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Alistair Mackenzie

Call 2013

“very intelligent and tactically aware."

Legal 500 2024
Contact Alistair
+44 (0)20 7822 1200
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Expertise

Alistair regularly acts in a range of commercial disputes, including cases concerning allegations of breach of contract, civil fraud, professional negligence and misuse of confidential information. His practice covers a range of industry sectors, including manufacturing, logistics, construction, financial services, energy and the extractive industries.

Many of Alistair’s cases concern an international or cross-border dispute, and he is recognised as an expert in matters of jurisdiction and applicable law.

He accepts instructions in applications for urgent injunctive relief, including anti-suit injunctions, freezing orders, search and imaging orders, doorstep delivery up orders and Norwich Pharmacal orders.

Alistair’s previous experience includes working within a leading Middle Eastern law firm’s Dubai International Financial Centre litigation team.

Notable Commercial Dispute Resolution & Arbitration cases

R Ltd v C Ltd

Contractual dispute concerning fitness for purpose of a custom-made product, leading to the failure of an enterprise.

H Ltd v C

Dispute regarding misuse of confidential information.

X v Y Inc

Duties of a company following disclosure of alleged complicity in corruption.

V v A Firm

Dispute as to the enforceability of a foreign retainer agreement.

M Ltd v B Bv

Contractual dispute regarding the quality of goods delivered under industry standard terms.

B Ltd v A Ltd and I Ltd

Contractual dispute regarding the shutdown of a human products processing plant.

J Ltd v A Ltd v O Srl

Contractual dispute following the theft of a consignment of goods.

N Ltd v S v H

Bailment dispute following destruction of a high value chattel.

C Ltd v V

Setting aside of a sham transaction entered into for the purposes of evading enforcement.

Z v L Ltd

Dispute under a share purchase agreement.

With experience across business human rights (BHR), product liability and environmental claims, Alistair is a highly sought-after group litigation practitioner. He acts for claimants, defendants and litigation funders.

Alistair’s expertise in the private international law issues which often become battlegrounds in this field of litigation, together with his hands on approach, means that he is often involved from an early stage.

Alistair is recognised as a leading individual in group litigation by Legal 500 which notes that his “particular strengths are his breadth of experience and his super-sharp brain.”

Notable Group Litigation cases

The Bille and Ogale Group Litigation

Environmental damage claims arising from oil spills in Nigeria (with Richard Hermer KC and others, ongoing).

AAA and others v Brazil Iron Limited

Environmental damage claim arising from mining operations in Brazil (ongoing).

The Bomu-Bonny Oil Pipeline Litigation

Environmental damage claim arising from oil spill in Nigeria (with Richard Hermer KC and others, ongoing).

Re: A Medical Product

Advising a medical technologies manufacturer on allegations that a medical product was defective and had caused serious illnesses to a cohort of patients (ongoing).

Re: The Champions League Final 2022

Injuries sustained at a sporting event in Paris (with Matthew Chapman KC, ongoing).

Bravo v Amerisur Resources Ltd [2023] EWHC 122 (KB)

Environmental damage claim following oil spill in Colombia (with Richard Lord KC and Alex Layton KC, settled after trial of preliminary issues).

Emissions Litigation

Advising various claimant groups/funders in claims involving emissions from diesel engines (ongoing).

Re: A Manufacturer

Advising a manufacturer on potential liabilities and recall arising from a product discovered to contain a toxic substance (concluded).

AAA and others v Gemfields

Human rights violations concerning a mine in Mozambique (with Marie Louise Kinsler KC, claim settled).

The Kenya Emergency Group Litigation

Historic human rights claim against the Foreign and Commonwealth Office (claim concluded following lead claims).

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

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.

Notable Insurance and Reinsurance cases

Re: H Plc

Advising on forum and applicable law disputes concerning claims under a series of connected policies following a fire in a European country.

Re: A Ltd

Advising on declinature following breach of warranty.

Re: F Ltd

Coverage disputes in a series of claims under the Third Party (Rights Against Insurers) Act 2010.

C v T and RSA

Insurer’s liability for foreign social security payments (with Howard Palmer KC).

