Ian McDonald

Ian is regularly instructed, as both junior and sole Counsel, in a broad range of commercial proceedings. His experience ranges from high-value shareholder disputes to claims for breach of contract and restitution.

Featured Commercial Litigation cases:

• Mahtani & Ors v. Atlas Mara Limited & Anor [2024] EWHC 218 (Comm): Acting for the claimants in high-value Commercial Court proceedings connected to the disputed purchase of a financial institution in Africa (instructed by Omnia Strategy LLP).
• Advising an investor in the Far East and its owner in relation to the obtaining of permission for service out of the jurisdiction and injunctive relief from the English courts in support of potential arbitral proceedings against a foreign state.
• Suppipat & Ors v. Narongdej & Ors [2023] EWHC 1988 (Comm): Representing Nick Suppipat and his companies in their fraud claims against multiple defendants in the Commercial Court (one of The Lawyer’s ‘Top 20 Cases of 2022’), in which judgment was handed down for damages in excess of US$850 million (instructed by Willkie Farr & Gallagher LLP).
• Acting (as sole Counsel) for the claimant company in substantial proceedings against a leading insurer and an insurance broker in the Circuit Commercial Court.
• Advising (as sole Counsel) a trader in respect of a potential claim, worth in excess of £1 million, against a well-known insurer.
• Sole Counsel in a commercial dispute between a foodstuffs and catering wholesaler and a commodities broker, concerning the claimant’s claim for breach of contract (including claims brought under the Sale of Goods Act 1979) (instructed by Clyde & Co).
• Discovery Land Company LLC & Ors v. AXIS [2023] EWHC 779 (Comm): Representing the Defendant insurer in a multi-million-pound dispute in the Commercial Court, arising out of a former solicitor’s fraudulent misconduct (instructed by CMS).
• VP Fund Solutions (Luxembourg) SA v. GI Globinvestment Ltd [2022] EWHC 1872 (Comm): Successfully resisting a jurisdiction challenge (under both the recast Brussels I Regulation and the common law rules) in a multi-million-pound unlawful means conspiracy claim (instructed by Milberg London).
• Assisting with shareholder claims under section 90A and Schedule 10A of the Financial Services and Markets Act 2000.
• Trial Counsel in a commercial dispute in respect of the interpretation of contractual terms agreed in a property marketing contract (instructed by Clyde & Co).

Ian is also regularly instructed in a range of civil fraud claims as part of his broader commercial practice, his experience of which includes (in addition to certain of the matters set out above):

• An urgent application for freezing and proprietary injunctions and a Norwich Pharmacal order, arising out of a former solicitor’s fraudulent misconduct (instructed by Kennedys Law).
• Acting for a foreign government in proceedings against a former government lawyer for recovery of secret commissions and fraud and deceit.
• Assisting with the defence of a multi-million-pound unlawful means conspiracy claim against a Russian businessman.
• An application for a worldwide freezing injunction, arising out of a multi-million-pound fraud.

Ian was ranked as a ‘Rising Star’ in Commercial Litigation in the Legal 500 UK Bar 2025.  He is a member of COMBAR and the Commercial Fraud Lawyers Association.

Ian is regularly instructed in international commercial and investment arbitrations, including under the UNCITRAL, ICC, and LCIA Rules and the ICSID Convention. His experience includes:

• Part of the Counsel team acting in a multi-billion-dollar international commercial arbitration, under the ICC Rules, concerning an oil dispute.
• Güriş İnşaat v. Kingdom of Saudi Arabia (ICSID Case No. ARB/23/36): Representing a Turkish investor in a substantial investor-state claim under the ICSID Convention, alleging breaches of fair and equitable treatment (including denial of justice) and unlawful expropriation.
• Acting for an investor in the Far East in a significant investor-state claim against a foreign state, pursuant to the UNCITRAL Rules, alleging breaches of fair and equitable treatment (including denial of justice) and unlawful expropriation.
• Representing a Central American entity in an international commercial arbitration, under the ICC Rules, against a major energy company, in respect of a US$70 million-plus claim for breach of an agreement relating to the provision of power to a Caribbean state (instructed by Shutts & Bowen LLP (Miami)).
• Advising in respect of the application of the European Convention on Human Rights (ECHR) – in particular, Article 1 of the First Protocol – to refusals by ECHR Member State Courts to enforce arbitral awards.
• Advising an investor in the Far East and its owner in relation to the obtaining of injunctive relief from the English courts in support of potential arbitral proceedings against a foreign state.
• Representing the claimant energy company in an international commercial arbitration, under the LCIA Rules, in connection with a share purchase agreement relating to a renewable energy project in eastern Europe (instructed by Mayer Brown).
• Part of the Counsel team acting for the respondent in an international commercial arbitration, under the ICC Rules, involving a US$100 million claim relating to an agreement in respect of a major construction project in South America (instructed by Dunning Rievman & MacDonald LLP (New York)).
• Advising on questions of illegality arising in a UNCITRAL arbitration relating to a construction project in Africa.

