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Iain Milligan QC

MA (Cantab)

Iain Milligan QC acts both as adviser and advocate in all areas of commercial law. He specialises first and foremost as a commercial litigator, albeit with emphasis on banking (particularly derivatives), financial services, mergers and acquisitions, oil and gas, commodities, insurance and reinsurance, shipping, aviation, competition and professional negligence in related fields.

Recent cases have included advice and litigation concerning oilfields in India and Kenya, competition in the context of the air cargo cartel and the aluminium market, funding of Turkish telecoms, limited partnerships as investment vehicles and extensive litigation on behalf of the administrators of Lehman Bros. More generally, advice and litigation have concerned derivatives, bond issues, retail bank charges, financial services, misrepresentations in the context of a flotation, the consequences of change of control and related regulatory matters, shareholders' agreements, auditors' negligence in the context of takeovers and insolvency, assignment and set-off, telecommunications, insurance and reinsurance, aviation (including aircraft finance and leasing), shipping, carriage by land, the financing, construction and sale of power stations and chemical plants, the construction of oil rigs and ships, joint ventures in respect of ships, dispositions of land as part of a corporate transaction, land development in Hong Kong, EC regulation of competition and EC Directives on motor insurance.

Many of the disputes in which Iain Milligan appears are referred to arbitration, both in London and abroad. He has wide experience of international arbitration. He is a member of the London Court of International Arbitration, a member of Arbitration for Commerce and Industry and he is a supporting member of the London Maritime Arbitrators' Association. He has in the past been appointed as arbitrator by the International Chamber of Commerce, the London Court of International Arbitration and under the rules of the London Maritime Arbitrators Association.

Specialisations: 

  • Banking
  • Derivatives
  • Financial Services
  • Mergers and Acquisitions
  • Oil and Gas
  • Commodities
  • Insurance and Reinsurance
  • Shipping
  • Aviation
  • Competition and Professional Negligence in related fields.

Principal Cases: 

Commercial litigation

Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd Privy Council (British Virgin Islands) [2013] UKPC 25; Subject: Banking and finance Keywords: British Virgin Islands; Consent orders; Forfeiture; Loans; Redemption; Relief; Variation

Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd Privy Council (British Virgin Islands) [2013] UKPC 20 Subject: Banking and finance Keywords: British Virgin Islands; Default; Discretion; Equitable mortgages; Equity of redemption; Forfeiture; Loan agreements; Relief; Shares

Bunge SA v Kyla Shipping Co Ltd (Kyla, The) Also known as: Kyla Shipping Co Ltd v Bunge SA Court of Appeal (Civil Division) [2013] EWCA Civ 734; [2013] 3 All E.R. 1006; [2013] 2 All E.R. (Comm) 577 Subject: Arbitration Keywords: Appeals; Arbitration awards; Charterparties; Court of Appeal; Jurisdiction; Permission to appeal

Lehman Brothers International (Europe) (In Administration), Re Court of Appeal (Civil Division) [2013] EWCA Civ 188 Subject: Banking and finance; Contracts Keywords: Agreements; Derivatives; Groups of companies; International Swaps and Derivatives Association; Interpretation; Master agreements

Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd Privy Council (British Virgin Islands) [2013] UKPC 2 Subject: Banking and finance; Equity; Company lawKeywords: Acceleration clauses; British Virgin Islands; Default; Equitable mortgages; Financial collateral arrangements; Forfeiture; Loan agreements; Relief; Shareholders' agreements

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG Court of Appeal (Civil Division) [2012] EWCA Civ 1714 Subject: Civil procedure; Torts; Insurance; Conflict of lawsKeywords: Agreements; Causes of action; Malicious falsehood; Marine insurance; Pending actions; Settlement; Stay of proceedings; Tomlin orders

Certain Limited Partners in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LP Queen's Bench Division (Commercial Court) [2012] EWHC 3259 (Comm) Subject: Partnerships; Contracts; Banking and financeKeywords: Contract terms; Derivative claims; General partners; Interpretation; Investment funds; Limited partners; Limited partnerships; Managers; Partnership agreements; Powers of investment

Lehman Brothers International (Europe) (In Administration), Re Chancery Division (Companies Court) [2012] EWHC 2997 (Ch) Subject: Banking and financeKeywords: Charges; EU law; Financial collateral arrangements; Floating charges; Retrospective legislation; Security

VTB Capital Plc v Nutritek International Corp Court of Appeal (Civil Division) [2012] EWCA Civ 808 Subject: Civil procedure; Company law; Contracts; Torts; Banking and finance; Conflict of lawsKeywords: Agreements; Amendments; Applicable law; Corporate personality; Deceit; Dissipation of assets; Forum non conveniens; Fraud; Fraudulent misrepresentation; Freezing injunctions; Loans; Service out of jurisdiction; Unlawful means conspiracy

Lehman Brothers International (Europe) (In Administration), Re Chancery Division (Companies Court) [2012] EWHC 1072 (Ch) Subject: Banking and finance; Contracts; InsolvencyKeywords: Agreements; Derivatives; Groups of companies; Insolvency; Interpretation; Related party transactions

