Iain MacLauchlan (1992)

Iain MacLauchlan (1992)

Membership Status: Barrister - Full Member Qualified in 1992 Public Access Accredited

Profile

General Information

Iain is a specialist in Commercial Litigation and has worked in this area for over 20 years both at the Self-Employed and Employed Bar. After eight years in common law chambers in Sheffield, he worked in South East Asia for a couple of years before returning to the UK and becoming a senior Commercial Litigator / in-house Counsel in the Dispute Resolution departments respectively of two well known Yorkshire law firms. In 2008, he was promoted to Associate and supervised and ran a number of larger commercial cases.

From 2004, Iain has also been a Ministry of Justice appointed Examiner of the Court and is able to receive instructions to conduct examinations of witnesses and take depositions in compliance with the provisions of Part 34 of the Civil Procedure Rules 1998.

CASES

In his time, Iain has acted in many hundreds of cases, but some of the more notable ones include:

• Acting in a multi-million pound franchisee claim against a national fast-food chain

• Defending a group company within a national chain of stores in respect of a large money claim by a former supplier

• Acting for the UK arm of a well known international kitchen manufacturer in relation to disputes arising out of installations, training and trade marking

• Acting for a regional developer in a large professional negligence claim against its former Employer’s Agent arising out of a re-development project

• Defending a specialist installer in connection with works carried out to a residential property in Tenerife

• Acting for the UK arm of a German supplier of medical equipment in relation to the recovery of loan monies from a corporate sales agent

• Acting for a national company in a trade mark and passing off claim in Northern Ireland

• Acting for a TV company in connection with multiple claims against online businesses arising out of a well known brand of fitness equipment

• Advising on a letter of intent for a West Yorkshire College of Higher Education

SPECIALISMS

Iain will happily accept instructions in most areas of commercial and civil law practice but his main areas of specialism are:

•       Commercial and private contract disputes

•       Construction & Engineering disputes

•       Sale of Goods and Supply of Services

•       Exclusion and Limitation clauses

•       Professional Negligence disputes

•       Passing off and economic torts

•       Commercial defamation

•       Partnership disputes

•       Trade Marking disputes

•       Debt and Enforcement

•       Costs

•       Road Traffic Accidents

Iain has also recently been assisting clients in a number of base rate swap claims against  banks in connection with their obligations under the Conduct of Business Sourcebook rules and otherwise at law and within the framework of the current review of such products being carried out by a number of the Banks under the supervision of the Financial Conduct Authority.

Iain will accept instructions not only to prepare statements of case and orders etc. but also, if required, he can advise on and draft pre-action protocol correspondence, witness statements, application notices, court questionnaires, notices to admit etc.

Iain encourages early participation of Counsel in disputes and will agree competitive rates in order to advise on or attend directions hearings or interim applications etc., or advise on evidence and tactics at an early stage, for example.

He is accredited to accept instructions on a Public Access basis and to conduct litigation.

ACADEMICS

Iain is completing a research paper at Leeds Metropolitan University within the School of the Built Environment leading to a Master’s degree (MSc.) in Construction Law and Dispute Resolution under the School’s two year specialist program aimed at legal and construction professionals.

Iain is also an Affiliate Member of the Chartered Institute of Arbitrators (CIArb.) and a member of the Society of Construction Law.

GENERAL

Having himself conducted litigation for many years at a law firm, Iain well understands what levels of care, service and acumen are required by barristers in respect of their legal professional clients and their commercial and individual clients.

Just as other professionals, solicitors are answerable to their clients and they require Counsel to function as part of a legal team and to add proper value to a case just as much as they need them to be keenly priced.  Advice needs to be sensible and commercial and not about running some narrow legal point in court at significant cost risk for the benefit of the law reports.  As part of this process, Iain will happily discuss matters with professional clients on an initial ‘no obligation’ basis and, in the context of existing instructions, without the clock running, as it were.

He will also happily travel to solicitors’ or their clients’ offices for case conferences or conduct them by telephone or video link.

While in practice at a law firm, Iain had responsibility for conducting and arranging CPD training in connection with topics relevant to Dispute Resolution and has substantial experience of delivery of short professional training sessions for busy solicitors.  Given that experience he offers free CPD on site and remote training for law firms in the Yorkshire and North East areas.

TESTIMONIALS:

‘Iain is an experienced and extremely professional commercial litigator ... with great attention to detail, understanding of legal principles and ability to apply the law to complex facts. I have no hesitation in recommending him as a more than competent, able and experienced litigator.’  Robert Brackup, Dispute Resolution Partner, Chadwick Lawrence LLP

‘I have found Iain to be professional and diligent while ensuring that complex legal issues are presented in such a way that clients can understand. His interjection in an ongoing lengthy case resulted in excellent progress and improved our position a great deal. I can recommend him without reservation to future clients.’ 
Tim Dickinson, Managing Director, RBM Limited

‘Iain is very easy to deal with and he listens and understands the case he is tasked to deal with. He offers practical and professional advice and is quick to react and offer sound advice based on his experience of the field. He has always achieved a fair result for me.’ - Justin Eaton, Managing Director, Storeplan Limited

‘Iain’s advice has always been reliable’  - Mark Ward, Operations Director, Poundworld

 

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