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Alistair Mackenzie

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+44 (0)20 7822 1200

Practice Overview

Alistair has a busy practice spanning a range of civil and commercial litigation. He has appeared in the Supreme Court on multiple cases and has been instructed in a number of high profile cases, including by the Foreign and Commonwealth Office in the Mau Mau litigation brought by thousands of claimants in respect of alleged abuse in Kenya.

Alistair is particularly sought after in cases involving jurisdiction and conflict of laws disputes and has already developed a reputation for providing practical and thoughtful advice in complex cases.

Private International Law

Alistair has a busy private international law practice, and regularly deals with cases in this specialist area. He has a broad practice and is well-placed to act in both commercial and civil matters where jurisdiction or the application of foreign law are contested.

Alistair co-authored 2TG’s “Practical Guide to Anti-Suit Injunctions” with Charles Dougherty QC.

Recent cases include:

  • Brownlie v Four Seasons Holdings Inc
    (2017) UKSC
    Currently instructed by the appellant in a pending appeal to the Supreme Court concerning the English courts’ jurisdiction in fatal accident cases.
  • Moreno v Motor Insurers’ Bureau [2016] UKSC 52
    Instructed by the Motor Insurers’ Bureau in this successful appeal to the Supreme Court concerning the law applicable to the Bureau’s obligations in respect of foreign accidents.
  • In the matter of D (A Child) [2016] UKSC 34
    Instructed by the Ministry of Justice, successfully intervening in an appeal to the Supreme Court in a case concerning the scope for appeals against decisions to enforce foreign judgments.
  • Ministry of Defence v Iraqi Civilians [2016] UKSC 25
    Instructed as part of a team of counsel on the appeal to the Supreme Court in this case and on further issues concerning the application of Iraqi law under the Foreign Limitation Periods Act 1984.
  • Laserpoint Ltd v Prime Minister of Malta [2016] EWHC 1820 (QB)
    Instructed by the successful appellant in a challenge to an order enforcing a Maltese judgment. Enforcement was refused on the grounds of public policy and for failure to properly serve the Maltese writ.
  • Committeri v Club Méditeranée [2016] EWHC 1510 (QB)
    Instructed in a case concerning the scope of the Rome I and Rome II Regulations and the proper construction of choice of law clauses.
Travel & Jurisdiction

In addition to his knowledge of private international law, Alistair has experience of the particular issues that arise from travel-related litigation. He regularly acts for claimants and defendants in claims under the Montreal and Athens Conventions and the Package Travel Regulations.

Alistair is a co-author of 2TG’s “Practical Guide to Accidents Abroad”.

Product Liability

Alistair accepts instructions from claimants and defendants in disputes arising from allegedly defective products causing personal injury or damage to property. He has particular expertise in cross-border cases and the consequent issues regarding jurisdiction and applicable law and is comfortable dealing with complex expert evidence.

He is regularly instructed to deal with claims under the Consumer Protection Act 1987, including claims involving fires originating in “white goods” and medical prosthetics and implants.

Recent and ongoing cases include:

  • Amlin v Baby Basics Limited
    – Represented the successful claimant in an action seeking negative declaratory relief in respect of class-action lawsuits brought in Israel arising out of allegedly defective products used by infants.
  • ES & Ors v Groupama Méditerranée – Acting as junior counsel in a fatal accident claim, governed by French law and pleaded in excess of £90 million, arising from an allegedly defective tyre.
  • X, Y and Z v Whirlpool UK Appliances – Representing the claimants in this action concerning the circumstances in which damages are recoverable for psychiatric injuries under the Consumer Protection Act 1987.
  • In re X Ltd – Advising a company in relation to a recall after the discovery of asbestos in an imported product.
Property Damage

Alistair’s experience of property damage disputes covers a broad range of both factual and legal contexts. He acts for claimants and defendants in cases arising from damage caused to property by fires, floods and subsidence.

Alistair is comfortable analysing, assisting with and challenging the technical expert evidence frequently involved in such claims.

Illustrative recent cases include:

  • Laserpoint Ltd v Prime Minister of Malta
    [2016] EWHC 1820 (QB) – A dispute arising from a fire in a Maltese convention centre, said to have been caused by the use of a laser-lighting display (led by Marie Louise Kinsler).
  • Multiple claims involving fires arising from defective or allegedly defective white goods.
  • Claims under the Water Industry Act 1991 in respect of flooding damage.
Insurance & Reinsurance

Alistair has experience of a wide range of insurance matters, regularly advising on questions of recovery and policy coverage.

He has particular expertise in dealing with fraudulent and exaggerated claims, with recent instructions including successfully acting for insurers in multiple claims in which indemnity had been refused due to suspicions of fraud, and obtaining recovery of money paid out in respect of fraudulent claims.

Alistair’s recent work includes:

  • Amlin v Baby Basics Limited
    – Acted (as sole counsel) for the successful insurer in a claim for a declaration that no indemnity was owed pursuant to a product liability insurance policy in respect of two class-action lawsuits pleaded in excess of £7.5 million.
  • X v Amlin – Advising in respect of coverage under a private medical malpractice policy.
  • Y v AXA – Advising in a claim concerning allegedly fraudulent representations made in the course of a policy’s negotiation.
Commercial Dispute Resolution

Alistair acts as sole and junior counsel across a broad range of commercial disputes. He has experience of the realities of high-pressure commercial litigation and is able to provide prompt and pragmatic advice in complex cases including a wide range of contractual disputes.

Alistair accepts instructions to advise on and to obtain urgent interlocutory relief, including freezing and search orders and anti-suit injunctions.

He recently spent 4 months on secondment to a leading Middle Eastern law firm, working in their Dubai International Financial Centre Litigation team.

Commercial Fraud

Alistair has experience of acting as both sole and junior counsel in this frequently sensitive area and is able to provide practical advice on the variety of legal issues which frequently arise. He accepts instructions to obtain and to advise upon urgent interlocutory relief.

Alistair’s ongoing cases in this area include alleged wrongful detention or sale of property, contempt of court and transactions intended to defraud creditors. Alistair is also instructed in a case raising allegations that an assignment of equitable interests amounted to a sham transaction.

Alistair has experience of acting in committal proceedings and of successfully securing custodial sentences and sequestration orders against respondents.