Graeme McPherson QC

“Very user-friendly.” – Legal 500, 2020

“A very good advocate whose pleadings are very clear. He is very forthright, gives really clear advice and is very popular with clients.” “His advice on coverage is very thorough and also helpfully commercial.” – Chambers & Partners, 2020

Graeme has extensive experience in most fields of professional negligence practice.

He was Chambers & Partners’ Professional Negligence Silk of the Year in 2015/2016.

A full CV is available on request.

“Very knowledgeable, and good to work with at a senior level.” – Legal 500, 2020

“His advocacy is supreme and he can always be relied upon for a high standard of written work. He has a complete understanding of sports matters and the ability to advise in a practical manner. As a trainer himself, he has unparalleled understanding of horse racing at the Bar.” – Chambers & Partners, 2020

“A genius in all things equestrian.” – Legal 500, 2019

“Excellent advocate.” “Also a licensed trainer and has a deep knowledge of the horse racing industry.” “The best option if you can get him.” – Chambers & Partners, 2019

Graeme is considered to be one of the top silks practicing in the field of sports law. He is regularly instructed by governing bodies and competitors alike in domestic and international disciplinary matters across a huge variety of sports, as well as in connection with commercial disputes arising in a sporting context. He appears regularly before a wide range of domestic and international Tribunals.

Graeme is a Sports Legal Arbitrator member of Sport Resolutions’ Panel of Arbitrators and is regularly nominated by Sport Resolutions and parties to sit in that capacity (including as a Rule K Arbitrator in football disputes). He has (as Chair or sole Arbitrator) conducted numerous arbitrations in recent years across an array of sports – football, rugby, cricket, athletics, motor sport, horse racing and other equestrian activities, swimming and other aquatic sports, shooting and numerous Summer and Winter Olympic and other sports. Recent appointments include the resolution of issues arising out of the cancellation and postponement of sporting events due to the worldwide COVID-19 outbreak.

Graeme is a member of the Judicial and Appellate Committees of various sporting bodies and has been sat in that capacity to determine a wide array of disputes and charges. He has been a Chairman’s Panel Member of the FA Judicial Panel since 2018, a Panel Member of the Premier League Judicial Panel since its inception and Chair of the Board of Appeal of Table Tennis England since 2019. He has sat on the Rules and Regulatory Committees of a number of sports governing bodies.

Graeme is widely recognised as the leading Silk for equine sporting matters. He acts for and against trainers, jockeys, owners and bloodstock agents in litigation and is instructed by the British Horseracing Authority, the National Trainers Federation and the Professional Jockeys Association, as well as their overseas equivalents, to advise and to appear at Inquiries, Disciplinary hearings and Appeal hearings around the world. He has also been instructed to represent professional riders from other equine disciplines at hearings before the FEI, CAS and the BOA.

As well as equine sporting work, Graeme is recognised in the Directories as a Tier 1 Silk in the wider sporting field, and has been instructed in recent years in connection with national and international disputes and disciplinary matters across an extensive range of sports including football (Premier League & FA), rugby union (RFU & World Rugby), athletics (IAAF), cricket, swimming, boxing, motor racing (including F1) and numerous other sports. He acts for sporting governing bodies, players, athletes, clubs and other entities in the full range of sports-related matters, including in relation to misconduct and other disciplinary issues, betting, selection, doping, funding, governance, media concerns, sponsorship contracts, broadcasting deals and other commercial matters. As well as acting as advocate and adviser in contentious disputes and disciplinary matters, he also accepts instructions in non-contentious matters, such as constitutional or transactional advice and drafting. He has appeared before domestic and international tribunals at all levels, including CAS.

Graeme was appointed to the specialist Advocates Panel for the 2012 Olympics and 2014 Commonwealth Games Legal Advice and Representation services, and represented competitors and governing bodies before the ad hoc CAS at each Games.

High profile and interesting sports cases in which Graeme has acted include

• Mullins v. The Jockey Club – a challenge in the courts to the decision of the Appeal Board of the Jockey Club to disqualify the winner of a Class 1 race. The case is now one of the leading authorities on the amenability of sporting bodies to judicial challenge
• FEI v Whittaker – successful defence of international showjumper accused of doping
• BHA v Turner & Behan Re: CASELA PARK – the successful prosecution of a trainer and jockey accused of ‘stopping’ a horse (i.e. deliberately and corruptly restraining a horse to prevent it from winning a race that it would have won), the first such successful prosecution in the United Kingdom for more than 20 years
• Arachi v Fallon – a successful attempt by the owner of a racehorse to obtain a last-minute injunction to prevent a retained jockey from riding a rival horse in the English Derby.
• BHA v Howard Johnson – the successful prosecution of a leading National Hunt racehorse trainer on welfare charges and charges arising out of the administration of anabolic steroids, the first of its kind in the United Kingdom

• Burton v British Shooting – acting for a clay pigeon shooter in the successful challenge of the decision of her national body not to select her for the Olympic Games

• BHA v Al Zarooni; BHA v Butler – prosecutions for misuse of anabolic steroids in racehorses