Lombard North Central Plc v GATX Corp Queen's Bench Division (Commercial Court) [2012] EWHC 1067Subject: Arbitration; Civil procedure Keywords: Agreements; Arbitration agreements; Inherent jurisdiction; Stay of proceedings

Lehman Brothers International (Europe) (In Administration), Re Supreme Court [2012] UKSC 6 Subject: Insolvency; Financial regulation; Trusts; Banking and financeKeywords: Administration; Client accounts; Client money; Distribution; Financial institutions; Pooling; Statutory trusts

Lehman Brothers International (Europe) (In Administration), Re Court of Appeal (Civil Division) [2011] EWCA Civ 1544 Subject: Banking and finance Keywords: Beneficial ownership; Estoppel; Repurchase agreements; Securities

Nomihold Securities Inc v Mobile Telesystems Finance SA Queen's Bench Division (Commercial Court) [2011] EWHC 3456 (Comm) Subject: Civil procedure; ArbitrationKeywords: Arbitration claims; Awards; Enforcement

A v B Queen's Bench Division (Commercial Court) [2011] EWHC 2345 (Comm) Subject: Arbitration Keywords: Arbitrators; Awards; Bias; Disclosure; Removal; Serious irregularity

Meritz Fire & Marine Insurance Co Ltd v Jan de Nul NV Court of Appeal (Civil Division) [2011] EWCA Civ 827 Subject: Banking and finance; Company law; Shipping; Contracts Keywords: Banking and finance; Demands; Guarantees; Mergers; Novation; Shipbuilding; Successor companies

Meritz Fire & Marine Insurance Co Ltd v Jan de Nul NV Queen's Bench Division (Commercial Court) [2010] EWHC 3362 (Comm) Subject: Banking and finance; Company law; Shipping; ContractsKeywords: Banking and finance; Contract terms; Guarantees; Performance bonds; Shipbuilding; Successor companies; Sureties; Variation

Lehman Brothers International (Europe) (In Administration), Re (Costs) Chancery Division (Companies Court) [2010] EWHC 3044 (Ch) Subject: Civil procedure; Banking and finance; Insolvency Keywords: Applications; Apportionment; Beneficial ownership; Costs; Costs between the parties; CPR; Directions; Joint applications; Securities

Lehman Brothers International (Europe) (In Administration), Re Chancery Division (Companies Court) [2010] EWHC 2914 (Ch) Subject: Banking and finance; TrustsKeywords: Agency; Beneficial ownership; Proprietary interests; Repurchase agreements; Securities; Settlement; Stock lending; Trusts

Emerald Supplies Ltd v British Airways Plc Court of Appeal (Civil Division) [2010] EWCA Civ 1284 Subject: Civil procedure; Competition law Keywords: Air freight; Civil procedure; Common interest; Price fixing; Representative actions; Striking out

Lehman Brothers International (Europe) (In Administration), Re Court of Appeal (Civil Division) [2010] EWCA Civ 917 Subject: Insolvency; Financial regulation; Banking and finance; TrustsKeywords: Administration; Bank accounts; Client accounts; Distribution; Pooling; Statutory trusts

Haugesund Kommune v Depfa ACS Bank Court of Appeal (Civil Division) [2010] EWCA Civ 579 Subject: Banking and finance; Contracts; Restitution; Local government Keywords: Banks; Borrowing powers; Capacity; Change of position; Failure of consideration; Good faith; Investments; Loan agreements; Local authorities' powers and duties; Money had and received; Norway; Public policy; Swap agreements; Void contracts

Lehman Brothers International (Europe) (In Administration), Re Chancery Division (Companies Court) [2009] EWHC 3228 (Ch) Subject: Insolvency; Banking and finance; TrustsKeywords: Administration; Bank accounts; Distribution; Set-off; Statutory trusts; Tracing

Haugesund Kommune v DEPFA ACS Bank Queen's Bench Division (Commercial Court), 04 September 2009 Subject: Local government; Local government; Contracts; Negligence; Restitution Keywords: Authority; Banks; Borrowing powers; Capacity; Change of position; Failure of consideration; Good faith; Investments; Legal advice; Loan agreements; Local authorities' powers and duties; Mistake; Swap agreements Where Reported: [2009] EWHC 2227 (Comm)

Dornoch Ltd v Westminster International BV Queen's Bench Division (Admiralty Court), 17 July 2009 Subject: Insurance; Shipping Keywords: Applicable law; Constructive total loss; Estoppel by convention; Marine insurance; Proprietary interests; Ships; Subrogation; Transactions at an undervalue; Transactions defrauding creditors; Wrecks Where Reported: [2009] EWHC 1782 (Admlty); [2009] 2 Lloyd's Rep. 420

