P&C v Silversea  Lloyd's Rep IR 696 (CA);  Lloyd's Rep IR 217 (Comm Court) - acted for insurers in a business interruption insurance coverage dispute following the 9/11 attacks.
Smith v Bridgend County Borough Council  1 AC 336 - acted for a company administrator on an appeal to the House of Lords in an important case concerning the law of conversion and the construction of the Insolvency Act 1986.
Interbrew v Financial Times  1 Lloyd's Rep 542 - acted for a major brewer in a Norwich Pharmacal injunction for delivery up of supposed takeover-related material leaked to newspapers.
Hamilton v Al Fayed (No 3)  All ER (D) 181 (Jul) - acted for various funders of Neil Hamilton's unsuccessful libel action, who resisted an application for costs from the successful libel defendant, Mohamed Al Fayed.
Re Cosslett  Ch 495 (Court of Appeal);  Ch 23 (Chancery Division) - company charges; whether charge over plant and machinery fixed or floating.
Banking and Finance/Civil Fraud
Alan Maclean QC's current work includes acting for Barclays Bank in a case concerning a disputed close out under a multi-billion Repurchase Agreement. The case is due for trial in late 2013. He also acted for a member of the Crédit Agricole banking group in one of the biggest banking cases to arise from the market dislocation of 2007: CA-CIB v IKB.
Lindsay v O'Loughnane  BCC 153 (Flaux J) - acted for the successful claimant in a fraud case concerning foreign exchange trading. The case involved sustained cross-examination of the defendant, whom the Judge found to have committed the tort of deceit.
Dornoch Ltd v Mauritius Union Assurance Co Ltd  2 Lloyd's Rep 475 (CA);  Lloyd's Rep IR 127 (Comm Court) - acted for reinsurers in a case arising out of a multi-million dollar fraud at a Mauritian bank.
Six Continents Hotels Inc v Event Hotels GmbH  All ER (D) 101 (Sep) - acted in a Commercial Court trial for the owner of the 'Holiday Inn' trademark in a dispute over termination of German hotel franchise agreements, successfully resisting allegations of fraudulent misrepresentations in the course of contractual negotiations.
Reachbyte v Brewin Dolphin (Chancery Division 2006 - 2007) - a claim against stockbrokers alleging deceit and knowing assistance; settled at the start of the trial.
Siemens v Bumiputra Commerce Bank (Commercial Court 2006) - acted for a Malaysian bank in a case concerning fraudulent promissory notes; settled during trial.
Charter Plc v City Index Ltd (Chancery Division 2006) - employee dishonestly siphoning off money from employer's treasury department in breach of trust to fund spread betting; whether spread betting organisation liable in knowing receipt and/or restitution.
Abu Dhabi Investment Co v H Clarkson & Co Ltd (Commercial Court 2004 - 2005) - joint venture container shipping agreement; claims of deceit and misrepresentation in negotiations for joint venture.
Insurance and Reinsurance
Much of Alan Maclean QC's commercial work gives rise to insurance issues ancillary to the pleaded issues. That was particularly so in the Buncefield litigation. Recent cases specifically focussed on insurance/reinsurance issues include:
West London Pipeline and Storage Ltd v Total UK Ltd  Lloyd's Rep IR 688 - an application for disclosure of a third party's liability insurance details; whether insurance relevant to apportionment under the Civil Liability (Contribution) Act 1978; whether the Court had jurisdiction to order disclosure.
Dornoch Ltd v Mauritius Union Assurance Co Ltd (No 2)  1 Lloyd's Rep IR 350 - acted for reinsurers in a banking fraud case; employee systematically defrauded assured bank by removing money from accounts; whether losses amounting to property losses; whether losses could be aggregated so as to exceed deductible; whether terms of cover prevented recovery of losses discovered more than 72 hours after occurrence.
If P&C v Silversea Cruises Ltd  Lloyd's Rep IR 696 (Court of Appeal);  Lloyd's Rep IR 217 (Commercial Court) - a business interruption insurance coverage dispute following 9/11 attacks; the first case to consider whether the 9/11 attacks were ‘Acts of War'.
Kennecott Utah Copper Corp v Minet Ltd - an insurance brokers' breach of contract/negligence claim arising out of the omission to ensure cover for smelting facilities in the USA.
Alan Maclean QC has recently advised the GMC on a new statutory regime for the liability insurance of medical practitioners.