• BHA v Hughes; BHA v Dwyer; BHA v Cosgrave – applications that substantial suspensions imposed by overseas jurisdictions should not be reciprocated in England as being in breach of natural justice

• Banks v BHA – litigation over the scope of the duty of care owed by the BHA to ‘financial participants’ in horseracing

• SIMPLE VERSE – acting for the Qatari royal family on their successful appeal against the demotion of SIMPLE VERSE as winner of the St Leger

• RFU v Wilmott – defending a rugby player accused of attempting to traffic HGH

• Sports Mantra v Force India – acting in connection with a Formula 1 sponsorship dispute

• BHA v Best & John – charges arising from the ‘stopping’ of 2 horses by a jockey on the instruction of the trainer

• Pelosi v West Bromwich Albion FC – litigation over the scope of the FA’s Rule K arbitration provisions

Graeme has long undertaken a wide range of commercial and commercial chancery work, including complex commercial fraud litigation. He has also extensive experience of claims for losses from  business interruption due to a wide variety of causes. He is well-recognised for his cross-examination and advocacy skills in such cases.

Recent and ongoing reported/substantial cases and arbitrations include

• Thomas & Others v Capita Group plc & other (Comm) – group litigation brought by investors in an offshore film-finance tax scheme
• Premier Profiles Ltd v. Kronos Inc (Comm) – protection of confidential trade information in the chemical industry in a product liability claim
• Platform Funding v Persimmon Homes (Ch) – fraud claim arising out of a substantial property development
• Sunderland Mutual Marine v Wiseman (Comm) – conflict of laws dispute as to the correct forum for a claim arising out of an alleged insurance fraud
• Webster v Sandersons (QB & CA) – recoverability of reflective loss
• Spreadex v Barnes & DAC (Ch) – dispute over the entitlement of a spread-betting company to recover substantial losses sustained by an individual in financial trades
• Baxter v Howrey LLP (Comm) – claims arising out of mishandled international arbitration
• Newgate Stud Company v. Penfold (Ch) – equitable recovery claim arising from the malpractice/fraud of a former director of a world-renowned bloodstock company
• Marrache v Baker Tilly (Gibraltar) – multi-party litigation in Gibraltar arising out of the collapse of a substantial law firm
• Connaught & others v Capita (Comm) – group litigation arising out of the collapse a significant bridging lender (Tiuta plc)
• Harlequin v Wilkins Kennedy (TCC) – litigation arising out of the failure of a Caribbean property venture
• Ackerman v Thornhill (Ch) – fraud/conspiracy claim arising out of the ‘carve up’ of a vast multi-jurisdictional property & business empire
• Bank of Scotland v Dundas & Wilson & Others (Comm) – claims arising out of an alleged conspiracy to defraud
• Re Duff & Phelps (Scotland/Comm) – conspiracy and fraud claims arising out of the liquidation and administration of Rangers FC
• Re X (Comm/Italy) – litigation arising out of the enforcement of a substantial international arbitration award concerning the construction of a mega-yacht
• Re HEC & Deep Purple (Ch) – worldwide litigation involving the alleged theft of royalties from members of a 1970s band
• IMP v Bushy Park (Arb) – european arbitration arising out of the cancellation of the Motor Race of Champions in Barbados
• Pelosi v West Bromwich Albion FC (Comm/Arb) – litigation over the scope of the FA’s Rule K arbitration provisions
• Acting in connection with the recovery of assets diverted from a Czech bank account to the Far East in an internet scam
• Acting for a disappointed beneficiary in litigation arising out of a forged will
• Acting in litigation arising out of the sale of an extremely valuable Impressionist masterpiece in New York & Switzerland
• Defending arbitral claims arising from delays and failures in the construction of the Airbus A400 military aircraft
• Acting in litigation following the de-regulation of the mobile telecommunications market in the Baltic states

Graeme has wide experience as both advocate and arbitrator in arbitrations conducted under a wide variety of institutional and procedural rules.  He has dealt as both arbitrator and counsel with cases involving a range of national laws.

As arbitrator, Graeme has served as chair and as sole arbitrator, as well as a party-nominated arbitrator.

“He has encyclopaedic knowledge of the papers and a sharp focus on the key issues of a case.” – Legal 500, 2020

“Very knowledgeable and great at devising case strategy. He gets to grips with the papers and issues quickly and is responsive to requests for urgent advice or the preparation of urgent pleadings.” – Chambers & Partners, 2020

“A stickler for detail and prepares for every hearing exceptionally thoroughly.” – Legal 500, 2019

“Great attention to detail and extremely thorough preparation.” “He’s incredibly bright and can translate that across various different regulatory tribunals.” – Chambers & Partners, 2019

Graeme has a long track record in the field of Disciplinary Work. This element of his practice is split between Professional Disciplinary work (where he is principally instructed on behalf of barristers, solicitors, accountants, auditors, financial professionals and vets) and Sports Disciplinary work (where he is instructed by governing bodies and competitors alike). Graeme accepts instructions to appear in domestic and international regulatory hearings.

Due to the sensitive and confidential nature of regulatory hearings, a list of reported and significant hearings is not included. A full CV is however available on request.

