Ian Wilson QC

Ian Wilson QC

Call: 1995 | Silk: 2018

"He is very clever and extremely user-friendly. He is happy to roll his sleeves up and get into the trenches in terms of taking forward claims."

- Chambers & Partners UK Bar (2022)

"Unflappable, with the ability and experience to cut to the chase in complex scenarios. He inspires confidence both on paper and on his feet."

- Chambers & Partners UK Bar (2022)

"He is particularly good at working as part of a team to solve a problem with the law firm and clients."

- Chambers & Partners UK Bar (2022)

"An excellent technical lawyer and an impressive advocate as well as being exceptionally adept at managing clients."

- Legal 500 UK Bar (2022)

"Quite simply a superb advocate, watching him in court is a real privilege."

- Legal 500 UK Bar (2022)

Practice Overview

Ian Wilson QC is an experienced commercial litigator, specialising in banking and finance (including consumer credit), financial services and regulation, commercial fraud, insurance, insolvency and restructuring and general commercial litigation and arbitration. He has a strong reputation as a trial advocate and  cross-examiner, as well  as for his advisory work.  He acts principally for banks, insurance companies, financial  institutions and insolvency practitioners and  has  wide  experience of financial mis-selling claims and  litigation involving fraud and  unfair relationship allegations. He has appeared in a number of leading cases, including Paragon Finance v Plevin in the Supreme Court.  As well as practicing in this jurisdiction, Ian has also been called to the Bar of the Supreme Court of the Eastern Caribbean (BVI).

Ian is consistently rated in the directories as being a leading silk in his core fields of practice: Banking and Finance, Financial Services, and Insolvency and Restructuring. The directories describe Ian in the following terms:

  • “Quite simply a superb advocate, watching him in court is a real privilege” (Legal 500 2021).
  • “An excellent technical lawyer and an impressive advocate as well as being exceptionally adept at managing clients” (Legal 500 2021).
  • "A great practitioner who is building a stellar practice” (Legal 500 2020).
  • “He has incredible clarity of thought that is translated concisely into his submissions” (Legal 500 2020).
  • "Super client-friendly and  an  incredibly  capable advocate for complex and  challenging matters… one  of  the  most collaborative QCs  to  work with and  provides very pragmatic, sensible advice" (Chambers & Partners 2020).
  • “Superb in terms of his technical written ability and  oral performance at hearings. He also has a great rapport with clients. … A go-to for anything involving banking or financial services, he writes great skeleton arguments that  grab the  reader by the  throat in the  first paragraph. He’s a very measured advocate and  clients really like him  as he’s very responsible and  sensible” (Chambers & Partners 2019).
  • “Brilliant, both in terms of his drafting and  advocacy” (Legal 500 2016).

Ian is a co-author of Paget’s Law of Banking (chapters on Unauthorised Payments, Restitution, Proprietary Claims, and Tracing), the author of the banking chapter in Bullen & Leake and the sub- editor of the banking and finance section.

Beyond his legal practice, Ian is a pianist and organist (playing to a professional standard), an Associate of the Royal  College of Music, and a governor of St Paul’s Cathedral School.

Ian regularly acts for banks and  financial institutions, and  has  extensive experience of banking litigation, including guarantees and  securities, investment management, and swaps and  other structured financial products. He is consistently ranked as a leading practitioner in Banking & Finance and Financial Services.

Ian  has  considerable experience in representing banks in mis-selling claims, fraud trials, payment protection insurance, unfair relationship claims, and multi-jurisdictional disputes.  He is also known for his expertise and experience in consumer credit and regulatory matters. Ian acted  in the Paragon Finance v Plevin litigation (concerning PPI  and  section 140A  of the Consumer Credit  Act 1974) before  Supreme Court,  and  was involved in the  large-scale litigation against the  financial industry by the Financial Services Compensation Scheme for recoupment of compensation paid  to PPI  customers.

Recent instructions include:

  • Acting for banks in numerous swaps/derivatives mis-selling claims, including consequential loss claims.
  • Advising lenders and  platform-providers in relation to legal and  regulatory aspects of crowd- funding and peer-to-peer lending.
  • Acting in  large-scale proceedings between insurers, retailers and  other  intermediaries in relation to the recoupment of PPI  redress payments.