Conflict of Laws
Alan Maclean QC particularly enjoys cases that raise private international law issues. A reported case in the field is Dornoch Ltd v Mauritius Union Assurance Co Ltd  2 Lloyd's Rep 475 (CA);  Lloyd's Rep IR 127 (Commercial Court) where the issues included the governing law of the reinsurance, whether the reinsurance was subject to an exclusive jurisdiction clause, the proper law applicable to reinsurers' tort claims and whether England was the most appropriate forum for the trial of the action. Alan Maclean QC's more recent work in this field has involved advising on jurisdiction and conflicts of law issues arising from the ISDA Master Agreement.
PUBLIC AND EUROPEAN LAW
Alan Maclean QC has a broad range of Public law experience. He has appeared in many cases in the Administrative Court, and also in Public law cases other tribunals, including the European Court of Justice, the Competition Appeal Tribunal and the Information Tribunal.
Alan was appointed to the Attorney General's ‘A' Panel of Counsel in 2006, having previously been appointed to the ‘C' Panel in 1999 and promoted to the ‘B' Panel in 2002. His Government clients have included the 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 Maclean QC 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 Maclean QC has acted for and against a wide range of public bodies. He has acted in sporting and professional disciplinary cases, including for the Accountancy and Actuarial Discipline Board. He also has particular experience of pharmaceutical and healthcare regulation (e.g. R (Denfleet International Ltd) v NHS Purchasing and Supply Agency  All ER (D) 252 (Jan); Council for the Regulation of Health Care Professionals v Health Professions Council  All ER (D) 64 (Feb)) and he has acted for the General Medical Council (most recently in relation to ‘off-label prescribing') and the Royal College of Obstetricians and Gynaecologists.
Alan Maclean QC has experience in a number of areas of telecoms regulation. He acted for T-Mobile in a dispute concerning the Virgin Mobile joint venture and for Three in litigation concerned with the interconnection arrangements with other mobile networks. His reported telecoms cases include:
R v Secretary of State for Trade and Industry exp BT3G Ltd  EuLR 822 - acted for BT in a challenge to the Government's auction of 3G mobile telephone licenses raising issues of Public law and of State Aid.
British Telecommunications plc v Office of Communications  All ER (D) 176 (May) (Competition Appeal Tribunal) - acted for BT in a challenge before the Competition Appeal Tribunal to a Direction of the regulator in relation to ‘interconnection' of telephone networks pursuant to an EC Directive.
European and Competition Law
Virgin Atlantic Airways v Jet Airways (India) Ltd -  EWHC 2153 (Pat) - acted for Virgin Atlantic Airways in a Patents Court case, dealing with issues of public international law arising from the European Patents Convention.
Purple Parking Ltd v Heathrow Airport Ltd  EWHC 987 (Ch);  UKCLR 492 - acted for the successful claimants in a hard-fought Chancery Division action under s. 18 of the Competition Act 1998 where after trial the Court found the defendant, Heathrow Airport Limited, to have abused its dominant position in relation to airport parking.
As well as the telecoms work mentioned above, Alan Maclean QC has acted in cases involving a variety of areas of EU law including milk quotas (R v Ministry of Agriculture Fisheries and Food, ex parte: Lay and Gage ECR 1997 I-05543), free movement (e.g. the banning of imports of beef, the regulation of medical practitioners qualified overseas), the commercial agents regulations and public procurement.
Judicial Review/General Public Law
Alan Maclean QC's Public law work also includes:
R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts  EWHC (Admin) 2986;  EWCA Civ 472 (CA) - acting for the Royal Brompton hospital in its judicial review challenge to a health service consultation on the national configuration of paediatric cardiac services.
R (on the application of Thames Water Utilities Ltd) v Water Services Regulation Authority  EWCA Civ 218;  P.T.S.R. 1147 - appeared in the Court of Appeal successfully resisting an appeal by Thames Water against a refusal to grant judicial review of a decision by OFWAT to appoint a new market entrant as water and sewerage undertaker of the major King's Cross regeneration site. Involved issues arising from the Water Industry Act 1991.
Pharmaceutical Contractors Committee (NI) Ltd, Re Judicial Review  NIQB 3 - acted for the Department of Health, Social Services and Public Safety in a challenge to the lawfulness of the arrangements maintained by the Department for the remuneration of community pharmacies.
Black & Clements, Re Judicial Review  NIQB 94 - resisting a challenge to the exercise of powers by the Accountancy and Actuarial Discipline Board arising out of the failure of a leading Mutual Society.
R (Higher Burrow Organic Farming Partnership) v Secretary of State for the Environment, Food and Rural Affairs  All ER (D) 230 (Apr) - acted for DEFRA in resisting a challenge to the Government's policy of slaughter to control the spread of bovine TB.