Re: T Ltd

Fraud under a business interruption policy.

Clarke v Kalecinski [2022] EWHC 488 (QB)

Limits to insurers’ liability for clinical negligence committed abroad.

Amlin Corporate Member v Baby Basics Ltd [2017] EWHC 2047 (Comm)

Declaratory proceedings on interpretation of insurance policy and Israeli class actions.

Alistair has a busy conflict of laws 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.

He is listed in Chambers UK and Legal 500 for his private international law work, where he is described as having “excellent knowledge”, “very strong advocacy skills” and “a superb legal mind”.

Alistair’s instructions frequently concern claims arising from cross-border commercial, insurance, environmental and product liability disputes.

Alistair is often asked to provide training on cross-border litigation, and authored 2TG’s “Practical Guide to Anti-Suit Injunctions” with Charles Dougherty KC.

Notable Private International Law cases

BAA v Commissioner of the British Indian Ocean Territory Administration [2023] EWHC 767 (KB)

Jurisdiction to grant an injunction against the administrator of an overseas territory (with Richard Hermer KC)

Bravo v Amerisur Resources Ltd [2023] EWHC 122 (KB)

Limitation and parent company liability under Colombian law (with Richard Lord KC and Alex Layton KC).

Clarke v Kalecinski [2022] EWHC 488 (QB)

Liability of insurers for clinical negligence under foreign law.

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45

Leading case on jurisdiction over foreign defendants and approach to foreign law (Supreme Court, with Howard Palmer KC, Marie Louise Kinsler KC and Ben Phelps).

Committeri v Club Mediterranee SA [2018] EWCA Civ 1889

Application of Rome I and Rome II Regulations and proper approach to foreign law (Court of Appeal, with Hugh Mercer KC)

Moreno v Motor Insurers’ Bureau [2016] UKSC 52

Law applicable MIB’s obligations under European insurance legislation (Supreme Court, with Hugh Mercer KC and Marie Louise Kinsler)

Ministry of Defence v Iraqi Civilians [2017] UKSC 25

Application of Iraqi law (Supreme Court, with Richard Hermer KC and Marie Louise Kinsler)

Laserpoint v Prime Minister of Malta [2016] EWHC 1820 (QB)

Successful appeal against enforcement of a Maltese judgment on the grounds of public policy (with Marie Louise Kinsler)

D (A Child) [2016] UKSC 34

Acting for the Ministry of Justice as intervener in an appeal concerning enforcement of foreign judgments (Supreme Court, with Hugh Mercer KC)

In product liability, Alistair is instructed by claimants, manufacturers and insurers in complex disputes, often arising out of medical or safety-critical products. He is particularly sought after in cases where issues of jurisdiction or choice of law arise, or where large-scale group litigation is contemplated.

Alistair’s practice includes both commercial and consumer product liability claims. In addition to claims under the Consumer Protection Act 1987, he acts in litigation arising out of alleged failures to adequately recall dangerous products and in complex supply chain litigation.

He is listed as a leading individual in both Chambers UK and Legal 500 for product liability, noting that he is “really switched on” “has a clear and tactical mind” and “provides mature and helpful insight in a legal team and is likely to be an ever-increasing presence in the product liability world”.

Alistair was a co-author of the chapter on Product Liability in 2TG’s The Law of Property Damage, published by Bloomsbury in 2023.

Notable Product Liability cases

Re: A Medical Product

Advising a medical technologies manufacturer on allegations that a medical product was defective and had caused serious illnesses to a cohort of patients.

Re: Pharmaceuticals

Advising on a wholesaler’s rights and obligations on discovering that medicines had been the subject of regulatory action by the MHRA.

Re: Cladding

Advising a developer in contemplated proceedings regarding an unsafe cladding product.

Emissions Litigation

Advising various claimant groups/funders in claims involving emissions from diesel engines (ongoing).

Re: A Bicycle

Claim arising from a defective bicycle causing severe spinal cord injuries.

Re: Electrical Products

Numerous claims arising from electrical products causing fires in domestic and commercial premises.

