Practice
George
McPherson specialises in commercial litigation and arbitration
(including banking, commercial fraud, aviation, insurance
and insolvency).
George
is currently instructed as junior counsel (led by Andrew Sutcliffe
QC) acting for a major animation company in a contractual dispute
arising out of the animation of the "Mr Bean" television
comedy series. He is also acting for a Dubai-based investment
management company in a multi-million pound claim in the Commercial
Court for breach of contract/breach of fiduciary duty in relation
to the launch of an art investment fund (summary judgment hearing
listed for March 2010).
George frequently appears as a sole advocate in the High Court
and County Court. In recent years, he has been instructed in
a number of aviation actions in the TCC and the Commercial Court,
acting for a group of aircraft leasing companies in quantum
proceedings in the TCC worth over $30 million (settled on the
eve of trial in January 2010) and, in 2008 and 2009, in two
connected aviation claims in the Commercial Court, successfully
representing the claimant aircraft leasing company in its application
for summary judgment before Aikens J (in June 2008) and on appeal
by the defendant (in February 2009) (Trident
Turboprop (Dublin) Ltd v. First Flight Couriers Ltd [2008] 2
Lloyd's Rep 581 and [2009] 3 WLR 861).
Main
Practice Areas
- Commercial
litigation and Arbitration
- Commercial
Fraud
- Banking
- Insurance
- Professional
Negligence
- Corporate
and Personal Insolvency
Experience
Commercial
litigation and Arbitration
Instructed regularly in both High Court and County Court matters
in a broad range of general commercial and contractual disputes
including disputes relating to construction of contracts,
commercial fraud, the sale and supply of goods and services
and corporate insolvency.
Current and recent instructions include:
- 2009/2010
:
Acting for a major animation company in a contractual dispute
arising out of the animation of the "Mr Bean" television
series (trial listed for February 2010, QBD). Led by Andrew
Sutcliffe QC. Instructed by Thurloe & Lyndhurst.
- 2009/2010: Acting for investment fund in multimillion
pound claim for breach of contract and breach of fiduciary
duty to recover monies loaned to SPV for purposes of launching
art investment fund. Summary judgment hearing listed for
March 2010. Instructed by Allen & Overy.
- 2009/2010: Acting for three aircraft leasing companies
in quantum proceedings in the TCC against Indian airline
company worth in excess of $30million. Settled January 2010.
Instructed by Allen & Overy.
- 2009/2010: Acting for a major insurance company
defending a substantial claim by a building company arising
out of works purportedly undertaken following the extensive
flood damage to properties in Hull in the summer of 2007.
Settled January 2010. Led by Jonathan Mark Phillips. Instructed
by CMS Cameron McKenna.
- 2008/2009: GB Gas Holdings v. Accenture (UK)
Ltd. Acting (as one of counsel team) for British Gas
in its multi-million pound claim against Accenture in relation
to the British Gas customer billing system. Led by Sonia
Tolaney and Jeffery Onions QC. Instructed by Linklaters.
- 2008/2009: Acting and advising as sole counsel
in connected aviation claims in the Commercial Court. International
supply of goods dispute relating to the leasing of aircraft
and provision of ancillary support services. Successful
summary judgment application in the Commercial Court in
June 2008 before Aikens J:
Trident Turboprop (Dublin) Limited v. First Flight Couriers
Limited [2008] 2 Lloyd's Rep 581. Arguments relating
to validity of exclusion clauses and application of UCTA
1977 to international contracts for supply of goods. Instructed
by Allen & Overy.
- 2008/2009:
Drafting pleadings and advising Malian businessman in relation
to substantial loss of profits claim arising out of car
dealership business. Advising on basis of French documents.
Instructed by Osborne Clarke.
- 2008:
Acting for HLB Kidsons liquidators alleging fraudulent appropriation
of property by a bankrupt. Trial listed for July 2010. Led
by Jonathan Nash QC. Instructed by Holman Fenwick &
Willan.