R v Legal Aid Board ex p Edwin Coe  1 WLR 1909 - a judicial review application by a firm of solicitors against the Legal Aid Board.
R v Gloucestershire CC ex p Barry  AC 584 - a House of Lords case on local authority resource allocation.
R v Wandsworth ex p Beckwith  1 WLR 60 - a House of Lords case about whether a local authority could discharge statutory functions via private sector arrangements.
In 2012 Alan Maclean QC was appointed as Leading Counsel to the Pollard Review into the BBC Newsnight/Jimmy Savile affair. The Review involved the rapid assimilation of a great deal of documentation and the planning and carrying out of interviews with a number of very senior BBC management and journalist personnel. The Review's well received report was published late in 2012.
Alan Maclean QC has extensive public inquiry experience. In the Hutton Inquiry into the death of Dr David Kelly, he was selected to act for Tony Blair, his Chief of Staff (Jonathan Powell), his Communications Director (Alastair Campbell) and the then Chairman of the Joint Intelligence Committee. Alan went on subsequently to advise No 10 Downing Street on other matters. Previously, he was junior counsel to Sir Ian Kennedy's Bristol Royal Infirmary public inquiry. He also acted in the inquiry into the death in custody of Zahid Mubarek and in Sir Nicholas Blake's Review into deaths at Deepcut Army Barracks. He also acted for the Food Standards Agency in Sir Hugh Pennington's public inquiry into a fatal outbreak of E.coli O157 in Welsh schools.
Data Protection and Freedom of Information
Alan Maclean QC has often advised the Government on Freedom of Information Act issues, and is on the panel of specialists instructed to appear for Government departments before the Information Tribunal. He has appeared before that Tribunal in several important cases including i) cases concerning secret documents about arms sales to Saudi Arabia (Gilby v Information Commissioner/FCO; Campaign Against the Arms Trade v Information Commissioner/Ministry of Defence); ii) a claim by ‘The Times' for disclosure of policy papers prepared for the Chancellor's Budget (HM Treasury v Information Commissioner/Times Newspapers Limited); and iii) a case brought by a ‘Guardian' journalist, which was the first in which the Government litigated the ‘prejudice to public affairs' statutory exemption (Evans v Information Commissioner/MOD). He also acted for the Cabinet Office in a case about the controversial Iraq WMD Dossier (Ames v Information Commissioner/Cabinet Office).
Human rights issues have increasingly permeated Public law and indeed Commercial Litigation in recent years. Alan Maclean QC has a firm grasp of the applicable principles, and he has lectured on aspects of human rights law, most recently on Article 6. Reported cases specifically concerned with human rights issues include:
R v Greater Belfast Coroner ex p Northern Ireland Human Rights Commission  HRLR 35 - appeared as advocate for the Secretary of State for Northern Ireland in a House of Lords appeal concerning the powers of the Human Rights Commission.
R (S) v Plymouth City Council  1 WLR 2583 - acted for the City Council in a Court of Appeal case about disclosure of confidential information, raising issues on Articles 6 and 8.
Heather v Leonard Cheshire  All ER (D) 156 (Jun) - an important case about whether a private sector body performing local authority functions under contract was a "public authority" for the purposes of the Human Rights Act 1998.
Alan Maclean QC has been involved in a number of transport-related Public law cases, both for and against central government. He has advised in railway franchise cases and acted for the franchisor in resisting a challenge by First Group to the tendering process for the Great Eastern franchise. Other transport-related cases include:
Transport for London v London Underground Ltd  All ER (D) 428 (Jul) - acted for the Mayor of London in his challenge to the legality of the Government's PPP proposals for regeneration of the London Underground.
Re Muck It Ltd  All ER (D) 78 (Sep) - acted for the Secretary of State in a Court of Appeal case concerning revocation of goods vehicle licences and disqualification from holding operator's licences.
Re Anglorom Trans (UK) Ltd  All ER (D) 615 (Jul) - acted for the Secretary of State in a Court of Appeal case concerning the threshold conditions for obtaining a goods vehicle operator's licence.
R v Secretary of State for Transport ex p Richmond upon Thames (No 4)  1 WLR 1005 - acted for the applicant local authorities in a judicial review challenge to the Secretary of State's proposed night flights regime at London airports.
Alan Maclean QC 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.
Alan Maclean QC has been called to the Bar of the British Virgin Islands and has appeared in Court there and in the Eastern Caribbean Appeal Court.