Ian Bergson

Practice Areas

Barrister specialising in commercial litigation and arbitration, civil fraud, banking and financial services and aviation. Ian’s practice frequently involves conflict of laws issues and he has authored a number of publications on private international law.

Ian acted in the Tchenguiz, Slater and Gordon and SKAT litigation (The Lawyer ‘Top Cases’ of 2018, 2019 and 2021 respectively), VTB Capital v Republic of Mozambique and ors (>$750 million claim) and Auden McKenzie v Patel (>£250 million claim). He has also acted on significant Supreme Court and Court of Appeal appeals, including the recent landmark decision in Philipp v Barclays on APP fraud and the One Step case on negotiating damages.

His recent highlights include:

• Philipp v Barclays Bank UK plc [2023] UKSC 25: Acting for Barclays Bank in their successful appeal to the Supreme Court concerning whether banks owe a duty of care to their customers in respect of authorised push payment fraud. The Supreme Court recast the Quincecare duty, and rationalised it by reference to agency principles (led by Patrick Goodall KC).

• SKAT v Solo Capital Partners and others: Acting for certain defendants in claims for >£1.5 billion brought by the Kingdom of Denmark relating to dividend arbitrage and cum ex trading and allegations of fraudulent withholding tax reclaim applications. The case is one of the largest fraud claims to have been brought in the English courts in recent years, involving up to thirty separate legal teams and was the subject of a significant judgments on the revenue rule in April 2021 and February 2022 (led by Adam Zellick KC and as sole counsel).

• Tchenguiz v Grant Thornton: Acting for the claimants in unlawful means conspiracy and malicious prosecution claims arising from an SFO investigation. 12-week Commercial Court trial and one of The Lawyer’s ‘Top Cases’ of 2018. A settlement was reached with a related party once the case had been opened (led by Stephen Rubin KC and Charles Béar KC).

• Slater & Gordon v Watchstone: Acting for Slater & Gordon in their £637 million claim for fraud and breach of warranty following the sale of Watchstone’s / Quindell’s professional services division in 2015 (led by Simon Salzedo KC). This is one of The Lawyer’s ‘Top Cases’ of 2019. Acting in the successful defence of subsequent Part 20 proceedings arising out of the same transaction: [2023] EWHC 1133 (Comm) (led by James Brocklebank KC).

• One Step v Morris Garner [2018] UKSC 20, [2019] A.C. 649: Acting for the successful appellants in their Supreme Court appeal in a substantial restrictive covenant dispute. The decision is a leading authority on the law of damages, concerning Wrotham Park / negotiating damages for breach of contract (led by Charles Béar KC).

Career

Called 2015; Inner Temple.

Former Solicitor specialising in Dispute Resolution; Associate (2012 – 2015) and Trainee Solicitor (2010 – 2012) at Linklaters LLP.

Professional Memberships

COMBAR.

Publications

Chapter on ‘Godard v Gray and Schibsby v Westernholz’ Merrett and Day (ed.), ‘Landmark Cases on Private International Law’; ‘Chapter on ‘Good arguable case’, Worthington and Day (ed.) ‘Challenging Private Law: Lord Sumption on the Supreme Court; ‘Service out in the Supreme Court (again)’ (2022) 138 L.Q.R. 199; ‘A new frontier for Brussels I – private law remedies for breach of the Regulation? [2017] 13 Journal of Private International Law 356.

Personal

Balliol College Oxford, BA Jurisprudence (First Class, 2008), BCL (Distinction, 2014); College of Law, Legal Practice Course (Distinction, 2009).