Dornoch Ltd v Westminster International BV Queen's Bench Division (Admiralty Court), 29 April 2009 Subject: Insurance; Conflict of laws; Shipping; Trusts; Equity Keywords: Beneficial interests; Conflict of laws; Constructive total loss; Election; Equitable liens; Marine insurance; Notice of abandonment; Proprietary interests; Salvage; Ships; Subrogation; Wrecks Where Reported: [2009] EWHC 889 (Admlty); [2009] 2 All E.R. (Comm) 399; [2009] 2 Lloyd's Rep. 191; [2009] 1 C.L.C. 645; [2009] Lloyd's Rep. I.R. 573

Office of Fair Trading v Abbey National Plc Court of Appeal (Civil Division), 26 February 2009 Subject: Consumer law; Banking and finance Keywords: Assessment; Bank charges; Current accounts; EC law; Fairness; Unfair contract terms Where Reported: [2009] EWCA Civ 116; [2009] 2 W.L.R. 1286; [2009] 1 All E.R. (Comm) 1097; [2009] 2 C.M.L.R. 30; (2009) 106(10) L.S.G. 16; Times, March 3, 2009

Dornoch Ltd v Westminster International BV Queen's Bench Division (Admiralty Court), 12 February 2009 Subject: Insurance; Shipping; Civil procedure; Conflict of laws Keywords: Addition of parties; Collisions at sea; Constructive total loss; Jurisdiction clauses; Marine insurance; Salvage Where Reported: [2009] EWHC 201 (Admlty); [2009] I.L.Pr. 37; [2009] Lloyd's Rep. I.R. 540

Office of Fair Trading v Abbey National Plc Queen's Bench Division (Commercial Court), 08 October 2008 Subject: Banking and finance; Contracts; Consumer law Keywords: Bank charges; Breach of contract; Cheque cards; Contract terms; Current accounts; Overdrafts; Penalties; Standard terms Where Reported: [2008] EWHC 2325 (Comm); [2009] 1 All E.R. (Comm) 717

HSBC Bank Plc v 5th Avenue Partners Ltd Queen's Bench Division (Commercial Court), 23 May 2008 Subject: Civil procedure Keywords: Costs orders; Deceit; Indemnity basis; Priorities Where Reported: [2008] EWHC 3405 (Comm)

Office of Fair Trading v Abbey National Plc Queen's Bench Division (Commercial Court), 24 April 2008 Subject: Banking and finance; Consumer law; Contracts Keywords: Bank charges; Current accounts; Good faith; Overdrafts; Penalties; Supply of services; Unfair contract terms Where Reported: [2008] EWHC 875 (Comm); [2008] 2 All E.R. (Comm) 625; (2008) 105(18) L.S.G. 23; (2008) 158 N.L.J. 633; (2008) 152(18) S.J.L.B. 28; Times, April 29, 2008

Royal & Sun Alliance Insurance Plc v BAE Systems (Operations) Ltd Queen's Bench Division (Commercial Court), 15 April 2008 Subject: Arbitration Keywords: Arbitration appeals; Error of law Where Reported: [2008] EWHC 743 (Comm); [2008] 1 Lloyd's Rep. 712; [2008] 1 C.L.C. 711; [2008] Bus. L.R. D127

Ixis Corporate and Investment Bank (Formerly CDC Ixis Capital Markets) v Westlb AG Queen's Bench Division (Commercial Court), 18 July 2007 Subject: Civil procedure; Banking and finance Keywords: Consolidated proceedings; Loans; Preparation for trial; Securitisation Where Reported: [2007] EWHC 1748 (Comm)

Nomura International Plc v Granada Group Ltd Queen's Bench Division (Commercial Court), 23 March 2007 Subject: Civil procedure Keywords: Abuse of process; CPR; Claim forms; Limitation periods Where Reported: [2007] EWHC 642 (Comm); [2008] Bus. L.R. 1; [2007] 2 All E.R. (Comm) 878; [2007] 1 C.L.C. 479

Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd Court of Appeal (Civil Division), 09 March 2007 Subject: Civil procedure; Banking and finance; Civil evidence; Financial regulation; Company law Keywords: Companies; Confidential information; Disclosure and inspection; Documents; Financial Services Authority; Financial services; Interviews; Knowledge; Publication Where Reported: [2007] EWCA Civ 197; [2007] Bus. L.R. 971; [2007] 2 All E.R. 791; [2008] 2 B.C.L.C. 116; Times, April 6, 2007

Tradigrain SA v Intertek Testing Services (ITS) Canada Ltd Court of Appeal (Civil Division), 28 February 2007 Subject: Insurance; Contracts Keywords: Contract terms; Insurance contracts Where Reported: [2007] EWCA Civ 154; [2007] 1 C.L.C. 188; [2007] Bus. L.R. D32; Times, March 20, 2007