Re: A Manufacturer

Advising a manufacturer on potential liabilities and recall arising from a product discovered to contain a toxic substance.

Re: An Automobile

Allegation of self-acceleration causing serious injuries.

ES and others v Groupama Méditerrannée v Goodyear [2018] EWHC 2594 (QB)

Product liability claim pleaded in excess of £190 million concerning duty to recall defective products (with Charles Dougherty KC and Alex Antelme KC).

Alistair’s experience of property damage disputes covers a broad range of factual and legal contexts. He acts for claimants and defendants in cases arising from damage caused to property by fires, explosions, floods and subsidence. Alistair also has a speciality in dealing with pollution and environmental damage claims.

Alistair is experienced in analysing, assisting with and challenging the technical expert evidence frequently involved in such claims, and is frequently instructed in cases giving rise to complex insurance disputes.

Alistair was a contributor to 2TG’s The Law of Property Damage, published by Bloomsbury in 2023.

Notable Property Damage cases

B v A Ltd

Pollution of waterways by spillage of oil.

O Ltd v M AB

Fire at a gas processing plant.

Various v QBE

Numerous cases involving damage allegedly caused by the installation of cavity wall insulation.

Re: Electrical Products

Numerous claims arising from electrical products causing fires in domestic and commercial premises.

G Ltd v B Ltd

Catastrophic failure of an air cooling system.

R Ltd v R

Damage caused by flooding from plumbing components.

V Ltd v O Ltd

Application of the Berni Inns principle.

Alistair’s private international law and insurance expertise makes him ideally placed to deal with jurisdiction, choice of law and insurance disputes arising from international travel. He deals with complex disputes and regularly appears in the leading travel law cases.

He is listed in Chambers UK and Legal 500 for travel litigation, where he is described as having “excellent knowledge”, “very strong advocacy skills” and “a superb legal mind”.

Notable Travel cases

Stait v Cosmos Insurance [2022] EWCA Civ 1429

Jurisdiction dispute regarding domicile of members of the Armed Forces (Court of Appeal)

Clarke v Kalecinski [2022] EWHC 488 (QB)

Liability of insurers for clinical negligence under foreign law

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45

Leading case in the Supreme Court on jurisdiction over foreign defendants and approach to foreign law (Supreme Court, with Howard Palmer KC, Marie Louise Kinsler KC and Ben Phelps)

C v T and RSA (2019 to 2021)

Claim in French law concerning liability for foreign social security payments (with Howard Palmer KC)

Committeri v Club Mediterranee SA [2018] EWCA Civ 1889

Application of Rome I and Rome II Regulations and proper approach to foreign law (Court of Appeal, with Hugh Mercer KC)

Significant Cases

BAA v Commissioner of the British Indian Ocean Territory Administration [2023] EWHC 767 (KB)

Availability of injunctive relief against administrators of British Overseas Territories (with Richard Hermer KC)

Bravo v Amerisur Resources [2023] EWHC 122 (KB)

Environmental damage claim following oil spill in Colombia (with Richard Lord KC and Alex Layton KC)

Stait v Cosmos Insurance [2022] EWCA Civ 1429

Jurisdiction dispute in the Court of Appeal regarding domicile of members of the Armed Forces

Clarke v Kalecinski [2022] EWHC 488 (QB)

Liability of insurers for clinical negligence under foreign law

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45

Leading case in the Supreme Court on jurisdiction over foreign defendants and approach to foreign law (with Howard Palmer KC, Marie Louise Kinsler KC and Ben Phelps)

CPAM v Thomson and RSA (2019 to 2021)

Claim in French law concerning liability for foreign social security payments (with Howard Palmer KC)

ES and others v Groupama Méditerrannée v Goodyear [2018] EWHC 2594 (QB)

Product liability claim pleaded in excess of £190 million concerning duty to recall defective products (with Charles Dougherty KC and Alex Antelme KC)

AAA v Gemfields (2018)

Advising on private international law issues in group action by Mozambican miners (with Marie Louise Kinsler KC)

Committeri v Club Mediterranee SA [2018] EWCA Civ 1889

Application of Rome I and Rome II Regulations and proper approach to foreign law in the Court of Appeal (with Hugh Mercer KC)