- 2007/2008:
Acting for PwC liquidators alleging misappropriation of
business by a director in breach of fiduciary duty, with
claims in conspiracy and dishonest assistance and under
ss 317 and 320 of Companies Act 1985 (instructed by Holman
Fenwick & Willan). Instructed in related freezing injunction
proceedings in July 2007. Case settled in April 2008. Led
by Stephen Phillips QC. Instructed by Holman Fenwick &
Willan.
- 2007:
ALS v. Honeywell. Acting for Honeywell (as one of
four counsel team) in substantial commercial court proceedings
involving claim of approximately £388m for alleged
breach of contract and misrepresentation. Instructed by
Wilmer Hale.
- 2006/2007:
I XIS v Corporate & Investment Bank v WestLB AG &
ors. Acting for one of defendants in substantial Commercial
Court proceedings arising out of the collapse of the Box
Clever Group. Claims in negligence and deceit relating to
the securitisation of receivables. Instructed by Lovells.
- 2005/2006:
Successfully acted for overseas government in multi-million
pound ICC arbitration in The Hague concerning termination
of anti-aircraft missile system involving 9 contracts. Dispute
governed by non-national rules of law. Two week arbitration
in January 2006. Led by Ali Malek QC and Richard Brent.
Commercial
Fraud
Fraud and asset tracing work. Experience of obtaining search
and freezing orders.
Current and recent experience includes:
- 2010:
Advising group of minority shareholders in Russian company
in relation to proceedings in BVI and Cyprus for fraudulent
conspiracy against company director and other off-shore
entities to recover damages for loss of value in shareholding.
Instructed by DLA Piper UK.
- 2009:
Acting as sole advocate for food packaging company in application
for disclosure of assets against individual in connection
with extant freezing injunction proceedings. Instructed
by iLaw.
- 2008:
Acting for HLB Kidsons liquidators alleging fraudulent appropriation
of property by a bankrupt. Proceedings adjourned in October
2008. Led by Jonathan Nash QC. Instructed by Holman Fenwick
& Willan.
- 2007/2008:
Acting for PwC liquidators alleging misappropriation of
business by a director in breach of fiduciary duty, with
claims in conspiracy and dishonest assistance. Instructed
in related freezing injunction proceedings in July 2007.
Case settled in April 2008. Led by Stephen Phillips QC.
Instructed by Holman Fenwick & Willan.
- 2006/2007:
IXIS v Corporate & Investment Bank v WestLB AG &
ors. Instructed as one of counsel team in substantial
Commercial Court proceedings arising out of the collapse
of the Box Clever Group. Claims in negligence and deceit
relating to the securitisation of receivables. Led by Sonia
Tolaney and Mark Hapgood QC. Instructed by Lovells.
- 2005:
Instructed in large corporate fraud claim involving applications
in High Court for search orders and freezing injunctions
against a series of individuals. Led by Andrew Fletcher
QC. Instructed by Starr & Partners.
Banking
Frequently acts on behalf of domestic and international banks
and building societies. Since 2007 George has regularly been
instructed by banks in the High Court and County Court in relation
to the continuing bank charges litigation.
Current and recent experience includes:
- 2009/2010:
Acting
for major high street bank in multi-million pound possession
claim against Mauritian company and husband and wife. Instructed
by DLA Piper UK.
- 2009/2010:
Acting for claimant mortgage company in possession action
against defendant occupiers of property involving questions
of estoppel and subrogation. Instructed by DWF.
- 2009:
Acting for major high street bank in trial of preliminary
issues to determine whether business bank charges are capable
of being penalties (trial listed for November 2009). Instructed
by Cobbetts.
- 2009:
Acting for major high street bank in multi-million pound
possession claim against Mauritian company and husband and
wife. Instructed by DLA Piper UK.
- 2008:
Drafting pleadings and advising claimant bank in Commercial
Court action relating to enforcement of multi-million pound
personal and corporate guarantees. Instructed by Lovells.