Crehan v Inntrepreneur Pub Co (CPC) House of Lords, 19 July 2006 Subject: Competition law; European Union Keywords: Anti competitive practices; Beer; EC law; European Commission; National courts; Tie ins Where Reported: [2006] UKHL 38; [2007] 1 A.C. 333; [2006] 3 W.L.R. 148; [2006] 4 All E.R. 465; [2006] U.K.C.L.R. 1232; [2007] E.C.C. 2; [2006] Eu. L.R. 1189; [2006] I.C.R. 1344; [2006] 30 E.G. 103 (C.S.); (2006) 150 S.J.L.B. 983; [2006] N.P.C. 85; Times, July 20, 2006

Weissfisch v Julius Court of Appeal (Civil Division), 08 March 2006 Subject: Arbitration; Civil procedure Keywords: Arbitration agreements; Arbitrators; Disputing the courts jurisdiction; Interim injunctions; Jurisdiction; Stay of proceedings Where Reported: [2006] EWCA Civ 218; [2006] 2 All E.R. (Comm) 504; [2006] 1 Lloyd's Rep. 716; [2006] 1 C.L.C. 424; Independent, March 10, 2006

Centre Reinsurance International Co v Curzon Insurance Ltd Court of Appeal (Civil Division), 11 February 2005 Subject: Insurance; Insolvency; Personal injury Keywords: Administration orders; Asbestos; Claims handling; Insolvency; Personal injury claims; Reinsurance contracts Where Reported: [2005] EWCA Civ 115; [2005] 2 All E.R. (Comm) 65; [2006] 1 B.C.L.C. 225; [2005] 1 C.L.C. 78; [2006] B.P.I.R. 1122; [2005] Lloyd's Rep. I.R. 303; Times, February 28, 2005

Barclays Mercantile Business Finance Ltd v Mawson (Inspector of Taxes) House of Lords, 25 November 2004 Subject: Tax; Commercial law; Banking and finance; Utilities Keywords: Capital allowances; Corporation tax; Leasing; Tax planning Where Reported: [2004] UKHL 51; [2005] 1 A.C. 684; [2004] 3 W.L.R. 1383; [2005] 1 All E.R. 97; [2005] S.T.C. 1; 76 T.C. 446; [2004] B.T.C. 414; 7 I.T.L. Rep. 383; [2004] S.T.I. 2435; (2004) 154 N.L.J. 1830; (2004) 148 S.J.L.B. 1403; Times, November 27, 2004

CMA CGM SA v Classica Shipping Co Ltd (The CMA Djakarta) Court of Appeal (Civil Division), 12 February 2004 Subject: Shipping Keywords: Cargo owners; Charterers; Damage to property; Dangerous goods; Limit of liability; Shipowners Where Reported: [2004] EWCA Civ 114; [2004] 1 All E.R. (Comm) 865; [2004] 1 Lloyd's Rep. 460; [2004] 1 C.L.C. 468; (2004) 101(11) L.S.G. 36; Times, February 27, 2004

Lagden v O'Connor House of Lords, 04 December 2003 Subject: Consumer law Keywords: Consumer hire agreements; Damages; Hire charges; Impecuniosity; Motor vehicles Where Reported: [2003] UKHL 64; [2004] 1 A.C. 1067; [2003] 3 W.L.R. 1571; [2004] 1 All E.R. 277; [2004] R.T.R. 24; [2004] Lloyd's Rep. I.R. 315; (2003) 153 N.L.J. 1869; (2003) 147 S.J.L.B. 1430; Times, December 5, 2003

Equitable Life Assurance Society v Bowley Queen's Bench Division (Commercial Court), 17 October 2003 Subject: Company law Keywords: Directors duties; Directors liabilities; Fiduciary duty; Life insurance; Mutual funds Where Reported: [2003] EWHC 2263 (Comm); [2003] B.C.C. 829; [2004] 1 B.C.L.C. 180

Equitable Life Assurance Society v Ernst & Young Court of Appeal (Civil Division), 25 July 2003 Subject: Negligence Keywords: Auditors; Duty of care; Loss of opportunity; Professional negligence; Striking out Where Reported: [2003] EWCA Civ 1114; [2003] 2 B.C.L.C. 603; [2004] P.N.L.R. 16; (2003) 100(38) L.S.G. 33; (2003) 147 S.J.L.B. 991; Times, September 10, 2003

Homburg Houtimport BV v Agrosin Private Ltd (The Starsin) House of Lords, 13 March 2003 Subject: Shipping Keywords: Bills of lading; Carriers liabilities; Charterparties; Damage to property; Exclusion clauses; Shipowners Where Reported: [2003] UKHL 12; [2004] 1 A.C. 715; [2003] 2 W.L.R. 711; [2003] 2 All E.R. 785; [2003] 1 All E.R. (Comm) 625; [2003] 1 Lloyd's Rep. 571; [2003] 1 C.L.C. 921; 2003 A.M.C. 913; (2003) 100(19) L.S.G. 31; Times, March 17, 2003

ABCI (formerly Arab Business Consortium International Finance & Investment Co) v Banque Franco-Tunisienne (Costs) Court of Appeal (Civil Division), 27 February 2003 Subject: Conflict of laws Keywords: Choice of forum; Conspiracy; Costs; Duress; Fraudulent misrepresentation; Indemnity costs; Legal representation; Settlement; Tunisia Where Reported: [2003] EWCA Civ 205; [2003] 2 Lloyd's Rep. 146

