Michael McLaren QC
Call date
1981
Silk date
2002
Practice Areas
Michael McLaren QC has a well-established practice in all aspects of commercial litigation and regulatory / disciplinary matters, with particular expertise in the following areas:
- Aviation
- Banking
- Regulatory / disciplinary
- Professional negligence
Recent examples of his practice are set out below.
Recommendations (Practitioners' Guides)
Michael is recommended in practitioners’ guides in the categories of Aviation and Commercial Litigation / Commercial Dispute Resolution. Comments in practitioners’ guides have included the following:
“Hard-hitting” Chambers UK – Aviation 2011
“Determined advocate who is a real iron fis tin a velvet glove” Chambers UK Commercial Dispute resolution 2011
“thoroughness, determination and commitment are second to none” [Legal 500 2010 (Aviation)]
"technically astute and formidable practitioner" [Chambers & Partners 2010 (Aviation)]
"an incredibly suave style of advocacy which is hugely effective," [Chambers & Partners 2010 (Commercial Dispute Resolution)]
‘regarded as providing the “best service and the best solution”’ [Chambers & Partners 2009 (Aviation)]
“prepared to burn the midnight oil to achieve the right result” [Chambers & Partners 2009 (Commercial Dispute Resolution)]
‘thorough and extremely pleasant, “covers every angle”’ [Chambers & Partners 2008 (Commercial Dispute Resolution)]
Education
Eton College (scholar)
Christ’s College, Cambridge: MA (Law) Cantab (1st Class Hons.)
Recent Practice
Aviation
Michael’s practice covers all aspects of aviation, including the following:
- acting for major US aircraft lessors seeking to recover an allegedly defective Boeing aircraft from a bankrupt national airline, Olympic; key judgment on proper construction of “hell and high water” clause [2010] EWHC 923 Comm.
- acted for the vendors of a new executive jet when the purchasers declined to complete due to the credit crunch; judgments on jurisdiction ([2009] EWHC 1450 (QB) (Com)) and on penalty clause ([2010] EWHC 40 (Comm)).
- acted for the owners of another executive jet in an LCIA Arbitration with the manufacturer / repairers, Gulfstream.
- advised Kingfisher (a major Indian airline) in its dispute with manufacturer as to non-contractual condition of leased aircraft due to defects in the design and manufacture of aero engines (2009)
- acted for the owner of a vandalised Boeing aircraft in their claim against a UK airport for lack of adequate airport security
- acted for Kaupthing (as mortgagee of an aircraft) seeking preservatory relief in relation to an executive jet subject to multiple liens of others.
- acted for Eurocopter in product liability claims arising from several fatal accidents allegedly caused by the failure of helicopter gearboxes
-
advised bmi (British Midland) as to a possible judicial review challenge to Heathrow airport charges
Banking and finance
Michael has wide experience of banking disputes, particularly Russian disputes, including the following:
- acted on behalf of a Russian bank in a trio of very substantial cases against an oligarch and his companies, with extensive Siberian oil and gas interests. (The claims were for c.US$250m and c.US$115m, + an arbitration for c.US$250m; and the pleaded counterclaims were for c.US$5bn.) Successfully retained freezing injunction against strong challenge ([2009] EWHC 2630 (Comm)). The 10-12 day trial adjourned part heard, and all cases settled in August 2010 on very favourable terms.
- provided opinions on English banking law for Russian courts in two unrelated cases (2010).
- advised financial intermediaries as to the merits of a possible challenge to Financial Services Authority Rules (2010)
- advised a borrower in relation to the lender’s attempted implementation of a “Market Disruption Clause” in an aircraft financing agreement.
Arbitration
Michael’s varied experience of arbitration includes the following:
- acted for Russian bank in arbitration for c.US$250m (2010)
- acted for owners of executive jet in LCIA Arbitration with manufacturer / repairers, Gulfstream (2010)
- advised as to the jurisdiction of arbitrators in a substantial commodities (zinc-trading) arbitration involving Trafigura BV
- acted for a packaging manufacturer in an arbitration of a dispute as to commission payments.
