Photo of Alistair Mackenzie

Alistair Mackenzie

Call 2013

amackenzie@2tg.co.uk

+44 (0)20 7822 1200

"always delivers”

Chambers UK

“amazingly good at understanding the international elements of a case”

Chambers UK

“very approachable”

Chambers UK

Practice Overview

Alistair’s practice spans a range of commercial litigation, with an emphasis on cross-border disputes, product liability, insurance and property damage.

Alistair has extensive experience of complex, high-profile cases, and has appeared in the Supreme Court on multiple occasions. Chambers UK notes that “he always delivers what he promises”, “is amazingly good at understanding the international elements of a case” and “gives very good advice”.

He is frequently instructed as sole counsel against significantly more senior opponents, and is equally comfortable dealing with complex evidence and technical points of law. Given the nature of Alistair’s practice, he is often involved in international litigation and arbitrations in various foreign countries, and has practised in the courts of the Dubai International Financial Centre.

Private International Law

Alistair has a busy private international law practice, regularly appearing in high profile cases in this specialist area. He has acted in leading cases concerning jurisdiction, choice of law and the enforcement of foreign judgments and has an extensive understanding of the legal complexities these areas involve.

Alistair is listed in Chambers UK for his private international law work. He is praised as being “amazingly good at understanding the international elements of a case” and for the fact that “he always delivers what he promises” and “gives very good advice”.

Alistair appears unled against more senior opponents in private international law cases on a regular basis. He is regularly instructed to deal with claims arising from cross-border product liability and insurance disputes, as well as catastrophic injury cases.

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

Recent cases include:

  • Committeri v Club Méditeranée [2018] EWCA Civ 1889 – Appeared in the Court of Appeal and High Court in a case dealing the Rome I and Rome II Regulations and the proper approach to foreign law.
  • Brownlie v Four Seasons Holdings Inc [2017] UKSC 80 – Appeared in the Supreme Court for the successful appellant in a landmark case concerning the courts’ jurisdiction over non-European defendants.
  • ES & Others v Groupama Méditerranée v Goodyear Dunlop Tires (2016 to present) Acting as junior counsel in a product liability claim governed by French law, pleaded in excess of £90 million.
  • XL Insurance Company v AXA and AIG (2017 to present) – Instructed as junior counsel in a Commercial Court dispute as to jurisdiction over an action for an equitable contribution between insurers.
  • Vilca v Xstrata Ltd (2018) – Instructed to assist with submissions regarding application of foreign limitation periods and amendments in claims under Peruvian law.
  • Amlin v Baby Basics and Vital Innovations [2017] EWHC 2047 (Comm) – Appeared for an insurer obtaining a declaration that an English insurance policy did not respond to claims for damages recognized under Israeli law.
  • Moreno v Motor Insurers’ Bureau [2016] UKSC 52 – Appeared for the Motor Insurers’ Bureau in a successful appeal to the Supreme Court concerning applicable law.
  • In the matter of D (A Child) [2016] UKSC 34 – Appeared on behalf of the Ministry of Justice, successfully intervening in an appeal to the Supreme Court in a case concerning the enforcement of 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 Iraqi limitation periods.
  • Laserpoint Ltd v Prime Minister of Malta [2016] EWHC 1820 (QB) – Appeared for the successful appellant in a challenge to an order enforcing a Maltese judgment on the grounds of public policy.
Travel & Jurisdiction

Alistair’s expertise in jurisdiction, choice of law and insurance disputes makes him ideally placed to deal with claims arising from international travel.

Alistair is recognised in Chambers UK 2019 as a leading individual in Travel: International Personal Injury. He is praised as “He always delivers what he promises and is amazingly good at understanding the international elements of a case”, with it being noted that “He gives very good advice and is very strong on paper. He’s very approachable and clients like him.”

Alistair regularly acts for claimants and defendants in claims under the Montreal and Athens Conventions and the Package Travel Regulations, and he is regularly instructed in cases concerning road traffic accidents in foreign countries. His experience includes wintersports injuries, injuries on international flights and cruises, defective hotel premises and holiday sickness claims.

Recent cases include:

  • ES & Others v Groupama Méditerranée v Goodyear Dunlop Tires Acting as junior counsel in a French law claim arising from an allegedly defective tyre.
  • X v Y v Z – Acting for an Italian manufacturer accused of having sold white goods in breach of the Electrical Equipment (Safety) Regulations 1994, causing fire damage in excess of £1 million.
  • Pawson v THM – Acting for the German manufacturer of an allegedly defective bicycle fork.
  • Various v KP Ltd – Acting for a company sued pursuant to the CPA 1987 in respect of allegedly infected shellfish.
  • Amlin v Baby Basics and Vital Innovations [2017] EWHC 2047 (Comm) – 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.
  • J v M Ltd v SRP Ltd – Acted for the importer of an allegedly defective toy, defending Part 20 proceedings brought in the TCC in respect of a fire.
  • X, Y and Z v Whirlpool UK Appliances (2016 to 2018) – Represented the claimants in an action arising from a defective dishwasher causing property damage and psychiatric injuries.
  • Hill v Medacta BV – Acted for the manufacturer of a prosthetic knee in a claim alleging failure to provide adequate Instructions for Use.
  • In re X Ltd – Advised a company in relation to a recall after the discovery of asbestos in a line of imported products.
  • Weatherley v Kinesis – Represented the family of a cyclist killed as a result of a defective bicycle component. Secured an order at an inquest for the re-issuing of a recall notice before settlement of the claim.
Product Liability

Alistair’s practice covers a wide range of product liability issues. He acts for claimants and defendants in product liability cases and has experience of group actions. He is regularly instructed as sole and junior counsel.