Protea Leasing Ltd v Royal Air Cambodge Co Ltd Queen's Bench Division (Commercial Court), 12 December 2002 Subject: Conflict of laws; Contracts Keywords: Assignment; Conflict of laws; Procuring breach of contract Where Reported: [2002] EWHC 2731 (Comm); Times, January 13, 2003

Deepak Fertilisers & Petrochemicals Corp Ltd v Davy McKee (UK) London Ltd Court of Appeal (Civil Division), 12 July 2002 Subject: Contracts Keywords: Breach of contract; Causation; Chemical industry; Explosions; Improvements Where Reported: [2002] EWCA Civ 1396

Lloyds TSB Bank Plc v Clarke (Liquidator of Socimer International Bank Ltd) Privy Council (Bahamas), 29 May 2002 Subject: Banking and finance Keywords: Bahamas; Creditors; Eurobonds; Foreign banks; Insolvency; Subparticipation agreements Where Reported: [2002] UKPC 27; [2002] 2 All E.R. (Comm) 992

Parsons Corp v CV Scheepvaartonderneming Happy Ranger Court of Appeal (Civil Division), 17 May 2002 Subject: Shipping Keywords: Bills of lading; Carriage by sea; Carriers liabilities; Italy; Limit of liability Where Reported: [2002] EWCA Civ 694; [2002] 2 All E.R. (Comm) 24; [2002] 2 Lloyd's Rep. 357; [2003] 1 C.L.C. 122

Partco Group Ltd v Wragg Court of Appeal (Civil Division), 01 May 2002 Subject: Civil procedure Keywords: Assurances; Directors duties; Directors liabilities; Fraud; Negligence; Striking out; Takeovers Where Reported: [2002] EWCA Civ 594; [2002] 2 Lloyd's Rep. 343; [2004] B.C.C. 782; [2002] 2 B.C.L.C. 323; (2002) 99(23) L.S.G. 27; (2002) 146 S.J.L.B. 124; Times, May 10, 2002

Lagden v O'Connor Court of Appeal (Civil Division), 19 April 2002 Subject: Consumer law Keywords: Cars; Consumer credit; Consumer hire agreements; Damages; Exempt agreements; Hire charges; Repairs; Road traffic accidents Where Reported: [2002] EWCA Civ 510; [2003] Q.B. 36; [2002] 3 W.L.R. 762; [2003] R.T.R. 3; [2002] Lloyd's Rep. I.R. 524

Glencore International AG v Metro Trading International Inc (No.3) Court of Appeal (Civil Division), 18 April 2002 Subject: Conflict of laws Keywords: Causes of action; Choice of forum; Foreign jurisdictions; Injunctions Where Reported: [2002] EWCA Civ 528; [2002] 2 All E.R. (Comm) 1; [2002] C.L.C. 1090

Reliance Industries Ltd v Enron Oil and Gas India Ltd Queen's Bench Division (Commercial Court), 20 November 2001 Subject: Arbitration; Contracts Keywords: Appeals; Awards; India; International contracts; Jurisdiction; Oil and gas industry Where Reported: [2002] 1 All E.R. (Comm) 59; [2002] 1 Lloyd's Rep. 645; [2002] B.L.R. 36

Shanning International Ltd (In Liquidation) v Lloyds TSB Bank Plc (formerly Lloyds Bank Plc) House of Lords, 28 June 2001 Subject: International law Keywords: EC law; Embargoes; Indemnities; Iraq Where Reported: [2001] UKHL 31; [2001] 1 W.L.R. 1462; [2001] 3 C.M.L.R. 14; (2001) 98(32) L.S.G. 36; Times, July 2, 2001; Daily Telegraph, July 10, 2001

Aragona v Alitalia Linee Aeree Italiane SpA Queen's Bench Division, 09 April 2001 Subject: Contracts; Employment Keywords: Agreements; Conduct; Consideration; Employee share schemes; Offer and acceptance Where Reported

Petroleo Brasiliero SA v Mellitus Shipping Inc (The Baltic Flame) Court of Appeal (Civil Division), 29 March 2001 Subject: Civil procedure Keywords: Contribution; Foreign jurisdictions; Part 20 proceedings; Saudi Arabia; Service of process Where Reported: [2001] EWCA Civ 418; [2001] 1 All E.R. (Comm) 993; [2001] 2 Lloyd's Rep. 203; [2001] C.L.C. 1151; Times, April 5, 2001

Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) v Stargas Ltd (The Berge Sisar) House of Lords, 22 March 2001 Subject: Shipping Keywords: Bills of lading; Cargo; Carriers liabilities Where Reported: [2001] UKHL 17; [2002] 2 A.C. 205; [2001] 2 W.L.R. 1118; [2001] 2 All E.R. 193; [2001] 1 All E.R. (Comm) 673; [2001] 1 Lloyd's Rep. 663; [2001] C.L.C. 1084; (2001) 98(20) L.S.G. 43; (2001) 145 S.J.L.B. 93; Times, March 27, 2001