Ian was ranked as a ‘Rising Star’ in International Arbitration in the Legal 500 UK Bar 2025.  He is a member of the LCIA.

Ian has a strong interest and expertise in international human rights law, and the right to liberty and security, the right to a fair trial, and freedom of expression, in particular. He is routinely instructed in applications to the European Court of Human Rights in Strasbourg (ECtHR); petitions to the UN Working Group on Arbitrary Detention (UNWGAD); communications to the UN Human Rights Committee; and submissions to other Special Procedures of the UN Human Rights Council (including the special rapporteurs on the independence of judges and lawyers and the right to privacy).

Examples of Ian’s recent and ongoing work include:

• Radio Free Europe/Radio Liberty LLC & Anor v. The Russian Federation: Acting for the Moscow bureau of the international media group RFE/RL and its general director, Andrey Shary, in their application to the ECtHR, challenging Russia’s use of ‘foreign agent’ laws against them pursuant to Article 10 of the European Convention on Human Rights (ECHR) (instructed by Covington & Burling LLP).
• Part of the Counsel team representing the British-Egyptian writer and pro-democracy activist, Alaa Ahmed Seif al Islam Abd el-Fattah, before the UNWGAD, challenging his ongoing detention in Egypt.
• Acting for a Georgian individual in his application to the ECtHR, alleging breaches of Articles 6 (right to a fair trial) and 13 (right to an effective remedy) of the ECHR.
• Vasundhara Oswal v. Uganda: Sole Counsel representing the family of a Cypriot entrepreneur and mental health advocate before the UNWGAD, challenging her detention in Uganda (instructed by Omnia Strategy LLP).
• Advising an Australian national in relation to his individual complaint to the UN Human Rights Committee, pursuant to the First Optional Protocol, alleging violations of Articles 14 (right to a fair trial) and 26 (equality before the law) of the International Covenant on Civil and Political Rights.
• Vardar & Ors v. Germany: Acting for German-Turkish individuals in their application to the ECtHR, alleging breaches by Germany of Articles 2 (right to life) and 3 (prohibition of torture or inhuman or degrading treatment or punishment) of the ECHR.
• Instructed by a prominent foreign government in relation to the detention of an individual in another foreign state, including in respect of an application to the ECtHR concerning that detention.
• Advising in respect of the application of the ECHR – in particular, Article 1 of the First Protocol – to refusals by ECHR Member State Courts to enforce arbitral awards.

Ian is also an officer of the Human Rights Law Committee of the International Bar Association.

Before coming to the Bar, Ian originally trained and worked as a journalist and then spent five years at Liberty, the human rights organisation, including in various senior management roles.

Ian is developing a broad practice in public international law before international courts, tribunals, and other bodies. He has acted for states, foreign investors, companies, and individuals, providing advice and written advocacy in relation to a wide variety of issues, including in the context of international investment law and arbitration (including under the ICSID Convention and UNCITRAL Rules) and international human rights law (including the key UN and regional human rights treaties).

Ian’s public international law practice is complemented by his strong interest and expertise in both international arbitration – in which he was ranked as a ‘rising star’ in the Legal 500 UK Bar 2025 – and international human rights law.

Ian’s recent public international law instructions include:

• Güriş İnşaat v. Kingdom of Saudi Arabia (ICSID Case No. ARB/23/36): Representing a Turkish investor in a substantial investor-state claim under the ICSID Convention, alleging breaches of fair and equitable treatment (including denial of justice) and unlawful expropriation.
• Acting for an investor in the Far East in a significant investor-state claim against a foreign state, pursuant to the UNCITRAL Rules, alleging breaches of fair and equitable treatment (including denial of justice) and unlawful expropriation.
• Advising an investor in the Far East and its owner in relation to the obtaining of permission for service out of the jurisdiction and injunctive relief from the English courts in support of potential arbitral proceedings against a foreign state (covering issues such as state immunity and the foreign act of state doctrine).
• Advising in respect of the application of the European Convention on Human Rights (ECHR) – in particular, Article 1 of the First Protocol – to refusals by ECHR Member State Courts to enforce arbitral awards.
• Radio Free Europe/Radio Liberty LLC & Anor v. The Russian Federation: Representing the Moscow bureau of the international media group RFE/RL and its general director, Andrey Shary, in their application to the European Court of Human Rights (ECtHR), challenging Russia’s use of ‘foreign agent’ laws against them pursuant to Article 10 of the European Convention on Human Rights (ECHR) (instructed by Covington & Burling LLP).
• Part of the Counsel team representing the British-Egyptian writer and pro-democracy activist, Alaa Ahmed Seif al Islam Abd el-Fattah, before the UN Working Group on Arbitrary Detention (UNWGAD), challenging his ongoing detention in Egypt.
• Acting for a Georgian individual in his application to the ECtHR, alleging breaches of Articles 6 (right to a fair trial) and 13 (right to an effective remedy) of the ECHR.
• Vasundhara Oswal v. Uganda: Sole Counsel representing the family of a Cypriot entrepreneur and mental health advocate before the UNWGAD, challenging her detention in Uganda (instructed by Omnia Strategy LLP).
• Vardar & Ors v. Germany: Acting for German-Turkish individuals in their application to the ECtHR, alleging breaches by Germany of Articles 2 (right to life) and 3 (prohibition of torture or inhuman or degrading treatment or punishment) of the ECHR.

