Photo of Alistair Mackenzie

Alistair Mackenzie

Call 2013

amackenzie@2tg.co.uk

+44 (0)20 7822 1200

Practice Overview

Alistair’s practice spans a range of civil and commercial litigation, with an emphasis on cross-border disputes, product liability and insurance. He is particularly sought after in cases involving jurisdiction and conflict of laws disputes and has already developed a reputation for providing pragmatic and commercial advice.

Alistair has extensive experience of appellate cases, and has appeared in the Supreme Court on multiple occasions. 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 – including before the courts of the Dubai International Financial Centre – and arbitrations in various foreign countries.

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 appears unled against more senior opponents in private international law cases on a regular basis. Clients note his experience of cross-border litigation, and his ability to anticipate and to deal with the practical considerations which frequently arise.

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 80 – Instructed by the successful appellant in a landmark case concerning the courts’ jurisdiction over non-European defendants.
  • Vilca v Xstrata Ltd – Instructed to assist with submissions regarding application of foreign limitation periods and amendments in claims under Peruvian law.
  • 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.
  • 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.
  • M&M Ltd v BPC BV – Acted as junior counsel in a cross-border arbitration concerning a dispute as to fitness for purpose of imported products, raising issues of applicable law and the validity of an arbitration clause.
  • 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

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

He regularly acts for claimants and defendants in claims under the Montreal and Athens Conventions and the Package Travel Regulations, and is regularly instructed in cases concerning road traffic accidents in foreign countries.

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

Recent cases include:


  • AB (a protected party, by his litigation friend CD) v Motor Insurers’ Bureau
    – Acting for the Motor Insurers’ Bureau in a claim governed by Slovakian law and raising issues as to the scope of compensation recoverable from the Bureau.
  • Ford v Royal Crown Insurance v TIIC Cyprus – Acting as sole counsel for an insurance company in a traumatic brain injury claim arising from an accident in Cyprus.
  • Brownlie v Four Seasons Holdings Inc [2017] UKSC 80 – Instructed as junior counsel by the successful appellant in a landmark appeal concerning the courts’ jurisdiction over non-European defendants in personal injury cases.
  • ES & Others v Groupama Méditerranée v Goodyear Dunlop Tires Acting as junior counsel in a fatal accident claim arising from an accident in France, pleaded in excess of £90 million.
  • Moreno v Motor Insurers’ Bureau [2016] UKSC 52 – Instructed by the Motor Insurers’ Bureau as junior counsel in this successful appeal to the Supreme Court concerning the law applicable to the Bureau’s obligations in respect of foreign accidents.
  • L v ERS Corporate – Acting for an insurer in a claim concerning the correct application of the Rome II Regulation and the availability of direct actions arising out of road traffic accidents.
  • D v TUI – Acted in this and various other claims brought in respect of alleged food poisoning suffered whilst on holiday.
  • C v British Airways – Instructed by an airline in respect of an accident suffered at Heathrow airport.
  • N v TUI v Evolution2 – Acted for a holiday company in a claim brought by an employee and arising from an allegedly dangerous wintersports activity.
  • R v AXA Spain – Acted for the insurer of a hotel in a claim alleging that an accident had been caused by defective construction works.
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, infant safety products, tyres, bicycles, toys and foodstuffs.

Alistair has particular expertise in dealing with cross-border product liability actions, where products have been manufactured or caused damage in other jurisdictions.

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 comfortable 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 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.

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.
  • 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.
  • S Ltd v NIGC – Acted for an insurer, successfully defending an action brought in respect of alleged business interruption losses.
  • Jeffreys v UKGI – Appeared for a successful insurer resisting a claim for rescission of seven separate insurance policies.
  • X v Amlin – Acted for an insurer in an action 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.

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:


  • M v S
    – Acting for a party seeking injunctive relief and resisting a counterclaim for alleged breach of contract.
  • 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 – Acting for the defendant in a breach of contract claim concerning the reasonableness of the 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.
  • 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.
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 issues which frequently arise. He accepts instructions to obtain and to advise upon urgent interlocutory relief.

Alistair’s previous cases in this area include allegations of sham transactions, transactions intended to defraud creditors, bribery, wrongful detention and sale of property and contempt of court.

He has experience of acting in committal proceedings and of successfully securing custodial sentences and sequestration orders against those in contempt of court.