- advised a Russian property developer in relation to a partnership / JV dispute concerning development land in Moscow (English arbitration clause)
- acted for a ferry company in an arbitration against the shipbuilder for defective construction of a fast ferry
Regulatory / Professional Discipline
Michael’s wide experience in the field of professional discipline includes the following:
- acted for the SRA in successfully resisting appeals challenging not only a Solicitors Disciplinary Tribunal (SDT) decision, but also the delay by the SDT in producing reasons and the role of the SDT clerk ([2009] EWHC 918 (Admin); and [2010] EWCA Civ. 100)
- acting for the SRA in challenging the basis on which costs are (increasingly often) not awarded to the SRA in the SDT (2010)
- acting for the SRA in challenging the SDT’s decision not to strike off a solicitor found to be guilty of dishonesty (2010)
- acted for a leading insolvency practitioner in ICAEW disciplinary proceedings (2010)
- acted for the SRA in successfully resisting an appeal as to whether a finding of Inadequate Professional Service (IPS) made after bankruptcy was a bankruptcy debt ([2009] EWHC 1943 (Admin))
- acted for the SRA as an interested party in injunction proceedings brought by a former Law Society President concerning the threatened publication by Private Eye of a confidential informal reprimand ([2009] EWHC 39)
- acted for the Bar Council in seeking to defend a challenge to the composition of the Visitor’s Panel hearing a disciplinary appeal ([2005] 1 WLR 3019)
- acted for and/or advised various senior accountants in three unconnected high-profile Joint Disciplinary Scheme (JDS) complaints; and also has advised and acted for accountants before all levels of disciplinary tribunals (ACCA, ICAEW and JDS)
- advised the AADB in relation to procedural matters in another intended complaint.
- acted for the Insolvency Practitioners Association in a challenge to their procedures.
- advised and acted for solicitors in their relations with the Law Society, including in connection with actual or threatened interventions and disciplinary proceedings
Other regulatory work includes the following:
- advised financial intermediaries as to the merits of a possible judicial review challenge to Financial Services Authority Rules (2010)
- advised a major airline (BMI, the second biggest user of Heathrow) as to the merits of judicial review challenge to Heathrow airport charges (2008)
Professional negligence
Michael has particular experience of accountants' negligence, including:
- acted (as a junior) for Stoy Hayward in the £350m litigation resulting from the collapse of Polly Peck International
- acted for accountants in various other claims based on the negligent audit of accounts or negligent approval of financial statements prepared in the context of bids / share-purchase agreements
- acted against accountants in claims for negligent tax advice
- acted for accountants engaged by a regulator to carry out various spot-checks on licensed conveyancers
His experience of negligence claims against other professionals includes the following:
- acted (in 2008) for solicitors facing £25m claim for negligence in relation to share purchase agreement; 3-week Chancery trial settled very favourably
- acted (as a junior) for Richard Ellis in defending c.£100m claim for Trocadero development.
Chancery
Michael has varied experience in the Chancery Division, including:
- Knowing receipt / dishonest assistance: acted for the SRA in two trials to recover from knowing recipients the proceeds of 3 very substantial mortgage fraud schemes perpetrated by dishonest solicitors ([2010] EWHC 1449 (Ch) and [2010] EWHC 1670 (Ch))
- Trustees’ duties: acted for a widow in the trial of her action for breach of duty against the trustees of her deceased husband’s life assurance policy ([2009] EWHC 3064 (Ch)).
- Company law: acted in section 459 petitions and advised in relation to voting rights and obligations of preference shareholders arising under a Shareholder Agreement.
Other commercial dispute resolution
Apart from the above, Michael’s broad commercial practice has covered the following:
- Conspiracy: acted for a key alleged conspirator in the litigation stemming from the notorious Equatorial Guinea coup, including successfully striking out claim at first instance ([2005] EWHC 2034) and in CA ([2006] EWCA Civ 1370). The case went to the HL (billed by The Lawyer as one of the top ten cases for 2008); was adjourned part heard; and then the other side withdrew the appeal.
- Assignment: acted successfully for a financing company in an appeal as to the jurisdiction of and principles to be applied by a court when requiring assignees of claims to provide security for the payment of costs ordered to be paid by the assignor ([2006] EWCA Civ. 9).
- Insurance: acted and/or advised in a variety of insurance disputes, including acting for P&I Clubs, mortgagee banks in hull policy cases, hire purchase protection policies and other commercial insurance policies. These include the leading cases of Kler Knitwear Ltd. v. Lombard General Insurance Co. Ltd. [2000] Lloyd's IR Reports 47 and British Credit Trust Holdings v. UK Insurance Ltd. [2004] 1 All ER (Comm) 444
- Competition: acted for Rover / BMW and Unipart in a substantial anti-competitive practices claim against them.
- Construction + energy: acted and advised in a variety of construction disputes and energy disputes, including a dispute concerning a combined heat and power plant.
- Shipping: (as a junior) extensive experience of shipping disputes.
Publications
Contributor to Butterworth’s Guide to the Legal Services Act 2007 (LexisNexis)
Co-editor “Commercial Court Procedure” (Sweet & Maxwell)
Michael has also lectured on air law on air industry courses in the Far East, and led seminars on aviation and insurance topics.