Ewan McQuater QC

Call 1985; QC 2003; MA Hons (Cantab) (first class)
Email: emcquater@3vb.com

Ewan McQuater QC is consistently rated in the legal directories (Chambers and Partners and the Legal 500) as a leading silk in the areas of:

• banking and finance
• commercial litigation
• chancery/commercial litigation
• civil and commercial fraud
• corporate restructuring / insolvency
• commercial arbitration
• offshore work

Ewan has been nominated by the Chambers Bar Awards for Banking and Finance Silk of the Year in both 2010 and 2011. He is recognised in Chambers and Partners as a Star at the Bar, ranked in 7 practice areas:

"The "ferociously bright" Ewan McQuater has established a thriving practice at the Commercial Bar. Described by sources as "a first choice for difficult banking cases,"...General commercial disputes and restructuring matters, particularly those with a complicated cross-border element, also form a large part of his caseload. In court, "he not only wins but does so with style" thanks to his astute sense of strategy and excellent cross-examination skills. Allied to this, he is "incredibly pragmatic," taking care to blend his "excellent analytical skills with a strong commercial approach." Combining this versatile skill set with "a complete lack of arrogance," McQuater's "hard-working, hands-on and easy to work with style" will no doubt ensure he remains highly sought after by clients for many years to come".

Ewan brings a wide range of advocacy and advisory skills to any dispute. He combines recognised expertise in the banking practices and instruments which underpin many current disputes with his extensive experience and knowledge of the insolvency and restructuring context which can be key to determining strategy. His strong reputation in civil fraud cases and his recognition in broader areas of commercial and commercial/chancery work mean that he has the skills to cover the client's needs across the board. He has developed a powerful reputation in court and as a trial advocate, having fought and won a series of substantial trials in silk. His skills as "an outstanding cross examiner" who is "recognised for his stunning intellect, attention to detail and teamwork" frequently attract praise, as does his "hugely industrious and fully committed approach" (Chambers and Partners 2011).

Recently Ewan has been involved in a series of key decisions on the interpretation of standard finance documentation, including both ISDA swaps agreements and structured finance documentation. He is extensively involved in litigation arising from the collapse of Lehman Brothers and assisted Citibank in its successful defence of Terra Firma's claims arising from its purchase of EMI. Ewan acted for the administrators in the alleged banking fraud arising from the demise of British Seafoods and is also lead counsel for the Algosaibi family in a US$10 billion fraud claim against Mann Al Sanea and the Saad group. He successfully defended HSBC in the Court of Appeal in relation to the 5th Avenue Partners fraud, he has advised the Bank of England in relation to the collapse of the Icelandic banking system, advised prime brokerage clients of Lehman Brothers on the implications of its administration and advised Nomura in relation to its purchase of Lehman assets. In 2007 he successfully defended HSBC in a 8-week trial relating to a banking fraud perpetrated by the Liberal Democrats' biggest ever donor and successfully defended Standard Bank at trial on advance payment guarantee and fraud issues. In 2008 he successfully defended Honeywell Inc at a 12-week trial against a £3.5 billion claim in relation to a failed automotive development project. In 2005 and 2006 he succeeded at trial (in the Kensington v Congo litigation) in piercing multiple corporate veils of offshore companies on the basis of fraud, to enforce judgments in England and Bermuda, as well as appearing in the Privy Council in the landmark cross-border insolvency decision of Navigator Holdings. He has also recently appeared in substantial arbitrations relating to the alleged mispricing of hedge fund securities and derivatives and misreporting of hedge fund valuations, an arbitration concerning oil and gas concessions off West Africa and he successfully represented the international food company Heinz in resisting enforcement of a Hungarian arbitration award on grounds of public policy.

Over time Ewan has acted extensively in high-profile commercial, banking, fraud and insolvency disputes arising out of various corporate collapses and frauds including BCCI, Barings Plc, the Arrows Formula One team, the Maxwell Group, Grupo Torras, the Oracle Fund and the Versailles Group. He has advised and acted in relation to the restructuring of Queen's Moat Houses, Meridien Hotels, Telewest, Eurotunnel, the Navigator Group, the London Eye, Polestar, TMD Friction, the Four Seasons healthcare group and Carl Zeiss and advised in relation to the contested takeover bids for Canary Wharf. His wide range of clients includes banks, hedge funds and corporate sector clients. He acted for Prince Jefri of Brunei in his dispute with the State of Brunei and has frequently acted in international arbitrations and in litigation in the courts of English law based jurisdictions including the Cayman Islands, Bermuda, The Bahamas, Hong Kong, Singapore, the Isle of Man and Brunei. He is a member of the Insolvency Lawyers Association (ILA), a Member of the Association of Business Recovery Professionals (MABPR) and a member of the Times Law Panel. He was rated as a top silk in Legal Week's survey of the Commercial Bar (2005).

The legal directories (Chambers and Partners 2011/Legal 500 2010) describe Ewan as:

"undoubtedly a star turn in the courtroom ... the sort of barrister who channels his aggression well"

"absolutely first class"

"an outstanding cross-examiner"

"hugely industrious and fully committed"

"a natural choice for all banking matters but especially those with a fraud or insolvency twist"

"recognised for his stunning intellect, attention to detail and teamwork"

"his robust approach and eye for getting straight to the heart of a matter set him apart"

"insolvency meets banking expertise and one of a small group of QCs we trust on high-end restructuring matters".

Areas of Practice

Commercial litigation and arbitration, banking and finance, chancery/commercial litigation, civil/commercial fraud (including tracing and asset recovery), insolvency and restructuring, energy disputes, conflict of laws and professional negligence (lawyers, accountants, surveyors).

Publications and Articles

• Assistant editor of the Encyclopaedia of Banking Law (LexisNexis/Butterworths) 1985-2005. 
• Contributed articles to Butterworths' All England Legal Opinion and the Journal of International Banking and Financial Law. 
• Contributed to Bullen & Leake's Precedents of Pleadings.

Awards

• JJ Powell Prize Winner 
• Harmsworth Scholar 
•  Lloyd Jacob Prize Winner 
•  Baron Dr C Ver Heyden de Lancey Open Award Winner

Languages

French