Ian  is a co-author of Paget’s Law  of Banking (chapters on Unauthorised Payments, Restitution, Proprietary Claims, and  Tracing) and  the  author  of the  banking chapter and  sub-editor of the banking and finance section in Bullen & Leake.

Notable  cases include:

Tillman v Lloyds Bank & Better Capital (Commercial Court, ongoing). Defending Lloyds in a £150m claim by the former owner of the high street chain, Jaeger, involving allegations of conspiracy, deceit and breach of confidence arising from the circumstances of its administration.  Instructed by DLA Piper.

Ward v Clydesdale Bank Plc [2021] EWHC 1942 (Comm). Acting for Clydesdale Bank in a substantial (£50m) action involving alleged breaches of statutory, tortious and contractual duties, and an unfair relationship claim, concerning the claimant partnership’s property business and their entry into swaps and tailored business loan (TBL) products with the defendant bank.  Instructed by DLA Piper.

Khalifeh v Blom Bank SAL [2021] EWHC 1502 (QB). Acting for a Lebanese Bank in ongoing proceedings concerning substantial US$ deposits in Lebanon and involving an application for an anti-suit injunction.  Instructed by Dechert.

889 Trading Ltd v Clydesdale Bank Plc [2021] EWHC EWHC 850 (Ch).  Acting for the Bank in a successful strike out application of a fraud claim on abuse of process grounds.

Farol & Ors v Clydesdale Bank & National Australia Bank (Ongoing). Acting for Clydesdale Bank in claims presented by the Claimants as a test case (for potentially thousands of other claims) to determine whether the bank was entitled to charge break costs upon the early termination of its fixed rate tailored business loan product. Instructed by DLA Piper.

Ward v Clydesdale Bank plc (2019 – ongoing) – instructed on behalf of the bank in relation to alleged breaches of statutory, tortious and contractual duties, and an unfair relationship claim, concerning the claimant partnership’s (at one time) £50m property business and their entry into swaps and tailored business loan (TBL) products with the defendant bank.

Glare v Clydesdale Bank (2020) – Acted for the bank in a successful application to strike  out a mis- selling claim on res judicata and other grounds. Instructed by DLA Piper  LLP.

Chudley v Clydesdale Bank plc [2019]  3 WLR 661;  [2019]  2 All ER  (Comm) 293 – Court of Appeal; acted  for the bank  as  case  leader in defending a fraud claim against it by an  investor in failed investment scheme; the Court of Appeal decision is a now a leading authority on the Contracts (Rights of Third Parties) Act 1999. Instructed by Addleshaw Goddard  LLP.

Cunningham v Ellis & Bank of  Scotland Plc [2018]   EWHC  3188   (Comm)  – Commercial  Court fraud/conspiracy claim against the  bank  successfully struck  out on grounds of inadequacy of pleading, limitation and reflective loss. Instructed by DLA Piper  LLP.

Clydesdale Bank plc v Stoke Place Ltd [2017]  EWHC 181 (Ch) – Acted for the bank  in 3-week  trial involving a successful fraud claim by the bank  against a company director  and  former  bank  official involving allegations of deceit  and  conspiracy. Judgment obtained for £17m.  Instructed by Gateley PLC.

Finch v Lloyds TSB Bank plc [2017]  BCLC 34 – Successfully defended the first  fixed  interest rate loan  mis-selling claim to come to trial  in England. See  also  Finch v Lloyds [2016]  EWHC 1077  (Ch) (HHJ Bird)  – Application to adduce expert evidence successfully resisted. Instructed by TLT.

Financial Services Compensation Scheme v FirstPlus Financial Group & others (2016  – 2018)  – Acting for a lending group  in a claim by the FSCS for recovery of compensation payments made  to PPI  customers. Instructed by Harrison Clark Rickerbys.

Plevin v Paragon Finance [2014]  UKSC  61  – Acted  for Paragon in  the  leading Supreme Court decision on payment protection insurance and  section 140A  of the  Consumer Credit  Act 1974. Instructed by Irwin Mitchell.

