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Arbitrators

Aileen McErlean

Aileen McErlean

Position

Aileen is a busy and highly regarded commercial, companies and insolvency barrister.  She acts for clients in complex and high-value domestic and international disputes.

She regularly appears, both as sole counsel and as part of a team, in the Business and Property Courts (including Commercial Court, Insolvency and Companies Court and in the specialist Chancery lists) and arbitration, in trials and the full range of interlocutory applications including urgent applications for injunctive relief.

Aileen is recommended as a leading junior for her insolvency work and her practice covers all aspects of onshore and cross-border insolvency litigation, acting for office-holders (as well as creditors, litigation funders and directors).  Aileen has particular experience of insolvencies involving major insurance companies as well as insolvencies in the construction industry.  She has a keen understanding of the challenges such cases pose.  Aileen is a contributor to the leading textbook  Construction Insolvency, edited by Sarah McCann, published by Sweet & Maxwell in 2022.

In her commercial and companies practice, Aileen has extensive experience of claims against directors, shareholder disputes, joint venture disputes and related company law and governance issues. Her experience includes derivative actions, unfair prejudice petitions, claims for breach of share purchase agreements and challenges to the enforceability of guarantees. Aileen routinely deals with cases involving civil fraud, misrepresentation, breach of fiduciary duty, breach of warranty, breach of confidence and allegations of bad faith.  She is a go-to barrister in these areas and is regularly instructed to act on such cases for clients including multi-nationals, utilities companies, banks and insurers.

Aileen’s practice also extends to professional negligence claims against directors, insolvency and finance professionals and office-holders (particularly in claims involving the viability of companies and other businesses).  She is also a contributor to  Insurance Broking Practice and Law, edited by CMS Cameron McKenna, Informa, Looseleaf.

An approachable and user-friendly team-player, Aileen is also a tenacious advocate, who combines first rate legal analysis with pragmatic tactical advice. She is an excellent ally to have in the most difficult cases.

Career

Call: 2011

Memberships

Associate Member of R3 COMBAR London Common Law and Commercial Law Bar Association Member of Chancery Bar Association Young Fraud Lawyers Association ArbitralWomen

Education

Bar Vocational Course: Outstanding Law LLB (Bristol University): 2:1

Leisure

Away from chambers, Aileen can be mainly found cooking (she is a graduate of the Advanced Diploma in Food and Wine from Leiths), in the stands at Saracens RFC or walking her (impossibly cute) French bulldog, Eric.

Mentions

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