Graeme McPherson KC KC > 4 New Square Chambers > London, England > Barrister Profile
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Graeme McPherson KC KC
Position
Principal areas of practice are (1) professional liability (in particular claims involving accountants and auditors, solicitors and barristers, financial service professionals and sports agents), (2) professional discipline (3) sports law and discipline, and (4) commercial litigation, including insurance & finance services litigation. Recent important cases include: Professional Liability & Commercial: Coulthard v Neville Russell (CA) [scope of auditors’ duty of care]; Barex Brokers v Morris Dean (CA) [scope of valuers’ duty of care]; Flannery v. Halifax EA (CA) [duty of judge to give adequate reasons]; IAICL v Cook (CA) [scope of auditors’ duty of care]; University of Keele v PWC (CA) [construction of exclusion clause in accountants’ retainer]; Keydon Estates v Eversheds (Ch) [damages for loss of hypothetical profit]; Glyn v McGarel-Groves (QB) [scope of treating and supervising vets’ duties]; Shawton Engineering v DGP (CA) [scope of PII cover provided by a design & build policy]; Hickman v Blake Lapthorn (QB) [duties of barrister when advising on settlement]; Sunderland Mutual Marine v Wiseman (Comm) [conflict of laws within UK]; Hedrich v Standard Bank (CA) [wasted costs; duties to court]; Fulham Leisure Holdings v Nicholson Graham Jones (CA) [claim arising from sale of Fulham AFC]; Kidsons v Various Underwriters (CA) [‘notification’ under a PII policy]; Webster v Sandersons (CA) [damages for reflective loss]; Gill v Humanware (CA) [wasted costs jurisdiction in ETs]; Spreadex v Barnes (Ch) [claim arising from drafting of a gambling arrangement]; Fonexco v Manches (QB) [obligations of a solicitor in a jurisdiction race]; Zurich v Brown & Barnes (Ch) [construction of Solicitors MTCs]; Thomas v Capita (Ch) [film finance litigation]; Mengiste v EFFORT (CA) [recusal of Judge; wasted costs]; Baxter v Howreys (Comm) [claim arising from mishandled litigation]; Redstone Mortgages v B Legal (Ch) [solicitors’ obligations towards mortgagee client]; AIB v Mark Redler & Co (SC) [breach of trust against solicitors; measure of compensation]; Platform v Persimmon (Ch) [claim in fraudulent misrepresentation]; Marrache v Baker Tilly (Gib SC) [scope of ex turpi causa defence]; Standard Life v Collins (Comm) [claim against director]; MEX v Hindle Campbell (Ch) [group litigation against solicitors said to have been involved in conspiracy to conduct mortgage fraud]; Dewey & Lebeouf v Kerself (Comm) [obligations of corporate solicitors handling an overseas bond issue]; Re Duff & Phelps (Comm) [collapse of Rangers FC]; Re Deep Purple (Ch) [recovery of stolen royalties]; Fincantieri v Clyde & Co (TCC) [failed arbitration over construction of a mega-yacht]; HGF v Goodman Derrick (Comm) [litigation over sale of an Impressionist masterpiece]; Harding Evans v Spencer-White (CA) [scope of solicitors lien; implication of terms of ‘trust & confidence’]. Sport: Nicky Henderson, Aidan O’Brien, Howard Johnson, CASELA PARK, Jim Boyle, Mahmood Al Zarooni, Gerard Butler, Jim Best, Grand National 2014, Bradley & Powell; 2015 St Leger appeal (BHA Disciplinary Panel & Appeal Board) [corruption, doping, sporting disrepute]; Whittaker (FEI Inquiry) [doping]; Mullins v Jockey Club (Admin Ct) [amenability of sporting bodies to judicial challenge]; Arachi v Fallon (CA) [injunction to prevent jockey from riding in Derby]; Burton v British Shooting (Sports Resolutions) [Olympic selection dispute]; Sports Mantra v Force India (Ch) [F1 sponsorship dispute]; Various athletes [IAAF & CAS) [doping]; Various rugby players (RFU & WR) [doping, disciplinary]; Pelosi v WBA FC (QB) [injunction to stay litigation to a Rule K arbitration]. Professional Discipline: RCVS v Jones & RCVS v Auerbach (RCVS Disciplinary Panel) [disgraceful conduct]; BSB v McCarthy & BSB v Thornhill QC (Bar Disciplinary Tribunal) [dishonesty, misconduct]; Hedrich v Standard Bank (CA), Gill v Humanware (CA), Mengiste v EFFORT (CA) [wasted costs]; FSA v Miller (FCA); GFSC v Several Individuals (GFSC) [Financial Services Regulation].