Bank of Scotland plc v Waugh [2014]  EWHC 2117 (Ch); & (No 2) [2014]  EWHC 2835  (Ch) – Acted for the Bank of Scotland in a case  which  dealt  with  the extent  to which  the doctrine of estoppel may prevent a mortgagor contending that  the  mortgage has  not been  executed as  a legal charge. Instructed by Shepherd and Wedderburn LLP.

USA v Abacha [2014]  Lloyd’s Rep FC 392;  [2014]  EWHC 993 (Comm) – Acted for Standard Bank in an application for  injunctive relief in  support of  proceedings in  the  USA  to recover  funds misappropriated by former President of Nigeria, General Abacha. Instructed by MacFarlanes LLP.

Platform Funding  v Persimmon Homes (2014) – Acted  for a mortgage lender in a claim involving multiple properties that  developers had  wrongfully caused surveyors’ valuations to be inflated to procure  lending above  true values. Case  settled just  before  trial.  Instructed by Dentons  UKMEA LLP.

Dunbar Assets plc v Dorcas Holdings Ltd [2013]  EWCA Civ 864  – Appeared before  the Court of Appeal in a case  considering the consequences of a procedural irregularity in the context  of a claim for possession of a property standing as security for a £5m debt.  Instructed by DLA Piper  LLP.

WestLB v Nomura plc [2012]  EWCA Civ 495;  [2012]  All ER  (D) 116  (Apr) – Acted for WestLB;  the Calculation Agent  was found  to have  acted  irrationally in attributing a nil value to the reference fund of $26 million redeemable Notes. Instructed by Macfarlanes LLP.

Rahman v HSBC Bank plc [2012]  EWHC 11 (Ch); [2012]  All ER (D) 131 – Acted for HSBC  in a two- week trial of a £15.5m claim for recovery of commercial loans  involving issues under  section 140A Consumer Credit Act 1974. Instructed by DLA Piper  LLP.

Swotbooks Ltd v Royal Bank of  Scotland plc [2011]  EWHC 2025  (QB) – Issue of whether the documents presented under  a UPC500  letter of credit  were discrepant.

Black Horse v Speak [2010]  EWHC 1866  (QB) – Leading case  on payment protection insurance and related enforcement issues; raised issues under  the  Consumer Credit  (Total  Charge for Credit) Regulations 1980.

Spencer v Barclays Bank [2009]  All ER  (D) 61 – Strike out of a claim by a company director  and shareholder on “reflective loss” grounds.

Wilson v Barclays Bank (Lawtel, 14 Dec 07) – Successfully defended a substantial damages claim arising out of an alleged failure to establish an electronic payment facility.

ST  Microelectronics NV  v. Condor [2006]  2 Lloyd’s Rep 525  – Acted for the beneficiary of a trade guarantee in a Commercial Court claim against the guarantor.

Paragon Finance plc v. Pender [2005]  1 WLR 3412  – Court of Appeal test  case  on the effects of mortgage securitisation, discretionary interest rates  and extortionate credit  bargains.

Oyston v. Royal Bank of Scotland (2003) – Defended the bank  at the 4-week  trial  of a multi-million pound breach of mandate claim brought by Owen Oyston.

Lloyds Bank v. Shorney [2002]  1 FLR  81;  [2002]  1 FCR 673  – Acted for the bank  in this  Court of Appeal decision considering the  extent  of the  duty  of disclosure and  the  doctrine of material alteration in relation to a bank  guarantee.

PT  Bank Negara Indonesia v IBL Trading Ltd [2002]  EWHC 2493  (QB) – Acted for the bank  in his claim for the recovery of assets subject to a proprietary claim.

Pearce v. Lloyds TSB Bank [2001]  EWCA Civ 1907  – Acted  for the bank  in this  Court of Appeal decision on the nature and  extent  of the defence of change of position in the context  of a mistaken bank credit.

Ian has been involved in numerous large-scale commercial fraud cases. He has considerable expertise in fraud recovery actions, asset tracing, injunctive relief, contempt of court and multi-jurisdictional proceedings.

