Iain is a commercial Barrister with an extensive range of experience in civil disputes with a focus on commercial disputes, insolvency, and property disputes.
Iain regularly appears in the County Court and High Court on Commercial Disputes, Security for Costs Applications, Summary Judgement Applications, Strike out Applications and Statutory Demands.
Iain is also a qualified South African attorney, having completed his attorney’s training contract at a large commercial law firm where he worked on a variety of commercial matters involving opinions on company law, contract law, and public procurement law, drafting and reviewing commercial contracts, and the establishment and restructuring of South African companies.
Iain regularly advises on, drafts pleadings in, and appears in commercial litigation cases.
Recent matters have included:
Being led by Paul O’Doherty in a matter in which advice has been sought as to merits and quantum of a claim for breach of contract in relation to a consultancy agreement in the renewable energy sector, valued over £2.5m.
Representing a claimant and successfully obtaining summary judgment in a claim concerning sums claimed for an outstanding invoice for goods sold and delivered.
Representing a Professional football club and successfully obtaining an order for security for costs against a claimant company in a High Court matter involving a breach of contract claim for £350k.
Acting as sole Counsel, advising on a professional negligence claim against a firm of accountants worth £1m with a significant cross border element.
Advising on a claim involving breach of contract, negligence, breach of statutory duty, and misrepresentation against a financial services provider, valued in excess of £4m.
Advising on a Singapore Arbitration, in connection with a security agreement entered into by a cryptocurrency exchange.
Advising on a claim involving breach of contract, breach of directors’ duties, unlawful means conspiracy, procuring a breach of contract, and knowing receipt against former directors of a company, valued at £3m.
Acting for a defendant who is being sued under a guarantee for in excess of £130,000.
Acting for an accounting firm in relation to a claim for outstanding invoices for services provided to a former employee.
Acting for a client and successfully obtaining an order for the discharge of a charging order in the unusual circumstances that the holder of the charge was a company in liquidation but with no appointed liquidators, such that there was no one able to receive payment of the secured judgment debt or consent to the discharge of the charging order.
Iain regularly advises on, drafts pleadings for, and appears in residential property disputes, including mortgage possession hearings and appeals, and residential tenancy possession proceedings. Iain has acted for mortgagees, private and social landlords, and tenants.
Iain has also appeared in the magistrates’ court in liability order hearings and injunction applications for access to properties by utility providers.
Recent matters have included:
Iain regularly appears in bankruptcy and winding up petitions and other insolvency-related hearings, including applications to set aside statutory demands and applications for validation orders.
Other recent matters include:
Successful in obtaining an urgent interim worldwide freezing order and a Norwich Pharmacal / Bankers Trust order, following an Authorised Push Payment (“APP”) fraud in which fraudsters posing as his client’s conveyancing solicitors persuaded her to transfer substantive funds into what was said to be her solicitors’ trust bank account.
The application for the freezing order was made on an urgent basis as soon as she discovered the fraud, and a freezing order obtained within a day of the application being issued. 90% of the funds were caught before they could be dissipated, and the banks involved have agreed to arrange that this be transferred back to her without the need for a further court order. The interim freezing order has now been discharged.
Representing a client and successfully obtaining an order granting a director permission to be involved in a “phoenix company” under s.216(3) of the Insolvency Act 1986
BCom (Economics and Law), University of Cape Town
LLB, University of Cape Town
Attorney of the High Court of South Africa (Non-Practising)
Member, Professional Negligence Lawyers Association
Member, Chartered Institute of Arbitrators (MCIArb)