Having authored the chapters in Jackson and Powell on Professional Liability concerning financial regulation and financial practitioners for many years, Graeme is regularly instructed in  a wide variety of FCA- and FSMA-related matters.

Recent and ongoing cases include

• Acting for an offshore Government seeking to recover in excess of $100 million on behalf of defrauded investors
• Acting in a substantial fund mis-management claim
• Advising various public bodies in connection with the recovery of funds trapped in Iceland
• Representing a US attorney in connection with a multi-jurisdictional FSA investigation
• Representing a Brazilian bank pursuing litigation in the BVI and the Bahamas
• Offshore litigation involving the mis-selling of wine futures
• Standard Life v Collins & others (Comm) – litigation arising out of the collapse of Cattles plc
• Connaught v Capita (Comm) – group litigation arising out of the collapse a significant bridging lender (Tiuta plc)
• Wey Bridging v Ernst & Young and Hacker Young (Comm) – claims arising out of widespread frauds committed within a financial services company

“He is a brilliant advocate with a fantastic eye for detail.” – Legal 500, 2020

“Very impressive.” “A competent pleader.” – Chambers & Partners, 2020

“First rate, very user friendly and a great strategist.” – Legal 500, 2019

Graeme is regularly involved in complex and high-value insurance litigation and arbitrations. He has extensive experience of litigating and arbitrating claims arising under various business interruption wordings. He has extensive experience of a wide variety of market and bespoke policy wordings. He is regularly appointed as Arbitrator to resolve coverage disputes.

Recent and ongoing reported/substantial cases and arbitrations include

• Zurich Professional Limited v Brown & Barnes (Ch) – scope of Solicitors’ Minimum Terms and Conditions
• Shawton Engineering Ltd v DGP Design Ltd (TCC & CA) – dispute over whether construction work at Sellafield fell within the scope of a PII policy
• Kidsons v Various Underwriters (Comm & CA) – dispute over the effectiveness of claims arising from the mis-selling of exotic tax avoidance products
• Keydata litigation (Comm) – fraud claims arising of film schemes
• litigation arising out of the arbitration of a Hong Kong construction dispute
• an arbitration arising out of the collapse of a Guernsey-based financial services provider
• Acting for a leading UK actuarial firm in connection with a notification dispute with its PI insurers
• Acting on behalf of various layers in a number of significant aggregation arbitrations
• Acting on behalf of insurers challenging the adequacy of notification of claims in pension & bond mis-selling claims
• Acting on behalf of non-executive directors in an AIM-listed investment company in a coverage dispute with D&O insurers arising from Russian litigation
• Re X (Scotland/Comm) – an insurance dispute concerning conspiracy and fraud claims arising out of the liquidation and administration of Rangers FC

Having authored the chapters in Jackson and Powell on Professional Liability concerning financial regulation and financial practitioners for many years, Graeme is regularly instructed in  a wide variety of FCA- and FSMA-related matters.

Recent and ongoing cases include

• Acting for an offshore Government seeking to recover in excess of $100 million on behalf of defrauded investors
• Acting in a substantial fund mis-management claim
• Advising various public bodies in connection with the recovery of funds trapped in Iceland
• Representing a US attorney in connection with a multi-jurisdictional FSA investigation
• Representing a Brazilian bank pursuing litigation in the BVI and the Bahamas
• Offshore litigation involving the mis-selling of wine futures
• Standard Life v Collins & others (Comm) – litigation arising out of the collapse of Cattles plc
• Connaught v Capita (Comm) – group litigation arising out of the collapse a significant bridging lender (Tiuta plc)
• Wey Bridging v Ernst & Young and Hacker Young (Comm) – claims arising out of widespread frauds committed within a financial services company

“His input into strategy demonstrates a robust and adaptable command of the tribunal process.” – Legal 500, 2020

Graeme has in recent years represented clients in a number of offshore jurisdictions, including Gibraltar, the Caribbean and the Channel Islands. In addition, he is regularly instructed to appear overseas in arbitrations and regulatory hearings.

A full CV and list of jurisdictions where Graeme has rights of audience are available on request.

Graeme regularly acts for companies, individuals and their respective insurers in relation to claims arising out of damage to property caused by fire, flood, explosion, storm, impact, subsidence, heave or water penetration.  He is instructed by insurers in subrogated recovery claims, and for defendants (and their insurers) in defending claims and/or passing liability on to other parties.

Graeme has experience in the issues of negligence, nuisance, Rylands v Fletcher, ignis suus and vicarious liability which typically need to be considered and applied in property damage claims. His experience in other fields – insurance, professional liability and construction – enables him to take a holistic approach to property damage claims and bring expertise in all fields to bear.

A full CV is available on request.

Graeme has represented clients in a number of significant, complex civil fraud cases in recent years. He is renowned for the quality of his advocacy and the strength of his cross-examination.

Due to the sensitivity of disputes in this area, cases are not listed. However, a CV is available on request.

Graeme is an experienced mediator who has enjoyed great success in the field. He undertakes a wide array of commercial mediations and has a reputation as being particularly effective in mediations involving sporting disputes.