Ian McDonald

Ian is regularly instructed, as both junior and sole Counsel, in a broad range of commercial disputes. Recent examples of such work include:

• Acting for a public sector services provider in commercial litigation against a local authority (led by George Spalton);
• Junior to Can Yeginsu in a claim arising out of a services agreement for the provision of certain tax and VAT services;
• Assisting with an advice on a multi-million pound breach of contract claim brought by a financial practitioner;
• 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;
• Drafting Particulars of Claim in a claim for breach of fiduciary duty/restitution, arising out of a contract for the provision of online payment solutions;
• Representing a property company in a breach of contract/restitution claim concerning issues of privity of contract and assignment;
• Drafting Particulars of Claim for the return of monies following the frustration and/or breach of an exclusivity agreement; and,
• Advising upon and defending a substantial debt claim arising out of a business-t0-business facilities management contract.

Ian is a member of COMBAR.

Ian has particular expertise in the conflict of laws. His recent work in this area includes:

• Junior to Matthew Bradley in 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);
• Assisting with advising a travel and lifestyle services provider upon a jurisdiction challenge under the recast Brussels I Regulation (in particular, the choice-of-court and lis pendens provisions);
• Assisting with advising upon service out of the jurisdiction in a large multi-jurisdictional action for deceit; and,
• Assisting with advising upon conflict of laws 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 has also worked as a teaching assistant on the Conflict of Laws module on the BCL at the University of Oxford, and has delivered tutorials in the same subject to visiting students at St Catherine’s College, Oxford.

During pupillage, Ian also taught BPTC Commercial Dispute Resolution classes on jurisdiction and foreign judgments at BPP University, and 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 is frequently instructed, as both junior and sole Counsel, in a wide variety of professional liability disputes, including:

• Acting for a development manager in a multi-party claim arising out of the procurement and development of a multi-million pound retail and residential project (led by Graeme McPherson QC);
• Junior to George Spalton in a high-value claim brought by a former client against a firm of chartered accountants and auditors;
• Acting in proceedings concerning the introduction of investment and tax planning opportunities (led by Ben Smiley); and,
• Numerous actions (as sole Counsel) 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; and,
• Numerous claims (as sole Counsel) for and against financial practitioners and construction professionals.

Ian is also an editor of Jackson & Powell on Professional Liability (Sweet & Maxwell, Third Supplement to the 8th edition, 2019).

Ian is developing a practice in civil fraud, his experience of which includes:

• Junior to Helen Evans in an urgent application for freezing and proprietary injunctions and a Norwich Pharmacal order, arising out of a former solicitor’s fraudulent misconduct;
• Acting for a foreign government in proceedings against a former government lawyer for recovery of secret commissions and fraud and deceit (led by George Spalton);
• Assisting with the defence of a multi-million pound unlawful means conspiracy claim against a Russian businessman; and,
• During pupillage, an application for a worldwide freezing injunction, arising out of a multi-million pound fraud.

Ian is a member of the Commercial Fraud Lawyers Association.

Ian has also been instructed in numerous construction cases, including:

• Acting for a sub-contractor in an adjudication claim – led by Hugh Saunders – over a £1.2million final account dispute arising out of an NEC sub-contract relating to a highways project;
• Acting as part of a Counsel team led by Garry Borland QC in a complex adjudication claim against one of a main contractor’s engineers arising out of a PFI roads scheme;
• Junior to Hugh Saunders in a £2million claim relating to the defective design of a new £4million private residence;
• Acting for a housing association in a £7million dispute arising out of the termination of a number of PPC2000 contracts (led by Hugh Saunders);
• Acting in a subrogated recovery claim arising out of an escape of water at a hospital; and,
• Drafting Particulars of Claim on behalf of a construction company against a mechanical and electrical engineer, following a fire at an office block.

Ian is also developing a practice in international arbitration, his experience of which includes:

• Junior to Can Yeginsu as part of a legal team instructed in an international commercial arbitration, under the ICC Rules, arising out of a construction project in Argentina;
• Assisting with advising upon questions of illegality arising in a UNCITRAL arbitration relating to the construction of housing in Africa;
• Junior to Tim Chelmick and Can Yeginsu in an arbitral dispute over the procurement, construction, testing, and commissioning of a Heavy Fuel Oil power plant in Africa; and,
• During pupillage, a UNCITRAL arbitration relating to a concession agreement in respect of an international airport.