Most recently, he was instructed as lead counsel in a $1billion multi-jurisdictional claim involving an alleged ‘corporate raid’ on a corporate structure owning strategic assets in Russia.  This involved, amongst other claims, liquidation proceedings in the BVI and international arbitration proceedings in London.

He also acted for the shipbrokers, Clarksons, in the Fiona Trust v Privalov litigation, which  culminated in a 6-month  trial  in the  Commercial Court, and was invovled in a substantial fraud claim by mortgage lenders against a property developer, a fraud trial  by a bank  against a company director  who conspired to defraud the bank  of £17m,  and  a fraud claim against a bank  alleged to have  facilitated a large-scale investment scheme fraud.

Ian  also  has  very  considerable experience in a broad  range of contractual and  commercial disputes.

Notable  cases include:

Khalifeh v Blom Bank SAL [2021] EWHC 1502 (QB). Acting for a Lebanese Bank in defending an application for an anti-suit injunction to prevent parallel proceedings in Lebanon pending a High Court trial.  Instructed by Dechert.

Chudley v Clydesdale Bank [2019]  3 WLR 661;  [2019]  2 All ER (Comm) 293 (Court of Appeal) – acted for the bank  in a fraud claim against it by an investor in failed investment scheme. Instructed by Addleshaw Goddard  LLP.

​Clydesdale Bank v Stoke Place Ltd [2017]  EWHC 181  (Ch) – Acted  for the bank  in 3-week trial  involving a successful fraud claim against a company director  and  former  bank  official involving allegations of deceit and conspiracy. Judgment obtained for £17m.  Instructed by Gateley LLP.

Temp& Maxima v Fortuna  (2011-2014) – Litigation in Cayman and  the BVI  concerning a $500m development in  Vietnam; the  case  involved claims by  minority shareholders for  breach of a shareholders’ agreement, and  various company law  claims as  to the  validity of key  corporate resolutions. Led  by Stephen Phillips QC and  Richard Salter QC. Instructed by Maples & Calder  in Cayman, and Watson, Farley & Williams in Hong Kong.

Fiona Trust & Holding Corp v Privalov & ots [2010]  EWHC 3199; [2011]  All ER  (D) 73 (Andrew Smith J). [2010]  EWHC 3199; [2011]  All ER (D) 73 – Very substantial Commercial Court proceedings involving conspiracy and  fraud claims against shipping brokers  and  others  for the  recovery of commission payments. Ian  acted  for the UK’s  largest shipbrokers, Clarksons. Instructed by CMS Cameron  McKenna in a 9-month trial  led by John Odgers  QC.

Fiona Trust &  Holding Corp v Privalov &  ots [2011]  EWHC 1312; [2011]  All  ER  (D) 187  – Supplemental judgment dealing with  costs  and  other consequential issues, including contribution proceedings.

Fiona Trust & Holding Corp v Privalov & ots [2011]  EWCA 1316  – Permission to appeal granted on certain (limited) issues.

Re  Highfield Distribution (2008-2014) – Acted  for the successful liquidators (Grant  Thornton)  in misfeasance and  asset recover  proceedings against a former  company director  in a case  involving the misappropriation of assets and  wrongful post-winding up trading; the case  has  involved various injunctions (including freezing injunctions), civil restraint orders,  trials for the determination of beneficial interests and numerous appeals.

Pipavav v Setaf (June 2009)  – Application to prevent allegedly fraudulent claim for payment under  a refund guarantee. Instructed by Holman Fenwick & Willan.

UK Aid Ltd v Mitchell & ots [2007]  EWHC 1052  (Ch) – Acted for KPMG liquidators in claims against directors for misappropriation and  diversion of company assets. Successfully obtained summary judgment (David Richards J).  The  case  also  involved asset tracing and  freezing orders  across multiple jurisdictions including Spain, Switzerland, Andorra, Gibraltar, the BVI  and  the Bahamas. Instructed by Addleshaw Goddard  LLP.

UK  Aid Ltd v Mitchell & ots [2007]  EWHC 1940  (Ch) – Successfully obtained a committal order against one of the company’s former directors.

HSBC v 5th  Avenue Partners Ltd, Michael Brown & ots (2006) – Acting for investors in a very substantial claim brought by HSBC  in respect of the fraudulent misappropriation of the investors’ funds. Led by Gregory Mitchell QC. Instructed by Goodman  Derrick.