Ian is a member of the American Society of International Law, the British Institute of International and Comparative Law, and the International Bar Association (IBA). He is also an officer of the IBA’s Human Rights Law Committee.

Ian has particular interest and expertise in issues of private international law. He has worked as a teaching assistant on the Conflict of Laws module on the Bachelor of Civil Law at the University of Oxford and has delivered tutorials in the same subject to visiting students at St Catherine’s College, Oxford.

Ian has also taught BPTC Commercial Dispute Resolution classes on jurisdiction and the recognition and enforcement of foreign judgments at BPP University Law School. In 2017 he won The Bar Council’s Law Reform Essay Competition, for his paper “One rule for all: An end to the Abouloff double standard on fraud and foreign judgments”.

Ian has also recently contributed a chapter (focusing on the “proper law” of a contract) to The Common Law Jurisprudence of the Conflict of Laws (edited by Sarah McKibbin and Anthony Kennedy), published by Bloomsbury in May 2023.

Featured Private International Law cases:

• Advising a foreign company in relation to discrete issues of private international law arising in a long-running and high-value dispute before the Chancery Division of the High Court concerning an alleged unlawful means conspiracy.
• VP Fund Solutions (Luxembourg) SA v. GI Globinvestment Ltd [2022] EWHC 1872 (Comm): Successfully resisting a jurisdiction challenge (under both the recast Brussels I Regulation and the common law rules) in a multi-million-pound unlawful means conspiracy claim (instructed by Milberg London).
• Ang v. Reliantco Investments Ltd [2019] EWHC 879 (Comm): Involving a jurisdiction challenge under the recast Brussels I Regulation (in particular, the choice-of-court and consumer contract provisions) (instructed by Cooke, Young & Keidan LLP).
• Advising an investor in the Far East and its owner in relation to the obtaining of permission for service out of the jurisdiction and injunctive relief from the English courts in support of potential arbitral proceedings against a foreign state.
• Advising a travel and lifestyle services provider on a jurisdiction challenge under the recast Brussels I Regulation (in particular, the choice-of-court and lis pendens provisions).
• Advising on service out of the jurisdiction in a large multi-jurisdictional action for deceit.
• Advising on private international law questions – in particular, the applicable law pursuant to Article 4 of the Rome II Regulation – arising in a multi-million-pound unlawful means conspiracy claim.

Ian is frequently instructed, as both junior and sole Counsel, in a wide variety of professional liability disputes, including actions against solicitors and barristers – in particular, “lost litigation” claims invoking “loss of a chance” principles – involving a range of underlying matters (such as property and partnership disputes, personal injury claims, and criminal proceedings).

Featured Professional Liability cases:

• Acting (as sole Counsel) for the defendant firm of solicitors in professional negligence proceedings brought by a former client, arising out of the firm’s retention in relation to a claim against the estate of the former client’s late husband (instructed by Travelers Legal).
• Representing (as sole Counsel) the defendant solicitors’ firm in a £1 million professional liability claim relating to a former client and her partner’s instruction of the firm in respect of the remortgage of a residential property (instructed by Travelers Legal).
• Advising (as sole Counsel) a firm of solicitors in relation to potential contribution proceedings against a barrister, arising out of the firm’s engagement in respect of the acquisition of a residential property (and the tax implications of the same) (instructed by Clyde & Co).
• Acting (as sole Counsel) for the claimant company in substantial proceedings against a leading insurer and an insurance broker in the Circuit Commercial Court, involving allegations of (inter alia) professional negligence (instructed by Edwin Coe LLP).
• Shakespeare Martineau LLP v. Fit Kitchen Ltd & Anor: Trial Counsel in proceedings involving a solicitors’ firm’s claim for unpaid legal fees and its former clients’ counterclaim for professional negligence and breach of fiduciary duty (instructed by Travelers Legal).
• Standard Life Assurance Ltd v. Gleeds (UK) & Ors: Acting for a development manager in a high-value multi-party claim arising out of the procurement and development of a multi-million-pound retail and residential project (instructed by Kennedys Law).
• Sole Counsel in Clarke v. Arc Legal Assistance & Others [2020] EWHC 56 (QB): Successful strike out/summary judgment application on behalf of a legal expenses insurance manager (instructed by Trowers & Hamlins).

Ian is also an editor of Jackson & Powell on Professional Liability (9th edition, Sweet & Maxwell 2021).