ACE Insurance SA-NV (formerly Cigna Insurance Co of Europe SA NV) v Zurich Insurance Co Court of Appeal (Civil Division), 02 February 2001 Subject: Conflict of laws Keywords: Choice of forum; Insurance companies; Jurisdiction; Reinsurance contracts; Stay of proceedings; Texas Where Reported: [2001] EWCA Civ 173; [2001] 1 All E.R. (Comm) 802; [2001] 1 Lloyd's Rep. 618; [2001] C.L.C. 526; [2001] I.L.Pr. 41; [2001] Lloyd's Rep. I.R. 504; (2001) 98(8) L.S.G. 46; Times, February 27, 2001

JP Morgan Securities Asia Private Ltd v Malaysian Newsprint Industries Sdn Bhd Queen's Bench Division (Commercial Court), 15 December 2000 Subject: Civil procedure Keywords: Choice of forum; Foreign jurisdictions; Service of process Where Reported: [2001] 2 Lloyd's Rep. 41; [2002] I.L.Pr. 17

A Meredith Jones & Co Ltd v Vangemar Shipping Co Ltd (The Apostolis) (No.2) Court of Appeal (Civil Division), 11 July 2000 Subject: Shipping Keywords: Cargo; Causation; Counterclaims; Demurrage; Fire Where Reported: [2000] 2 Lloyd's Rep. 337; [2000] C.L.C. 1488

Peregrine Fixed Income Ltd (In Liquidation) v Robinson Department Store Plc Queen's Bench Division (Commercial Court), 18 May 2000 Subject: Banking and finance Keywords: Assessment; Losses; Swap agreements; Termination Where Reported: [2000] Lloyd's Rep. Bank. 304; [2000] C.L.C. 1328

Australia and New Zealand Banking Group Ltd v Societe Generale Court of Appeal (Civil Division), 17 February 2000 Subject: Civil procedure Keywords: Contracts; Foreign exchange; Losses; Termination; appeals Where Reported: [2000] 1 All E.R. (Comm) 682; [2000] Lloyd's Rep. Bank. 153; [2000] C.P. Rep. 71; [2000] C.L.C. 833

Sinochem International Oil (London) Co Ltd v Mobil Sales and Supply Corp (No.1) Court of Appeal (Civil Division), 17 February 2000 Subject: Contracts Keywords: Contract terms; Interpretation; Set off Where Reported: [2000] 1 All E.R. (Comm) 474; [2000] 1 Lloyd's Rep. 339; [2000] C.L.C. 878

UBS AG v Omni Holding AG (In Liquidation) Chancery Division, 29 July 1999 Subject: Conflict of laws; Insolvency Keywords: Choice of forum; Jurisdiction; Winding up Where Reported: [2000] 1 W.L.R. 916; [2000] 1 All E.R. (Comm) 42; [2000] B.C.C. 593; [2000] 2 B.C.L.C. 310; [2000] I.L.Pr. 51

Nuova Safim SpA v Sakura Bank Ltd Court of Appeal (Civil Division), 27 July 1999 Subject: Banking and finance Keywords: Swap agreements; Termination Where Reported: [1999] 2 All E.R. (Comm) 526; [1999] C.L.C. 1830

Glencore Grain Ltd v Agros Trading Co Ltd Court of Appeal (Civil Division), 01 July 1999 Subject: Banking and finance Keywords: Debts; Enforcement; Set off Where Reported: [1999] 2 All E.R. (Comm) 288; [1999] 2 Lloyd's Rep. 410; [1999] C.L.C. 1696; (1999) 96(31) L.S.G. 42; Times, July 12, 1999

Sandvik AB v KR Pfiffner (UK) Ltd (No.2) Chancery Division (Patents Court), 31 March 1999 Subject: Civil procedure Keywords: Amendments; Case management; Competition law; European patents Where Reported: [1999] Eu. L.R. 755; [2000] F.S.R. 17; (1999) 22(8) I.P.D. 22073

Credit Suisse First Boston (Europe) Ltd v Seagate Trading Co Ltd Queen's Bench Division (Commercial Court), 15 January 1999 Subject: Conflict of laws Keywords: Choice of forum; Contracts; Jurisdiction Where Reported: [1999] 1 All E.R. (Comm.) 261; [1999] 1 Lloyd's Rep. 784; [1999] C.L.C. 600

Credit Suisse First Boston (Europe) Ltd v MLC (Bermuda) Ltd Queen's Bench Division (Commercial Court), 21 December 1998 Subject: Conflict of laws Keywords: Choice of forum; Contracts; Jurisdiction Where Reported: [1999] 1 All E.R. (Comm.) 237; [1999] 1 Lloyd's Rep. 767; [1999] C.L.C. 579

