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Gray's
Inn
London WC1R 5NT
Tel: +44(0)20 7831 8441
Fax: +44(0)20 7831 8479
DX: LDE 331
chambers@3vb.com |
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Ian
Wilson has a commercial litigation practice, specialising in
banking and finance, commercial fraud, insolvency, professional
negligence, and sale of goods, He has wide litigation experience
both as a junior and as an advocate. Ian has been consistently
listed as a leading junior in Banking
in the Legal 500 since 2004. Chambers & Partners (2007)
also list Ian as a leading junior in banking and finance, and
describe him as "approachable", "good with clients",
and "a technically excellent individual".
Main
Practice Areas
Banking
and Finance
Commercial
Litigation
Commercial
Fraud
Insolvency
Professional
Negligence
Practice
Banking
and Finance
Wide ranging experience, having regularly acted in domestic
and international disputes including all aspects of the
taking and enforcement of credit and security.
Author
of the banking chapter in Bullen & Leake.
Recent
cases:
- Wilson v Barclays Bank (Lawtel, 14 Dec
07). Successfully defended a substantial damages claim
arising out of an alleged failure to establish an electronic
payment facility.
- ST Microelectronics NV v. Condor [2006]
2 Lloyd's Rep 525. Acting for the beneficiary of a trade
guarantee in a Commercial Court claim against the guarantor,
led by Stephen Phillips QC.
- Paragon Finance plc v. Pender [2005] 1
WLR 3412. Court of Appeal test case on the effects of
mortgage securitisation, discretionary interest rates
and extortionate credit bargains. Led by Ali Malek QC.
- Pickering v. Derby County Football Club Ltd
(2005). Acted for the Co-operative Bank plc in proceedings
relating to a guarantee of football club's facilities.
Led by Stephen Phillips QC.
- Oyston v. Royal Bank of Scotland (2003).
Instructed on behalf of the bank in a multi-million pound
breach of mandate claim. Led by Andrew Sutcliffe QC.
- Lloyds Bank v. Shorney [2002] 1 FLR 81;
[2002] 1 FCR 673. Court of Appeal decision considering
the extent of the duty of disclosure and the doctrine
of material alteration in relation to a bank guarantee.
Led by Christopher Pymont QC.
- PT Bank Negara Indonesia v IBL Trading Ltd [2002]
EWHC 2493 (QB). Recovery of assets subject to a proprietary
claim by the bank.
- County NatWest v Barton [2002] 4 All ER
494. Setting aside a guarantee on the grounds of fraudulent
misrepresentation. Led by Nicholas Elliott QC.
- Pearce v. Lloyds TSB Bank [2001] EWCA
Civ 1907. Court of Appeal; nature and extent of the defence
of change of position in the context of a mistaken bank
credit.
Publications:
- Author of the banking chapter, Bullen & Leake, Precedents
and Pleadings (14th-16th editions)
- Author of further Bullen & Leake chapters on bonds,
bills of sale, and money lent; co-author of introductory
chapter
- Contributor to a new work on the law of guarantees,
due to be published (chapters on release and discharge
of the guarantee)
- Encyclopaedia of Forms & Precedents (volume 4):
author of chapters on bankers, bills of sale and bills
of exchange
- "The Taking of Security over Domestic Properties
in the UK" [1999] JIBL 1
Commercial Litigation and Commercial Fraud
Considerable experience in a range of contractual and commercial
disputes, including telecoms disputes and sale of goods disputes.
Instructed in a series of substantial commercial fraud cases,
involving tracing and asset recovery issues in multiple jurisdictions,
injunctive relief and other interim remedies, and contempt
of court and related applications.
Recent cases:
- Intrigue Shipping v Clarkson & ots
(and the related proceedings in Fiona Trust &
Holding Corp v Privalov & ots). Ongoing Commercial
Court proceedings involving claims against shipping brokers
and others for the recovery of commission payments. Led
by Ali Malek QC. Instructed by CMS Cameron McKenna.
- UK Aid Ltd v Mitchell & ots [2007]
EWHC 1052 (Ch). Acting for KPMG liquidators in claims
against directors for misappropriation and diversion of
company assets; summary judgment granted by David Richards
J; ongoing committal proceedings and recovery applications.
Led by Stephen Phillips QC. Instructed by Addleshaw Goddard.
- HSBC v 5th Avenue Partners Ltd, Michael Brown
& ots (2006). Acting for investors in a very
substantial claim brought by HSBC in respect of the fraudulent
misappropriation of the investors' funds. Led by Gregory
Mitchell QC. Instructed by Goodman Derrick.
- Cantrade Privatbank AG v Fortis Fund Services
(Bahamas) Ltd (2004). Acting for a Swiss
bank in relation to proceedings in the Bahamas arising
from the liquidation of the Oracle Fund. Led by Stephen
Phillips QC and Robert Hildyard QC. Instructed by Holman
Fenwick & Willan.
Insolvency
Regularly instructed by liquidators, administrators, trustees,
receivers, as well as creditor groups, in relation to a range
of insolvency matters. Particular experience in asset recovery
actions in the insolvency context, including missing trader
fraud, transactions at an undervalue and fraudulent transactions,
and director's misfeasance.
Recent cases:
- UK Aid Ltd v Mitchell & ots [2007]
EWHC 1052 (Ch) (above)
- Re Highfield Distribution Ltd (2007).
Acting for company liquidators in s.238 and s.212 proceedings
against a company director involved in post-liquidation
trading.
- Advising creditor groups in relation to the insolvency
and administration of MG Rover Ltd.
- Joiner v Robinson & ots [2002] EWCA
Civ 160. Court of Appeal decision, dealing with share
valuation issues.
- Joiner v Robinson & ots [2002] EWHC
90. Park J; directors' personal liability for wrongful
detention of goods, in the context of competing insolvency
claims between former co-directors.
Professional negligence
Regularly instructed in claims involving financial advisers
(including issues of inappropriate portfolio selection and
advice), solicitors (in particular in the context of mortgage
and other financial transactions), valuers, and auditors and
accountants. Current instructions include acting for a bank
in a claim by a mortgagor alleging negligent valuation and
sale, and acting for solicitors in relation to allegations
of mortgage fraud.
Appointments
- Pegasus
Scholarship, 2001, working for 3 months at the Australian
law firm, Mallesons Stephen Jacques, and at the Federal
Court of Australia.
- Visiting
Lecturer in Law, King's College, London, 1994-5.
- Middle
Temple Diplock Scholarship, 1994.
- James
William Squire fund law scholarship, Cambridge University,
1990.
- Manners
Scholarship, Corpus Christi College, Cambridge, 1990.
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