Career
Called 1993, Grays Inn; QC 2008.
Memberships
PNBA, COMBAR, ChBA, BASL, ADRL.
Education
Canford School, Dorset; Emmanuel College, Cambridge (1992 BA Hons; 1996 MA).
Leisure
Horse racing.
Lawyer Rankings
London Bar > Insurance and reinsurance
(Leading Silks)Ranked: Tier 2London Bar > Professional negligence
(Leading Silks)Ranked: Tier 1Graeme McPherson KC –4 New Square ‘Graeme is tough and thorough. He is utterly trustworthy, which is very valuable with any tribunal.’
London Bar > Sport
(Leading Silks)Ranked: Tier 1Fielding ‘excellent barristers’, 4 New Square Chambers has vast experience in football and horse racing disputes, regularly appearing in courts, specialist tribunals, and arbitrations. The set regularly acts for sports governing bodies and Premier League football clubs, showcased by Graeme McPherson KC chairing disciplinary hearings in respect of charges against various Premier League and EFL football clubs over misconduct. Richard Liddell KC has in-depth expertise in anti-doping cases such as representing the International Tennis Integrity Agency in a case resulting in a four-year ban of former world number one Simona Halep, whilst Kendrah Potts is acting for Crystal Palace in its defence of a misconduct charge against the Premier League arising due to financial misconduct. Additionally, Pippa Manby represents Cardiff City in an appeal against the EFL’s imposition of a transfer ban, and Theo Barclay is acting for Matchroom Sport in a claim against Boxxer over an alleged contractual breach.
London Bar > Professional disciplinary and regulatory law
(Leading Silks)Ranked: Tier 1Graeme McPherson KC –4 New Square ‘His work is of the highest quality, and he is a go-to advocate if you want someone robust and incisive.’
4 New Square garners praise from clients for its ‘significant strength in-depth in the professional discipline field‘. Graeme McPherson KC is a highly regarded practitioner in the space, with an established track record in representing solicitors, barristers, auditors, financial professionals and accountants in disciplinary proceedings. In recent instructions for the group, Nicholas Bacon KC successfully acted for the defendants in the High Court in Mackenzie v Rosenblatt Solicitors & Anor, a case involving allegations of breach of duty and negligence on the part of the law firm for allegedly failing to advise the claimant that his claim for unlawful conspiracy against his former employer had no real prospect of success. Among the juniors, the ‘strong advocate‘ Scott Allen is well versed in advising on disciplinary proceedings involving accountants and solicitors.
The English Bar Offshore > Commercial disputes
(Leading Silks)Ranked: Tier 3Graeme McPherson KC – 4 New Square Chambers ‘Graeme is brilliant. Judges really listen to him, his strategic guidance has been invaluable, and he is an excellent advocate.’
The members at 4 New Square Chambers boast expertise in handling contentious work across the Caribbean, Channel Islands, and the Isle of Man in shareholder disputes, contentious liquidations, and civil fraud matters. Justin Fenwick KC specialises in onshore and offshore commercial litigation, with an emphasis on fraud cases. Graeme McPherson KC has been notably busy in the Cayman Islands with expertise in insurance litigation and professional liability claims. He is acting for the claimant in The Armand Hammer Foundation Inc v Hammer International Foundation in the Cayman Financial Services Division which concerns substantial assets that were allegedly misappropriated through impermissible corporate resolutions, and their subsequent recovery. Ben Hubble KC is another key silk with significant offshore experience in the Caribbean, while Graham Chapman KC is skilled in Cayman-based proceedings. Business disputes with a financial element are a particular strength of Daniel Saoul KC, and he is representing the claimant in Privatbank v Kolomoisky, Boglyubov and Others, a $2.6bn claim against shareholders and directors based on allegations of a series of frauds. George Spalton KC‘s practice has an emphasis on complex civil fraud. Lucy Colter and Mark Cullen are notable juniors at the set.