Alexander Macpherson
- Date of Call: 2000
- Email: macpherson@crownofficechambers.com
General Information
Alex read English Literature at Oriel College, Oxford before obtaining a Diploma in Law at City University. He was an Astbury Scholar of the Middle Temple. He joined chambers in 2001 after completing pupillage there.
Alex practises in all areas of commercial and common law litigation. He has appeared as advocate in the County Court, High Court and Court of Appeal, as well as before various other tribunals. He accepts instructions on both a conditional fee and direct professional access basis.
Practice
Construction and Property Damage
From 2008 to date, Alex has been instructed by Total UK Limited in relation to the Buncefield incident, and he has advised in around 40 of the high value property damage claims proceeding in the TCC, as well as attending the mediation at which one of the largest claims was compromised.
Alex enjoys claims of a technical nature, frequently involving extensive expert evidence, and has a particular interest in and experience of fire and flood claims. In 2006 he was instructed (with Roger ter Haar QC) on a dispute as to liability for defects in underground trains on the Jubilee line. In 2008 Alex advised extensively in relation to a complex claim relating to a defective laser, which settled shortly before trial.
In 2010 so far he has advised on/appeared in cases involving:
- an escape of water causing damage to Newport railway station
- the spread of fire caused by the excessive storage of pallets at a neighbouring property
- a defective lacquer causing newly painted cars to turn yellow
- a printing company whose roof collapsed in the course of construction works
- subsidence caused by excavation in the course of a development on a Welsh hill-side.
Commercial Contracts
Alex has advised and litigated in a range of different areas, including sale of goods, insurance contracts, fraudulent and negligent misrepresentation, agency agreements, guarantees and partnerships. In early 2007 he appeared alone in the Court of Appeal in an agency dispute relating to the sale of a classic sports car (Lee v Crook & Anor [2007] EWCA Civ 121). He has experience of applying for injunctions in the County Court and the High Court, most recently in 2008 obtaining a freezing injunction to prevent a partner from disposing of partnership property. He has also had extensive involvement in franchising disputes, and has acted for both franchisors and franchisees in relation to such issues as restrictive covenants, misrepresentation and interim injunctive relief.
In 2010 so far he has advised on/appeared in cases involving:
- a jurisdictional challenge to proceedings served in Gibraltar in relation to a property investment in Romania
- an injunction to prevent a franchisee re-branding its kitchen-fitting business in breach of a franchise agreement
- an ATE insurance policy where an insured tried to obtain cover against the risk that he be found to have brought a fraudulent claim
- a summary judgment application for the return of fees paid prior to the opening of a gym franchise
- a claim for fraudulent misrepresentation arising out of the sale of a business printing T-shirts.
Other areas
Personal Injury
Alex has a wide experience of acting for both claimants and defendants in personal injury litigation. He has a particular interest in disease work (asbestos-related diseases, noise exposure, HAVS, upper-limb disorders and occupational stress), as well as regularly litigating highway, road traffic and accident at work claims. He has extensive experience of the mesothelioma fast-track in the High Court, having appeared for both Claimants and Defendants there. He particularly enjoys cases which involve contested expert evidence, or issues of credibility or fraud.
In October 2009 he appeared against leading counsel in Horsley v Cascade [2009] EWHC 2845 (Lawtel 18/11/09), successfully defending a substantial ‘lost years' claim in an asbestosis case in the High Court. In March 2010 he appeared successfully in front of the Court of Appeal in Esdale v Dover DC [2010] EWCA Civ 409, a case dealing with the significance of intervention criteria in tripping claims under the Occupiers' Liability Act 1957.
Professional Negligence
In 2007 Alex completed a substantial trial (against leading counsel) in a claim for solicitors' negligence in relation to a property transaction, and he has considerable experience in this area. Alex also has experience of claims against accountants, estate agents and insurance brokers, and has recently advised a broker who was seeking recovery from his own broker for failing to secure relevant PI cover. Alex lectured on "Recent Developments in Professional Negligence" as part of chambers' seminar programme in 2006/07.
Regulatory
Since 2006 Alex has acted regularly as clerk to the tribunal of PhonepayPlus (the regulator for premium rate telephone lines) as it decides upon alleged breaches of its Code of Conduct. In 2007 he handled inquiries into both the Richard & Judy and GMTV phone-in scandals, and in 2010 has been instructed in relation to the mBlox and Couchplay investigations.
Costs
Alex has extensive experience of costs disputes, and has appeared in detailed assessment hearings in the SCCO and elsewhere. In 2008 he appeared for the Defendants in both the British Coal litigation and Nottinghamshire deafness litigation in relation to issues of generic costs. He enjoys difficult technical points, and has frequently argued issues arising from success fees, compliance with the indemnity principle, and the CFA Regulations.
Publications/Seminars
In addition to the Chambers nationwide seminar programme, Alex also provides in-house seminars on request.
