Ian Wilson QC

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.

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.

Tempo & 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.

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.

Tempo & 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.