Petroleos de Portugal SA v BP Oil International Ltd Queen's Bench Division (Commercial Court), 16 July 1998 Subject: Arbitration Keywords: Arbitrators; Contract terms Where Reported: [1999] 1 Lloyd's Rep. 854

Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Price Waterhouse (No.4) Chancery Division, 24 March 1998 Subject: Negligence Keywords: Auditors; Duty of care; Groups of companies; Losses; Professional negligence Where Reported: [1999] B.C.C. 351; Times, April 2, 1998

Wunsche Handelsgesellschaft International mbH v Tai Ping Insurance Co Ltd Court of Appeal (Civil Division), 03 March 1998 Subject: Insurance Keywords: Insurance contracts; Interpretation Where Reported: [1998] 2 Lloyd's Rep. 8; [1998] C.L.C. 851

Sundt Wrigley & Co Ltd v Wrigley Court of Appeal (Civil Division), 19 February 1998 Subject: Civil procedure Keywords: Appeals; Costs; Discovery; Documents; Evidence; Security

Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Price Waterhouse (No.2) Court of Appeal (Civil Division), 13 February 1998 Subject: Negligence Keywords: Accountants; Auditing; Banks; Duty of care; Groups of companies Where Reported: [1998] Lloyd's Rep. Bank. 85; [1998] B.C.C. 617; [1998] E.C.C. 410; [1998] P.N.L.R. 564; (1998) 95(15) L.S.G. 32; (1998) 142 S.J.L.B. 86; Times, March 4, 1998

Morgan Stanley UK Group v Puglisi Cosentino Queen's Bench Division (Commercial Court), 29 January 1998 Subject: Banking and finance Keywords: Bankers duties; Derivatives; Securities and Futures Authority Where Reported: [1998] C.L.C. 481 Kvaerner John Brown Ltd v Midland Bank Plc Queen's Bench Division, 20 January 1998 Subject: Banking and finance Keywords: Letters of credit; Notice Where Reported: [1998] C.L.C. 446

Merrill Lynch Capital Services Inc v Municipality of Piraeus (No.2) Queen's Bench Division (Commercial Court), 18 June 1997 Subject: Banking and finance Keywords: Capacity; International banking; Loans; Swap agreements Where Reported: [1997] 6 Bank. L.R. 241; [1997] C.L.C. 1214

Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Price Waterhouse (No.3) Chancery Division, 23 May 1997 Subject: Banking and finance Keywords: Disclosure; Discovery; Offences; Professional negligence Where Reported: [1998] Ch. 84; [1997] 3 W.L.R. 849; [1997] 4 All E.R. 781; [1997] 6 Bank. L.R. 216; [1998] B.C.C. 511; Times, June 25, 1997

Phoenix Shipping Pty Ltd v General Feeds Inc Court of Appeal (Civil Division), 22 April 1997 Subject: Shipping; Arbitration Keywords: Arbitration; Time charterparties; Time limits Where Reported: [1997] 2 Lloyd's Rep. 703

Zincroft Civil Engineering Ltd v Sphere Drake Insurance Plc Court of Appeal (Civil Division), 26 November 1996 Subject: Civil evidence Keywords: Admissibility; Appeals Where Reported: Times, December 13, 1996

Fraser Shipping Ltd v Colton Queen's Bench Division (Commercial Court), 11 October 1996 Subject: Insurance Keywords: Marine insurance; Salvage Where Reported: [1997] 1 Lloyd's Rep. 586

Owners of Cargo Lately on Board the Nazym Khikmet v Owners of the Nazym Khikmet Court of Appeal (Civil Division), 23 May 1996 Subject: Conflict of laws; Civil procedure Keywords: Ownership; Ships; Ukraine Where Reported: [1996] 2 Lloyd's Rep. 362; [1996] C.L.C. 1055

New Hampshire Insurance Co Ltd v MGN Ltd Queen's Bench Division (Commercial Court), 2 April 1996 Subject: Insurance Keywords: Where Reported: [1996] C.L.C. 1692

Bankers Trust International v RCS Editori SpA Queen's Bench Division (Commercial Court), 23 January 1996 Subject: Conflict of laws

Bankers Trust International Plc v PT Dharmala Sakti Sejahtera (No.2) Queen's Bench Division (Commercial Court), 01 December 1995 Where Reported: [1996] C.L.C. 518

Education and Career: 

Iain Milligan was born in 1950, educated at Eton and Magdalene College, Cambridge (exhibitioner in engineering, scholarship (hc) in law and 1st in law), called to the Bar in 1973 and appointed Queen's Counsel in 1991. 20 Essex Street is one of the pre-eminent sets of chambers practising in commercial law, European law, public international law and international arbitration.

Quotes: 

Banking and Finance

Chambers UK 2014

"One of the leading QCs at the London Bar, particularly in financial services and complex disputes."

"He's strategically astute."

Chambers UK 2013

Without doubt "a star of the Bar," Iain Milligan QC is "an extremely powerful practitioner" with a "meticulous and particular" approach. Sources widely acclaim him as one of the go-to barristers for "heavy-duty swaps litigation" and praise his "astonishing work rate."