Cantrade Privatbank AG v Fortis Fund Services (Bahamas) Ltd (2004) (part  of the Oracle Litigation). Acting for a Swiss bank  in relation to proceedings in the Bahamas arising from the liquidation of the Oracle Fund. Led by Stephen Phillips QC and Robert Hildyard QC. Instructed by Holman Fenwick & Willan.

Ian is highly experienced in a broad  range of contractual and  commercial disputes, with particular expertise in  fraud litigation, arbitration, asset tracing and  recovery actions, injunctive  relief, contempt of  court  and multi-jurisdictional proceedings. Among  other large-scale commercial litigation cases, he acted  for the shipbrokers Clarksons in the Fiona Trust v Privalov litigation, which culminated in a 6-month  trial  in the Commercial Court. He has  also  been  involved in a substantial fraud claim by mortgage lenders against a property developer.

Chudley v Clydesdale Bank [2019]  3 WLR 661;  [2019]  2 All ER  (Comm) 293  (Court of Appeal) – acted  for the bank  in a fraud claim against it by an investor in failed investment scheme. Instructed by Addleshaw Goddard  LLP.

Clydesdale Bank v Stoke Place Ltd [2017]  EWHC 181  (Ch) – Acted  for the bank  in 3-week  trial involving a successful fraud claim against a company director  and  former  bank  official involving allegations of deceit and conspiracy. Judgment obtained for £17m.  Instructed by Gateley LLP.

Temp& Maxima v Fortuna  (2011-2014) – Litigation in Cayman and  the BVI  concerning a $500m development in  Vietnam; the  case  involved claims by  minority shareholders for  breach of a shareholders’ agreement, and  various company law  claims as  to the  validity of key  corporate resolutions. Led  by Stephen Phillips QC and  Richard Salter QC. Instructed by Maples & Calder  in Cayman, and Watson, Farley & Williams in Hong Kong.

Renpower Investments Ltd v Larkfleet Ltd [2013]  EWHC 800 (QB) 2012-3) – Commercial dispute in relation to a  sale  and  purchase agreement involving the  transfer of a  solar  farm  subject to accreditation under  the Feed-In-Tariff Regulations.

Fiona Trust & Holding Corp v Privalov & ots [2010]  EWHC 3199; [2011]  All ER  (D) 73 (Andrew Smith J). [2010]  EWHC 3199; [2011]  All ER (D) 73 – Very substantial Commercial Court proceedings involving conspiracy and  fraud claims against shipping brokers  and  others  for the  recovery of commission payments. Ian  acted  for the UK’s  largest shipbrokers, Clarksons. Instructed by CMS Cameron  McKenna in a nine month trial  led by John Odgers  QC.

Fiona Trust &  Holding Corp v Privalov &  ots [2011]  EWHC 1312; [2011]  All  ER  (D) 187  – Supplemental judgment dealing with  costs  and  other consequential issues, including contribution proceedings.

Fiona Trust & Holding Corp v Privalov & ots [2011]  EWCA 1316  – Permission to appeal granted on certain (limited) issues.

Re  Highfield Distribution (2008-2014) – High Court litigation against a former  company director  for misappropriation and  wrongfully continuing to trade  post-winding up.  Acted  successfully for the liquidators (Grant  Thornton)  in  section 212  misfeasance proceeding, and  in  obtaining various enforcement orders.

Pipavav v Setaf (June 2009)  – Application to prevent allegedly fraudulent claim for payment under  a refund guarantee. Instructed by Holman Fenwick & Willan.

UK Aid Ltd v Mitchell & ots [2007]  EWHC 1052  (Ch) – Acting for KPMG liquidators in claims against directors for misappropriation and  diversion of company assets. Successfully obtained summary judgment (David Richards J).  The  case  also  involved asset tracing and  freezing orders  across multiple jurisdictions including Spain, Switzerland, Andorra, Gibraltar, the BVI  and  the Bahamas. Instructed by Addleshaw Goddard.

UK  Aid Ltd v Mitchell & ots [2007]  EWHC 1940  (Ch) – Successfully obtained a committal order against one of the company’s former directors.

