Alan Maclean QC's Full CV  

                                                                             

Year of call 1993

Year of Silk 2009

Qualifications

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.

Practice Profile

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 since taking Silk has appeared in the High Court of Northern Ireland.   

Current and recent cases

In recent months Alan Maclean QC has appeared in a number of important commercial and public law cases, including: i) for the Royal Brompton hospital in its successful judicial review challenge to quash a health service consultation on the future of paediatric cardiac services:  R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts [2011] EWHC (Admin) 2986 [2011] All ER (D) 44 Nov; ii) 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 [2011] EWHC 987 (Ch); [2011] UKCLR 492;  and iii) for a member of the Crédit Agricole banking group in one of the biggest credit crunch cases to be litigated in the English Courts: CA-CIB v IKB. 

Most recently, Alan has completed a Commercial Court hearing acting for a major French engineering company in an claim under s. 68 Arbitration Act 1996 challenging an arbitral award concerned with LPG carrier vessels on the basis that it was obtained by fraud: Flaux J - judgment pending. 

Alan Maclean's current cases include acting for a Bahamian company in a Commercial Court dispute concerned with the management of a drilling rig used for deepwater operations off the African coast.

Other recent Commercial work includes: advising in relation to the taking of security for funding advanced to Russian commodity producers via assignments of contractual rights; acting in a performance bond case that involved novel legal issues arising from the UN, EU and UK sanctions regime against the Gadaffi regime in Libya; 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 British Midland Plc; acting for international steel traders in a letter of credit arbitration; advising on jurisdiction and conflicts of law issues arising from the ISDA Master Agreement and appearing in an arbitration between Swiss and Canadian energy companies concerning Colombian mining interests.  

Shortly after taking Silk, Alan appeared for the French oil major, Total, in appeals to the Court of Appeal by Total and by Shell arising from the Buncefield oil terminal explosion, raising  complex points on various contractual indemnity provisions and on the scope of the law of negligence: [2010] EWCA Civ 180. Shortly before taking Silk, Alan Maclean appeared for the successful appellant in an important case on the basis of ‘knowing receipt' liability, its interface with the law of restitution and the ambit of the Civil Liability (Contribution) Act 1978: Charter v City Index [2008] Ch 313 (CA).  

Since taking Silk, Alan Maclean QC has continued to advise HM Revenue & Customs in a number of tax cases raising issues of statutory construction and public law principle, most recently concerned with the taxation treatment of ‘image rights' payments to leading sportsmen. He has recently been heavily involved in advising the Solicitors' Regulatory Authority in relation to the new regime for the regulation of Alternative Business Structures introduced by the Legal Services Act 2007.

COMMERCIAL LAW

General Commercial Litigation

Alan Maclean QC's General Commercial Litigation cases include:

Shell UK Ltd v Total UK Ltd [2010] EWCA Civ 180; [2010] All ER (D) 09 (Apr) - 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 [2009] 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 [2009] 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 [2008] 1 Ch 313 (Court of Appeal); [2007] 1 WLR 26 (Chancery Division) - knowing receipt, restitution, whether knowing recipient entitled to contribution from tortfeasor under Civil Liability (Contribution) Act 1978.  

West London Pipeline and Storage Ltd v Total UK Ltd [2008] 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 - [2008] 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 [2006] 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 [2005] All ER (D) 426 (Apr) - an injunction to prevent publication of information concerning professional misconduct investigations.

Redwell Ltd v 1-3 Cuba Street Ltd [2005] 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 [2004] 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 [2004] Lloyd's Rep IR 696 (Court of Appeal); [2004] Lloyd's Rep IR 217 (Commercial Court) - acted for insurers in a business interruption insurance coverage dispute following the 9/11 attacks.

Smith v Bridgend County Borough Council [2002] 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 [2002] 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) [2001] 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 [1998] Ch 495 (Court of Appeal); [1997] Ch 23 (Chancery Division) - company charges; whether charge over plant and machinery fixed or floating. 

Banking and Finance/Civil Fraud

Alan Maclean QC's recent work includes 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. Recent banking work includes advising in relation to the taking of security for funding advanced to Russian commodity producers via assignments of contractual rights; acting in a performance bond case that involved novel legal issues arising from the UN, EU and UK sanctions regime against the Gadaffi regime in Libya and acting for Centrica in a case concerning a performance bond in relation to a Nigerian gas production sharing contract.

Alan Maclean's most recent civil fraud case was a Commercial Court claim, acting for a major French engineering company in an action under s. 68 Arbitration Act 1996 challenging an arbitral award concerned with LPG carrier vessels on the basis that it was obtained by fraud (Flaux J - judgment pending). His forthcoming cases include acting for foreign Defendants in a multi-million pound case involving an alleged VAT fraud, involving allegations of conspiracy, dishonest assistance, knowing receipt and fraudulent trading.