- 2008:
Successfully acting for claimant bank in two-day trial at
the Birmingham Mercantile Court in claim relating to enforcement
of personal guarantee. Indemnity costs awarded following
finding of dishonesty against defendant individual. Instructed
by Denton Wilde Sapte.
- 2007/2008:
Drafting pleadings and advising claimant bank in relation
to claim under personal guarantee. Defences of misrepresentation
alleged. Instructed by Shoosmiths.
- 2007:
Assisting in drafting defence and counterclaim in relation
to claim under loan agreement and related joint venture
agreement concerning launch, establishment and management
of investment fund. Led by Sonia Tolaney. Instructed by
Slaughter & May.
- 2007:
Acting for high street banks in the London Mercantile Court
in relation to bank charges litigation. Instructed by Ashurst.
Media
and Entertainment
- 2010:
Acting for defendant TV broadcaster/production company in
proceedings for breach of contract brought by participant
in one of its shows. Instructed by Goodman Derrick.
- 2009/2010:
Acting for a major animation company in a contractual dispute
arising out of the animation of the "Mr Bean"
television series. Led by Andrew Sutcliffe QC. Instructed
by Thurloe & Lyndhurst.
Insurance
Advising on construction of professional indemnity policies.
Recent experience includes:
- 2008:
Advising group of investment companies on application of
"claims made" provisions in series of professional
indemnity policies in relation to potential claims alleging
negligent advice. Led by Andrew Onslow QC. Instructed by
Irwin Mitchell.
- 2007:
Advising on the construction of a professional indemnity
policy in the context of an underwriter's right to reduce
the indemnity provided in specific circumstances.
Professional
negligence
Current and recent experience includes:
- 2008-2010:
Acting for multiple claimants (solicitors and mortgage companies)
in claim against solicitor for compensation and common law
damages for breach of solicitor's undertaking. Trial in
Chancery Division listed for December 2009. Instructed by
DWF.
- 2009:
Advising candle manufacturer on merits of claim against
allegedly negligent insurance broker, having regard to duties
owed by broker pre-placement, post-placement and on renewal.
Instructed by Denton Wilde Sapte
- 2007/2008:Instructed
in multi-jurisdictional proceedings relating to allegedly
negligent administration of an investment fund. Led by Andrew
Onslow QC. Instructed by Irwin Mitchell.
- 2008:
Drafting pleadings and advising major bank in action for
negligence against conveyancing solicitors. Instructed by
Cobbetts.
- 2007/2009:
Advising, drafting letter of claim and pleadings for farming
business in damages claim relating to expenses incurred
in connection with prior proceedings arising out of an estate
agent's alleged negligence. Case settled in March 2009.
Instructed by Emrys Jones.
Corporate
and Personal Insolvency
Instructed in relation to general insolvency work, including
winding up and bankruptcy petitions, statutory demands and injunctions
to restrain presentation of winding up petitions.
Experience includes:
- 2009:
Advising in relation to costs sharing application in the
High Court (Birmingham District Registry) for the purposes
of funding a series of related insolvency proceedings. Instructed
by HBJ Gateley Wareing
- 2005:
Multiple instructions to appear in the High Court on applications
for discharge of series of old-style administration orders
relating to the Maxwell Group of companies. Instructed by
Allen & Overy.
- 2005:
Instructed to appear in the High Court to appeal Registrar's
refusal to order winding-up of company. Instructed by Woolsey,
Morris & Kennedy.
Talks
George
has given talks on the following subjects:-
- The
new Part 36 regime under the CPR
- The
privilege against self-incrimination (with Jonathan Davies-Jones)
Awards
Major
Scholar, Inner Temple 2001 and 2002
"Congratulatory" First in French and Spanish (2000)
Scholar, Brasenose College, Oxford University (1997-2000)
Languages
Fluent Spanish and very good French
Professional
Membership
COMBAR
Inner Temple
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