HSBC v 5th  Avenue Partners Ltd, Michael Brown & ots (2006) – Acting for investors in a very substantial claim brought by HSBC  in respect of the fraudulent misappropriation of the investors’ funds. Led by Gregory Mitchell QC. Instructed by Goodman  Derrick.

Cantrade Privatbank AG v Fortis Fund Services (Bahamas) Ltd (2004) (part  of the Oracle Litigation)

Acting for a Swiss bank  in relation to proceedings in the Bahamas arising from the liquidation of the  Oracle Fund. Led  by  Stephen Phillips QC and  Robert  Hildyard QC. Instructed by  Holman Fenwick & Willan.

Ian has acted in various energy disputes, particularly in the context  of alternative and renewable energy sources.

Notable cases include:

Renpower Investments Ltd v Larkfleet Ltd [2013]  EWHC 800  (QB) – Instructed on the appeal in litigation relating to a sale  and purchase agreement involving the transfer of a solar  farm  subject to OFGEM accreditation under the Feed-In- Tarrifs (Specified Maximum Capacity and Functions) Order 2010.

Enviro Resolutions v Peterborough Renewable Energy Ltd (2012) – Claim concerning the development of a “waste-to-energy” power plant.

Ian has also advised on a dispute arising out of a sale and purchase agreement concerning the acquisition of a  company established for  the  purposes of obtaining OFGEM accreditation for renewable energy production.

Ian  is top ranked in the Legal 500  (2018-2019) in the field of Insolvency & Restructuring. He is regularly instructed by  liquidators, administrators, trustees and  receivers, as  well  as  creditor groups, in relation to a range of insolvency matters. He has considerable experience in claims against former  directors and others for wrongful trading,  preferences, transactions at an undervalue, and misfeasance, as well as in relation to the failure of a complex tax avoidance scheme. Many of his cases involve aspects of fraud.

He has particular experience in asset recovery actions in the insolvency context,  claims by successor practitioners against former insolvency office  holders, and in claims involving insolvency practitioner bonds (being one of the few members of the Bar with extensive experience in this area). He has also recently acted in  one  of the  leading cases concerning corporate capital reductions using the “declaration of solvency” procedure under  the Companies Act 2006.

Recent instructions include:

  • Acting for  liquidators in  a  misfeasance/breach of fiduciary duty  claim against a  former administrator in relation to a pre-pack administration.
  • Acting for directors facing various Insolvency Act claims (sections 212,  238 and 423) following a complex corporate restructuring.
  • Acting for successor liquidators in a dispute with  the ICAEW in relation to late  notification under  insolvency bonds.
  • Acting for liquidators in  a misfeasance/breach of duty  claim against a former  director  in relation to an  illegal dividend and  insufficient provision for a statement of solvency in the context of a corporate restructuring.
  • Acting for liquidators in a claim against former  office  holder  for fraudulent overcharging and misappropriation.

Recent cases:

Chudley v Clydesdale Bank [2019]  3 WLR 661;  [2019]  2 All ER  (Comm) 293  (Court of Appeal) – acted  in  a fraud claim by  an  investor in  the  context  of an  investment scheme in  liquidation. Instructed by Addleshaw Goddard  LLP.

LRH Services Ltd (in liquidation) v Trew and  others [2018]  EWHC 600 (Ch); [2018]  All ER (D) 161 (Mar) – Acted for the successful liquidators as case  leader in the trial  of a claim against the former directors of a company left  with  onerous  lease liabilities following a restructuring involving the reduction of capital using the declaration of solvency procedure under  s.643 Companies Act 2006 and the payment of a £21m dividend; the solvency statement and the dividend payment were held to have  been  invalid and  the  directors were  held  to have  breached their  duties to the  company. Instructed by Gateley PLC.

Re  FW Mason & Sons Ltd (in creditors’ voluntary liquidation); sub  nom  Richardson v White [2017] EWHC 1512  (Ch) – Acting for successor liquidators in a misfeasance claim against former liquidators alleged to have been  deliberately overcharging the  estate. Respondents consented to judgment immediately before trial. Instructed by Enyo  Law LLP.

