Skip to content

Alexander Macpherson

Call 2000

"He is thorough, calm, professional and has a great attention to detail. He's a very good courtroom advocate."
(Chambers & Partners 2016)

Alexander Macpherson specialises in a number of areas of common law and commercial litigation.

Frequently his cases have an insurance angle, and he is regularly instructed by major national insurers to advise on and defend claims. Alex is flexible as to his role in resolving disputes, and is prepared to provide succinct informal advice at short notice, as well as advising in a more traditional manner in writing or in conference. He is accustomed both to handling his own cases (often of substantial value) and to being part of a counsel team.

Personal Injury

Alex is recommended as a leading junior in all three areas of personal injury litigation featured in The Legal 500 2017: personal injury, industrial disease and insurance fraud.

Alex has a wide experience of acting for both claimants and defendants in personal injury litigation. He particularly enjoys cases which involve contested expert evidence, or issues of credibility or fraud. He welcomes the opportunity to get involved in claims at the earliest opportunity and he regularly attends at mediations and joint settlement meetings. His areas of expertise include:

  • Fatal accident cases
  • Catastrophic injury claims
  • Employers’ liability
  • Highway and public liability claims
  • Road traffic & fraud
  • Chronic pain syndrome and other related conditions
  • All areas of industrial disease (see separate section)

Complementary to his personal injury practice, Alex also has extensive experience of related insurance, costs and procedural issues.

Selected Cases

  • Alexander v Freshwater [2012] EWCA Civ 1048 (LTL 27/7/12) – Alex appeared in the Court of Appeal in a high value claim brought by a celebrated jeweller whose finger was severed by a defective door.
  • Esdale v Dover DC [2010] EWCA Civ 409 (LTL 7/10/13) – Alex succeeded in the Court of Appeal in an important case establishing that the failure to follow intervention criteria is not determinative of breach of duty in tripping claims under the Occupiers’ Liability Act 1957.
  • Houghton v DX Network Services (Norwich CC, HHJ Moloney QC, April 2015) – Alex advised and represented the well-known national delivery service at a trial of a claim for a back injury after lifting at work. After two days of detailed oral evidence, the judge concluded that no significant injury had occurred and dismissed the claim.
  • Edwards v Ford (March to October 2016) – Alex represented the Defendant in a high value case arising out of an arm injury sustained at work on a construction site. The case raised extremely complex issues of medical causation and quantum. Alex advised insurers, drafted pleadings and attended at a Joint Settlement Meeting following which a compromise was reached.
  • Graham v Morgans (November 2016) – Alex represented an exclusive London spa which was sued by a customer alleging that a Swedish massage was carried out with excessive force, causing a neck injury. At trial and after cross-examination of the Claimant and the masseuse, the judge concluded that the massage had not been carried out negligently and that the Claimant’s neck pain was probably caused by a constitutional condition.

Industrial Disease

Alex is recommended by The Legal 500 2017 as a leading junior for industrial disease.

Alex’s practice encompasses the full range of conditions caused by work. He has a busy workload including advising in conference, attending settlement meetings and trial work. He enjoys the technical issues which disease cases frequently involve, both as to liability and causation of injury, and he frequently litigates cases involving contentious expert evidence.

Alex has a particular interest in claims involving asbestos-related disease and regularly appears against silks defending such claims at JSMs or in the High Court. He has extensive experience of the High Court show cause procedure and taking evidence on commission.

Alex’s industrial disease practice also includes:

  • Noise-induced hearing loss
  • Work-related upper limb disorders
  • HAVS & vibration-related CTS
  • COSHH & poisoning claims
  • Occupational stress
  • Dermatitis
  • Occupational asthma
  • Cumulative back injuries
  • Spread of infectious diseases at work

Selected Cases

  • Goldscheider v Royal Opera House (QBD, 2017) – Alex is instructed (led by David Platt QC) in a claim brought by a viola player alleging that catastrophic tinnitus and hearing loss were caused during a Wagner rehearsal.
  • SB v V (QBD, 2017) – Alex represented the Defendant in a historic mesothelioma claim. Complex quantum issues arose as to the lost opportunity to advise the government as to Brexit-related issues.
  • Ellis v Haworth Castings (2014) – Alex successfully defended a claim for an upper limb disorder involving repetitive movements. Case dismissed, with the judge commenting in his judgment on Alex as follows: “if he will allow me to say so I have found his submissions illuminating and refreshing”.
  • Gray v Dolling (QBD, 2012) – Alex was instructed (led by David Platt QC) on a £5.5m claim for asbestos-related mesothelioma by owner of a construction company. Settled following service of skeletons on the day before the High Court trial.
  • Price v Isotemp (HHJ Curran QC, Cardiff County Court, 2011) – Alex successfully defended a claim for NIHL at a three-day trial on medical causation. Case involved complex audiological evidence and the interpretation of the Coles-Lutman-Buffin Guidelines.
  • Secretary of State for Business, Innovation & Skills v Stuntbrand (2010 – 2011) – Alex was instructed (led by Simon Rainey QC) in relation to the asbestos liabilities of the National Dock Labour Board. The litigation involved interesting insurance and contribution issues and was settled shortly before trial in autumn 2011.
  • Horsley v Cascade [2009] EWHC 2845 (LTL 18/11/09) – Alex appeared against leading counsel in the High Court successfully defending a substantial ‘lost years’ claim in an asbestosis claim.