Lindsay v O'Loughnane [2010] EWHC 529; [2001] All ER (D) 200 (Mar) (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 [2006] 2 Lloyd's Rep 475 (Court of Appeal); [2006] Lloyd's Rep IR 127 (Commercial 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 [2006] 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 [2008] 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) [2007] 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 [2004] Lloyd's Rep IR 696 (Court of Appeal); [2004] 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 recent reported case in the field is Dornoch Ltd v Mauritius Union Assurance Co Ltd [2006] 2 Lloyd's Rep 475 (Court of Appeal); [2006] 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 most recent work in this field has involved advising on jurisdiction and conflicts of law issues arising from the ISDA Master Agreement.

PUBLIC LAW

Public, Human Rights and EU 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 House of Lords, 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) and the Ministry of Justice. 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. 

Alan Maclean QC has acted for and against a wide range of public bodies.  He has acted in sporting and professional disciplinary cases, most recently 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 [2005] All ER (D) 252 (Jan); Council for the Regulation of Health Care Professionals v Health Professions Council [2005] All ER (D) 64 (Feb)) and he has acted for the General Medical Council and the Royal College of Obstetricians and Gynaecologists.   

Alan Maclean QC has recently been heavily involved in advising the Solicitors' Regulatory Authority in relation to the new regime for the regulation of Alternative Business Structures introduced by the Legal Services Act 2007. Forthcoming work in 2012 includes resisting an appeal to the Court of Appeal by Thames Water in a commercial judicial review case where it is challenging as unlawful a decision of OFWAT to replace it as water and sewerage undertaker at the huge King's Cross development in London.

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 & Anr, Re Judicial Review [2010] 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 [2009] NIQB 94).  

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). In 2007 - 2008 Alan Maclean acted for the Cabinet Office in a case about the controversial Iraq WMD Dossier (Ames v Information Commissioner/Cabinet Office).  Alan Maclean QC has recently acted for the Respondent to an appeal from a High Court Order allowing the Rugby Football Union to obtain personal data about people who sold or advertised for sale Twickenham rugby tickets through the Respondent's ticketing website: RFU v Viagogo Ltd.

Human Rights

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 [2002] 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 [2002] 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 [2001] 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.

Public Inquiries

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. Most recently, in 2007 - 2008 Alan Maclean acted for the Food Standards Agency in Sir Hugh Pennington's public inquiry into a fatal outbreak of E.coli O157 in Welsh schools.

Telecommunications

Alan Maclean QC has wide experience in a number of areas of telecoms litigation and regulation. He acted for T-Mobile in a dispute concerning the Virgin Mobile joint venture, and for BT in the challenge to the 3G auction. In 2010 - 2011 he acted for a leading mobile phone network in Commercial Court litigation brought by two rival networks claiming breach of their respective interconnection agreements. Throughout 2011 he has acted for the mobile network, Three, in a number of matters concerned with its interconnection, joint venture and national ‘roaming' agreements with other mobile networks.  His reported telecoms cases include:

R v Secretary of State for Trade and Industry exp BT3G Ltd [2001] 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 [2004] 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.

Transport Law

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 [2001] 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 [2005] 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 [2004] 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) [1996] 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.

EU/Competition Law

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. In 2011 Alan Maclean QC acted for the successful claimants in a hotly contested 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 [2011] EWHC 987 (Ch); [2011] UKCLR 492 (Mann J)

Judicial Review/General Public Law

Alan Maclean QC's Public law work also includes:

Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts [2011] EWHC 2986 (Admin) - acted for the Royal Brompton hospital in its successful judicial review challenge to quash a health service consultation on paediatric cardiac services.

R (on the application of Reckless) v Kent Police Authority [2010] EWCA Civ 1277; [2011] A.C.D. 37 - successfully represented the Kent Police Authority in resisting, both at first instance and on appeal, a challenge brought by a local MP to the appointment of independent members of the Police Authority. 

Pharmaceutical Contractors Committee (NI) Ltd & Anr, Re Judicial Review [2010] 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 [2009] 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 [2008] 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 [2000] 1 WLR 1909 - a judicial review application by a firm of solicitors against the Legal Aid Board.

R v Gloucestershire CC ex p Barry [1997] AC 584 - a House of Lords case on local authority resource allocation.

R v Wandsworth ex p Beckwith [1996] 1 WLR 60 - a House of Lords case about whether a local authority could discharge statutory functions via private sector arrangements.

Other information

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.