Brownlie v Four Seasons Holdings Inc [2017] UKSC 80

Supreme Court appeal on jurisdiction in respect of foreign defendants (with Howard Palmer KC and Marie Louise Kinsler KC)

Amlin Corporate Member v Baby Basics Ltd [2017] EWHC 2047 (Comm)

Declaratory proceedings on interpretation of insurance policy and Israeli class actions

Moreno v Motor Insurers’ Bureau [2016] UKSC 52

Supreme Court decision on law applicable MIB’s obligations under European insurance legislation (with Hugh Mercer KC and Marie Louise Kinsler)

Ministry of Defence v Iraqi Civilians [2017] UKSC 25

Application of Iraqi law in the Supreme Court (with Richard Hermer KC and Marie Louise Kinsler)

Laserpoint v Prime Minister of Malta [2016] EWHC 1820 (QB)

Successful appeal against enforcement of a Maltese judgment on the grounds of public policy (with Marie Louise Kinsler)

D (A Child) [2016] UKSC 34

Acting for the Ministry of Justice as intervener in a Supreme Court appeal concerning enforcement of foreign judgments (with Hugh Mercer KC)

See more

Privacy Policy

Alistair Mackenzie Privacy Policy

My contact details:

ICO Reg No: ZA190309
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Alistair
+44 (0)20 7822 1200
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“very strong advocacy skills and commercial awareness”

Chambers UK 2024

“Very sharp. Gets to grip quickly with the complex issues in hand."

Legal 500 2023

“a very impressive litigator with great depth of knowledge”

Chambers UK 2023

“pragmatic and a tenacious advocate”

Chambers UK 2022

  • Cynthia Terry Award, Gray’s Inn
  • Frere-Smith Prize for Law Finals
  • Sir William McNair Prize for Law
  • Tapp Scholarship for Postgraduate Legal Study
  • Sir William McNair Mooting Prize
  • Senior Exhibition & Honorary Senior Scholarship, Gonville & Caius

  • BPTC, Kaplan Law School
  • MA (First Class), Gonville & Caius College, University of Cambridge

“Alistair is really switched on. He has a clear and tactical mind, which is amazingly helpful.”
“Alistair has strong knowledge and amazing research skills.”
“He has excellent knowledge of the applicable principles and regulations and has very strong advocacy skills and commercial awareness.”
Chambers UK 2024

“Alistair’s particular strengths are hi breadth of experience and his super-sharp brain.”
“A superb legal mind. Very intelligent and tactically aware – a very talented barrister.”
“Alistair provides mature and helpful insight in a legal team and is likely to be an ever-increasing presence in the product liability world.”
Legal 500 2024

“A very impressive litigator with great depth of knowledge”
“He is very strong on jurisdictional issues”
“An incredibly impressive product liability practice”
“He provides clear analysis of cases”
Chambers UK Bar 2023

 “Very sharp. Gets to grip quickly with the complex issues in hand. Reliable and instils confidence in the work he provides.”
“Extremely bright, with an encyclopaedic knowledge of product liability law.”
“An excellent junior, Alistair has a really impressive group litigation practice”
Legal 500 2023

“He’s pragmatic and a tenacious advocate.”
“Alistair is very easy to deal with and you can speak with him on any issue. He’s also very amenable and always willing to assist outside formal instruction.”
“A brilliant junior who has a good approach to cases with foreign clients and makes things run very smoothly.”
“He is meticulous, excellent on his feet and very technically adept.”
Chambers UK Bar 2022

“A potential star of the future: an excellent junior confidently handling work beyond his level of call.”
Legal 500 2022

“phenomenally bright”
Chambers UK Bar 2021

“extremely knowledgeable”
Legal 500 2021

“super clever and provides a really good service”
Chambers UK Bar 2021

“quick, thorough, technical”
Chambers UK Bar 2020

“always delivers”
Chambers UK Bar 2020

“amazingly good at understanding the international elements of a case”
Chambers UK Bar 2020

“gives very good advice”
Chambers UK Bar 2020

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