Property Damage

Alex has a broad experience of litigation arising out of damage caused to property, and he has a particular interest in fire and flood claims.

From 2008 to 2010, Alex was instructed by Total UK Limited in relation to the Buncefield incident. He advised and appeared in around 40 of the high value property damage claims, which proceeded in the TCC and the Commercial Court, both alone and led by senior counsel. These claims ranged in value from £500,000 to many millions, and all were successfully compromised before trial.

From 2012 to 2015 Alex was instructed (with Roger ter Haar QC) in the litigation arising from a catastrophic flood at the Greenwich Millennium Village in London. The trial was heard over five weeks in the TCC in summer 2013. Alex was also instructed in the appeal pursued in front of the Court of Appeal in relation to indemnity clauses.

In the last couple of years, Alex has advised on / appeared in cases involving:

  • A fire at a leading London restaurant.
  • A fire caused by hot works at a school.
  • A claim for the pollution of a fishing lake by a water company.
  • A flood arising from the poor maintenance of drainage gullies by a local council.
  • Issues of public nuisance arising out of a fire at a restaurant in Bury St Edmunds.
  • The collapse of residential property in the course of demolition works.
  • Subsidence caused to four properties by excavation in the course of a development on a Welsh hillside.

Commercial

Alex has advised and litigated in a range of different areas, including sale of goods, fraudulent and negligent misrepresentation, agency agreements, guarantees and partnerships. He has experience of applying for injunctions in the County Court and the High Court.

Alex is regularly instructed by insurers and insureds to advise in coverage disputes arising out of insurance contracts.

Alex has developed a particular specialisation in franchising disputes, and has acted for both franchisors and franchisees in relation to such issues as termination, restrictive covenants, misrepresentation and interim injunctive relief. In recent years he has advised on and appeared in cases relating to franchise agreements in such diverse areas as snack-vending-machines, driving instruction, dog-training, pizza delivery, kitchen refurbishment and the operation of a gym.

Construction & Engineering

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.

From 2008 to 2010, Alex was instructed by Total UK Limited in relation to the Buncefield incident. He advised and appeared in around 40 of the high value property damage claims, which proceeded in the TCC and the Commercial Court, both alone and led by senior counsel. These claims ranged in value from £500,000 to many millions, and all were successfully compromised before trial.

From 2012 to date he has been instructed (with Roger ter Haar QC) in the litigation arising from a catastrophic flood at the Greenwich Millennium Village in London. The trial was heard over five weeks in the TCC in summer 2013. Alex was also instructed in the appeal pursued in front of the Court of Appeal in relation to indemnity clauses.

In the last couple of years, Alex has advised on / appeared in cases involving:

  • A claim for the pollution of a fishing lake by a water company.
  • A dispute as to electrical works at Hammersmith Underground station.
  • A fire at a leading London restaurant.
  • A fire caused by hot works at a pharmaceutical warehouse.
  • Issues of public nuisance arising out of a fire at a restaurant in Bury St Edmunds.
  • The collapse of residential property in the course of demolition works.
  • The failure of a cofferdam in the course of development at a sewage works.
  • Subsidence caused to four properties by excavation in the course of a development on a Welsh hillside.

Over the last few years, Alex has given in-house seminars in relation to:

  • Concurrent delay.
  • Damage to property caused by tree-roots.
  • Indemnity clauses.
  • The new statutory scheme applying to withholding notices.

News


Read more

Articles


Qualifications


  • Astbury Scholar, Middle Temple
  • Diploma in Law, City University
  • English Literature, Oriel College, Oxford

Memberships


  • PIBA
  • PNBA
  • TECBAR

Recommendations


“His advice is very thorough and practical.”

Legal 500 2017

“Particularly experienced in defending fraudulent PI claims.”

Legal 500 2017

“He provides very good response times, and is clear and to-the-point.”

Legal 500 2017

“He is thorough, calm, professional and has a great attention to detail. He’s a very good courtroom advocate.”

Chambers & Partners 2016

“He has a detailed, yet pragmatic approach.”

Legal 500 2016

“He is very good on his feet and solicitors have every confidence in him.”

Legal 500 2015


Portfolio Builder

Close

Select the practice areas that you would like to download or add to the portfolio

Download Add to portfolio
Portfolio close
Title Type CV Email

Remove All

Download


Click here to email this list.