Clydesdale Bank v Stoke Place Ltd (In Administration) [2017]  EWHC 181 (Ch) – Acted in 3-week  trial involving a successful fraud claim against a company director  of a company in  administration involving allegations of deceit  and  conspiracy. Judgment obtained for £17m.  Instructed by Gateley PLC.

Temp& Maxima v Fortuna  (2011-2014) – Litigation in Cayman and  the BVI  concerning a $500m development in  Vietnam; the  case  involved claims by  minority shareholders for  breach of a shareholders’ agreement, and  various company law  claims as  to the  validity of key  corporate resolutions. Led  by Stephen Phillips QC and  Richard Salter QC. Instructed by Maples & Calder  in Cayman, and Watson, Farley & Williams in Hong Kong.

Re  Highfield Distribution (2008-2014) – Acted  for the successful liquidators (Grant  Thornton)  in misfeasance and  asset recover  proceedings against a former  company director  in a case  involving the misappropriation of assets and  wrongful post-winding up trading; the case  has  involved various injunctions (including freezing injunctions), civil restraint orders,  trials for the determination of beneficial interests and numerous appeals.

Spencer v Barclays Bank [2009]  All ER  (D) 61 – Strike out of a claim by a company director  and shareholder on “reflective loss” grounds.

UK Aid Ltd v Mitchell & ots [2007]  EWHC 1052  (Ch) – Acting for KPMG liquidators in claims against directors for misappropriation and  diversion of company assets. Successfully obtained summary judgment (David  Richards J).  The  case  also  involved asset tracing and  freezing orders  across multiple jurisdictions including Spain, Switzerland, Andorra, Gibraltar, the BVI  and  the Bahamas. Led by Stephen Phillips QC. Instructed by Addleshaw Goddard  LLP.

Re Mawdley’s [2007]  EWHC 501 (Ch) – Construction issues arising following the conclusion of a sale and purchase agreement.

Joiner v Robinson & ots [2002]  EWHC 90 – Directors’ personal liability for wrongful detention of goods,  in the context of competing insolvency claims between former co-directors.

Joiner v Robinson & ots [2002]  EWCA Civ 160  – Court of Appeal decision dealing with share valuation issues.

Ian is regularly instructed in claims involving financial advisers (including issues of inappropriate portfolio selection and advice), valuers, solicitors (in particular in the context of mortgage and other financial transactions), and  other professionals. He has particular experience of the application the Contracts (Rights of Third Parties) Act 1999 in the professional negligence context.

Recent instructions include acting for a bank  in a claim by a mortgagor alleging negligent valuation and sale, and acting for solicitors in relation to allegations of mortgage fraud. Ian was also recently instructed in a large-scale claim against solicitors involving allegations of breach of fiduciary duty, conflict of interest, and negligence in relation to the conduct of previous proceedings. A further recent  case  involved a substantial claim against a property developer in relation to a large-scale mortgage fraud.

Ian has litigation experience in  the  context  of disputes in  a number of offshore jurisdictions, including The Bahamas, BVI,  Cayman, and the Isle  of Man. He is called to the Bar of the BVI.

Notable  cases include:

Sian Participation Corp v Halimeda International Ltd (2021) – Liquidation proceedings in the BVI concerning the enforcement of a £1 billion corporate debt in the context of an alleged ‘corporate raid’ concerning strategic assets in Russia.

Henderson v Alico & others (2016) – Isle  of Man  litigation concerning the deduction of allegedly unlawful commissions from a substantial investment fund  held in the form of insurance bonds.

Temp& Maxima v Fortuna  (2011-2014) – Litigation in Cayman and  the BVI  concerning a $500m development in  Vietnam; the  case  involved claims by  minority shareholders for  breach of a shareholders’ agreement, and various company law  claims as  to the  validity of key  corporate resolutions. Instructed by Maples & Calder  in Cayman, and Watson, Farley & Williams in Hong Kong.

Cantrade Privatbank AG v Fortis Fund Services (Bahamas) Ltd (2004) (part  of the Oracle Litigation). Acting for a Swiss bank  in relation to proceedings in the Bahamas arising from the liquidation of the Oracle Fund.