Graeme McPherson KC

Practice Areas

Principal areas of practice are (1) professional liability (in particular claims involving legal, financial and sports professionals), (2) professional discipline and regulation (3) sports law, regulation and discipline, (3) insurance disputes, and (4) domestic and international commercial litigation, including insurance & finance services litigation.

Sits as an Arbitrator (sports, commercial and insurance disputes). Sits as Chair/member of various sporting Judicial and Appellate Panels, including Premier League, FA and British Athletics. Independent Selector for British Equestrian.

Recent important cases include:

Professional Liability, Insurance & 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) [scope of 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]; Re Fincantieri (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’]; Ackerman v Thornhill KC & Others (Ch) [scope of res judicata defence]; Bennett v Assetz (Ch) [overseas property mis-selling]; Re Perry (Ch, Cayman Grand Court) [Entitlement to injunctive relief]; ITC v Ferster (CA) [Scope of entitlement to equitable relief); Poulton v Cutty Sark (Cayman Grand Court) [Entitlement to succeed to offshore trust]

Equestrian Sport: BHA v Various (BHA Disciplinary Panel & Appeal Board) [corruption, doping, sporting disrepute, riding offences]; 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]

Other Sport: FA/EFL v Various (Reg Commission, Appeal Board) [football arbitrations and disciplinary hearings]; Various Governing Bodies v Various (Sports Resolution) [Olympic & World Championship Selection Disputes]; Sports Mantra v Force India (Ch) [F1 sponsorship dispute]; IAAF v Various athletes [IAAF & CAS) [doping]; RFU/WR v Various (RFU & WR) [doping, disciplinary]; McCann v Bisping (QB) [fighter/agent dispute]; Pelosi v WBA FC (QB) [injunction to stay litigation to Rule K arbitration]; Tod v Swim Wales (QB) [scope of implied contract]

Professional Discipline: SRA v Various (SDT) [dishonesty, want of integrity]; BSB v Various (BTAS Tribunal) [dishonesty, recklessness, misconduct]; RICS v Various (RICS 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]. RCVS v Jones & RCVS v Auerbach (RCVS Disciplinary Panel) [disgraceful conduct].

Career

MA (Cantab). Called (Gray's) 1993 - scholar. Joined Four New Square (formerly 2 Crown Office Row) in 1993. Silk 2008.

Professional Memberships

PNBA, COMBAR, ChBA, BASL, ADRL.

Publications

Former Editor of 'Jackson & Powell on Professional Liability' (7th edition).

Personal

Educated at Canford School, Wimborne and Emmanuel College, Cambridge. Leisure interests: Training NH racehorses.