Examples of products Alistair has dealt with include: medical devices, white goods, electrical components, boilers, radiators, vacuum cleaners, infant safety products, tyres, bicycles, toys and foodstuffs. He advises on complex liability, quantum and policy coverage issues.

Alistair has particular expertise in dealing with cross-border product liability actions, where products have been manufactured or caused damage in other jurisdictions. Chambers UK notes that “he always delivers what he promises and is amazingly good at understanding the international elements of a case.”

Recent cases include:

  • ES & Others v Groupama Méditerranée v Goodyear Dunlop Tires 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.
  • J v M Ltd v SRP Ltd – Acting for the importer of an allegedly defective toy, defending Part 20 proceedings brought in the TCC in respect of a fire.
  • 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.
  • Amlin v Baby Basics and Vital Innovations [2017] EWHC 2047 (Comm) – 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.
  • H v E NHS Trust and M BV – Acted for the manufacturer of a prosthetic knee, defending a claim alleging a failure to provide adequate Instructions for Use.
  • In re X Ltd – Advised a company in relation to a recall after the discovery of asbestos in a line of imported products.
  • W v CES Ltd and CD Ltd – Acted for the importer of an electrical component alleged to have caused extensive damage to a custom-built house.
  • Weatherley v Kinesis – Represented the family of a cyclist killed as a result of a defective bicycle component. Appeared at an inquest at which the distributor was ordered to re-issue a recall notice.
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 experienced in analysing, assisting with and challenging the technical expert evidence frequently involved in such claims.

Recent cases include:

  • FC YMCA v CS Ltd – Acting for the defendant in a claim brought following a flood in a YMCA property from a foul drainage pipe.
  • A v DE Ltd – Acting in this and a number of other cases concerning damage allegedly caused by negligent installation of cavity wall insulation.
  • RHC v MBS Ltd v SWP BV – Acting for a defendant/Part 20 claimant in an action arising from a flood caused by a defective boiler.
  • ES Ltd v SCEE Ltd – Acting for the defendant in a claim arising from a fire in a fish and chip shop.
  • W v CES Ltd and CD Ltd – Acted for the importer of an electrical component alleged to have caused extensive damage to a custom-built house.
  • M v South East Water Limited – Acted for the Defendant in an action under the Water Industry Act 1991.
  • Laserpoint Ltd v Prime Minister of Malta [2016] EWHC 1820 (QB) – Acted, as junior counsel, in a dispute arising from a fire in a Maltese convention centre, said to have been caused by the use of a laser-lighting display.
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 complex coverage questions and cases with an international or cross-border element. Alistair also has extensive experience of dealing with fraudulent and exaggerated claims.

Recent cases include:

  • Amlin v Baby Basics and Vital Innovations [2017] EWHC 2047 (Comm) – Acted 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.
  • XL Insurance Company v AXA and AIG – Instructed as junior counsel in a Commercial Court dispute as to jurisdiction over an action for an equitable contribution between insurers.
  • S v MCE – Acting for the claimant in an action concerning the scope of coverage against fire under various insurance policies.
  • KGM v D – Acting for an insurer in an action seeking declaratory relief on the ground of material non-disclosure and defending a counterclaim brought on the basis of the policy.
  • Sectorsure Ltd v NIGC – Acted for an insurer, successfully defending an action brought in respect of alleged business interruption losses.
  • Jeffreys v UKGI – Appeared for an insurer, successfully resisting a claim for rescission of seven separate insurance policies.
  • X v Amlin – Acted for an insurer in a claim regarding coverage under a private medical malpractice policy.
  • B v AXA – Acted in a claim concerning allegedly fraudulent representations made in the course of a policy’s negotiation.
Commercial Dispute Resolution

Alistair acts as sole or junior counsel in a wide range of commercial disputes. He deals with a variety of cases, including those arising from breach of contract, trusts and fiduciary duties.

Alistair accepts instructions to advise on and to obtain urgent interlocutory relief, including freezing and search orders and anti-suit injunctions. His experience includes obtaining custodial sentences and sequestration orders in cases of contempt of court.

He recently spent 4 months on secondment to a leading Middle Eastern law firm, working with their Dubai International Financial Centre Litigation and arbitration teams.

Recent cases include:

  • Barbour v Oprean – Acting for a haulage company in a claim concerning the theft of a shipment of goods.
  • Superdrug v Trimak – Acting for a chain of pharmacies in a claim concerning a stock purchase agreement.
  • TBM Ltd v KFH – Acting for the claimant in an action for breach of contract and professional negligence by a letting agency.
  • MS Ltd v SRP Ltd – Acted in a claim concerning the reasonableness of a defendant’s standard terms of business.
  • CIH Ltd v V – Acted in a case concerning enforcement of a judgment into equitable interests which the defendant claimed to have divested himself of prior to judgment being entered. The divestment was found to have been a sham transaction.
  • M&M Ltd v BPC BV – Acted as junior counsel in an arbitration concerning a dispute as to fitness for purpose of imported products.
  • Z v L Ltd – Acted for a successful claimant in a dispute arising from a share purchase agreement.
  • R v WB Ltd and S – Represented the defendant in an action brought on a personal guarantee in the sum of £1 million.
  • X v LIE Ltd – Acted for a member of a Middle Eastern ruling family in an action seeking recovery of a chattel bailed to the defendant’s agent and unlawfully retained.