Legal 500 2012

Iain Milligan QC is 'a rare beast who refuses to adopt the conventional approach to a problem, but instead deconstructs it, goes back to the foundations and comes up with ingenious solutions.'

Chambers UK 2012

Iain Milligan QC is "uncompromisingly tough" in court and "first-rate in terms of detail and presentation." Commentators agree that "if you have a complicated set of financing arrangements, he's the man to get on top of it." As testament to his profile in the market, he is involved in both the Lehman client money and RASCALS litigation.

Chambers & Partners UK 2010

"Strong analytical skills, lucid exposition and effective advocacy." "Impressive knowledge of derivatives and financial products and adept commerical understanding."

Legal 500 2009

"Very skilled, with considerable talent and insight."

"His gravitas is valued, especially on appeal with a unique advocacy style; very succinct, insightful and clever use of analogy."

 

Commercial litigation

Chambers UK 2014

"He is a very skilled silk who brings considerable talent and insight to every case. He is very hard-working and good with clients and judges, as well as being a pleasure to work with." "He's hugely effective, fiercely clever, and clear and concise in court."

Chambers UK 2013

Iain Milligan QC is "a sublime cross-examiner" who "brings considerable talent and insight to every case." An "absolutely top-rate" performer, he is "highly cerebral," "terrific on his feet" and "extremely persuasive."

 

Legal 500 2012

‘one of the very top barristers at the commercial Bar'

Chambers UK 2012

Iain Milligan QC has been at the forefront of some of the most prolific commercial cases to come to trial in the past few years ... Sources say he "possesses the force of a bomb in court, is incredibly methodical in his submissions and only ever makes good points."

Chambers & Partners UK 2010

"...tirelessness and the extreme edication he applies to all his cases."

" ... incisive style. Solicitors note that 'he doesn't labour points and gets straight down to the nitty-gritty.'"

"Iain Milligan QC is considered 'a grandee of the Bar' in a number of fields and a silk who is 'among the best in the insurance sector.' This 'all-round excellent commercial litigator' handles an impressive insurance workload as part of a wide-ranging and pre-eminent banking and commerical practice, and is unanimously admired as 'a determined and eloquent advocate'."

"...'easily one of the best commercial barristers in England'. Active in a plethora of areas, but particularly skilled at banking and derivatives matters, he is not as active in shipping law as others in the table. when he undertakes these cases, hwoever, he proves 'devastatingly good and a match for anyone'."

Legal 500 2009

 

 

"...'style suits the forum very well' and his 'personality epitomises the style of 20 Essex Street' which is 'a pleasure to work with.'"

Energy

Legal 500 2009

"... outstanding level of technical ability."

Insurance and re-insurance

Chambers UK 2014

"Absolutely superb. He's a fabulous advocate."

Chambers UK 2013

Iain Milligan QC is "terrifically intelligent and a formidable opponent."

Chambers UK 2012

 

'Iain Milligan QC is considered an "especially talented performer," who deftly handles commercial litigation of all kinds. Skilled in insurance work, he is highly regarded for his "ability to break down complex problems into smaller comprehensible parts." His high-quality instructions include a number of major business interruption claims.'

Legal 500 2009

"One of the most able silks, with phenomenal intellect."

International Arbitration

Chambers UK 2014

"He provides perceptive and valued strategic advice." "

His presentation and the way he handles everything is masterful."

"I have never seen anything done better and have nothing but praise for his skills."

Chambers UK 2013

Head of chambers and "formidable advocate" Iain Milligan QC is "at the very top of his game and the game." ... Sources comment on his "mastery of complex evidence" and find him to be "extremely hard-working and efficient."

Legal 500 2012

The ‘extraordinarily hardworking' Iain Milligan QC has ‘excellent analytical skills and expresses himself concisely'

Chambers UK 2012

 

'Iain Milligan QC is pre-eminent at the Commercial Bar and often acts in heavyweight disputes referred to arbitration. Sources are impressed by his fantastic attention to detail and highlight his "ability to dissect complicated matters and present them to the arbitral tribunals in a convincing manner."'

 

Shipping & Commodities 

Chambers UK 2013

 

"He is an outstanding commercial silk, and a first choice for many."

"He is enormously impressive as an advocate and rightly regarded as a leader at the Commercial Bar."

Chambers UK 2013

"awesome in court"

Legal 500 2012

‘sets extremely high standards'

'outstanding commercial silk'

Chambers UK 2012

'Iain Milligan QC is widely recognised as "an outstanding, first-class commercial silk." Though his practice encompasses all kinds of commercial litigation, when he takes on a shipping or commodities case sources report that "he is just amazing." One of his recent highlights in the area is The Zodiac, a case concerning the rights of shipowners against charterers in respect of costs mitigating the risk of piracy off the Somali coast.'

Legal 500 2009

"Outstanding".

"...'arguably performs above his peers in an all-round sense', and 'awesome in presentation'."