Iain specialises in large-scale corporate and financial services litigation for a mix of UK and international corporate clients, banks and financial institutions. He became head of litigation and dispute resolution in 2008.
Iain advises on a wide range of corporate disputes including shareholder disputes; claims for breach of fiduciary duty against directors & senior employees; fraud issues; the rights and obligations of directors; derivative actions and unfair prejudice petitions; insolvency issues and restructuring. He also handles disputes arising out of mergers and acquisitions, joint ventures and warranty claims, often of a multi-jurisdictional nature and has particular expertise in matters involving private equity investments.
He acts for banks, financial institutions and fund managers in relation to disputes concerning fund and asset management, lending/security, complex financial instruments (particularly derivatives), trade finance and internal investigations. He has extensive experience of regulatory investigations by the FCA and other regulators, both in the UK and elsewhere, and advises on market abuse and compliance issues.
He is regularly involved in advising non-UK clients involved in English law disputes, particularly in relation to international arbitrations concerning commercial and corporate matters, and in dealing with complex cross-border litigation.
Recent highlights include:
- representing ARMS plc (formerly Bumi plc) in relation to ongoing litigation and regulatory matters arising out of an investigation undertaken on behalf of the company concerning allegations of irregular payments, including a substantial arbitration in Singapore, claims connected with the subject of the investigation and liaising with regulators in a number of jurisdictions including dealing with enforcement proceedings concerning breaches of the Listing Rules brought by the FCA;
- representing a range of regulated clients including corporate finance houses, private equity firms, hedge funds, stockbrokers and approved persons in FCA investigations and enforcement proceedings, and in investigations by other UK and overseas regulators. Iain has represented clients before the Regulatory Decisions Committee of the FCA, for example, acting for Hoodless Brennan in two disciplinary matters brought by the FCA, including the first major case to go before the FMSA Tribunal;
- acting for Salford Capital Partners Inc in its capacity as general partner of a limited partnership in a dispute between Boris Berezovsky and the family of Badri Patarkatsishvili;
- acting for Jetivia S.A., a Swiss trading company, in a dispute concerning VAT issues, which has been the subject of a number of widely reported decisions concerning the effect of arbitration agreements and the ability of an insolvent company to bring proceedings for breach of duty against its former directors, a point determined by the Supreme Court in April 2015;
- acting for the Municipalities of Haugesund and Narvik in claims brought by them against Depfa Bank concerning certain complex swap transactions. The municipalities successfully obtained declarations from the Commercial Court, upheld by the Court of Appeal, that the transactions were void as they were ultra vires under Norwegian law;
- acting for listed companies, institutions and private equity investors on issues arising out of contested public takeovers and minority shareholder disputes, regularly involving dealing with issues arising in a number of jurisdictions; and
- advising in relation to funds, private equity, joint venture and limited partnership disputes, including sensitive and high value litigation in a number of other jurisdictions.
Head of the dispute resolution department Iain Mackie is considered "absolutely first class" by market commentators, who add that he is "very strategic and subtle in how he gets things done."
Chambers UK 2017
"The 'outstanding' Iain Mackie heads the dispute resolution group and receives strong endorsement from peers and clients. One source comments: 'He comes across as being incredibly self-effacing and nice, which he is, but he's got an inner hard edge to him that you mustn't underestimate: he can be really steely when he needs to be'."
Chambers UK 2016
Iain Mackie is ranked as a leading individual.
The UK Legal 500 2015
"Iain Mackie is 'solution focused'."
The UK Legal 500 2015
"Head of department Iain Mackie is described as 'very impressive and able, and he runs an incredibly impressive outfit'."
Chambers UK 2015
"Iain Mackie is an 'exceptionally good litigator'."
The UK Legal 500 2014