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John McLinden QC
Called 1991
Silk 2011
LLB (Hons) Victoria University of Wellington 1974
LLM Victoria University of Wellington 1986
Fulbright Scholar 1991
Main Areas of Practice
Commercial
Banking & Financial Services
Defamation
Human Rights
Landlord & Tenant
Matrimonial Finance
Mortgages
Professional Negligence
Property
Inheritance and Probate
Insolvency
Chancery Litigation
Telecommunications
Profile
John McLinden is a versatile trial and appellate advocate who has had successful careers in New Zealand (1975-1991), and then in the UK. He has been reported in a wide range of cases in both jurisdictions. In the UK the reports cover the common law (conspiracy, intentional infliction of harm by unlawful means, assault), Chancery (banking, Norwich Pharmacal relief, company law, insurance/insolvency, trusts, partnerships, the disqualification of directors), and criminal law (conspiracy to defraud and murder): see further information about his background and cases at www.JohnMcLinden.com.
John accepts appointments as an arbitrator. He is also qualified to accept instructions through the Bar's Public Access Scheme. John’s clients comprise individuals, partnerships, companies, institutions and governments. He is familiar with working with in house solicitors and legal departments who appreciate John’s willingness to work out of chambers and to assist them through the litigation or other dispute resolution process
Commercial
John's mainstream work involves substantial and complex cases over a large number of practice areas, usually with a commercial flavour. In recent years these have included his participation in an Anglo-French team acting for UK based businessmen the subject of a French judicial investigation for alleged money-laundering of over €30,000,000, a high value High Court class-action pension claim by over 200 former employees against a multinational defendant, acting for HMRC in Missing Trader Intra-Community (MTIC) appeals, multijurisdictional fraud claims, and the litigation arising out of the attempt to overthrow the President and Government of the Republic of Equatorial Guinea in which he was part of a team led by Sir Sydney Kentridge QC.
John also does a wide variety of general commercial, common law and chancery work, including contractual disputes, telecommunications, banking, claims against the police, human rights claims, landlord and tenant, professional negligence, property, inheritance and probate, insolvency, banking and financial services, construction, judicial review and immigration. In addition he gives a considerable amount of time to pro bono cases ranging from small claims to death-row appeals in the Judicial Committee of the Privy Council.
Telecommunciations
In his telecommunications practice John has advised, litigated or arbitrated in substantial disputes with many major telecommunications companies. These include British Telecommunications, T-Mobile (UK) Limited, Swisscom, TeliaSonera, Telia Denmark, Telenor and Telkom SA Limited. These disputes have concerned airtime charges (involving expert analysis of Call Data Records), Mobile Virtual Network Operator (MVNO) agreements, Interconnect agreements, Mobile Number Portability Agreements, Compressed Uplink and Space Segment Services Agreements (Satellite Service Agreements), BT Customer Commitment agreements and Facilities Management agreements. This type of work has led to John being called on to advise on regulatory complaints in the UK and Europe, OFCOM codes and television programme licensing agreements.
Recent Notable Cases
2011:John assisted an indigent Jamaican national to achieve a significant milestone in his challenge to his conviction for murder for which he received a sentence of life imprisonment with a minimum recommended term of 25 years imprisonment. On 23 November 2011 the Judicial Committee of the Privy Council granted the prisoner permission to appeal his conviction. The substantive appeal will be heard in 2012. The successful application was the result of the efforts of a talented pro bono team helmed by Herbert Smith.
2010: Neutral Citation Number: [2010] EWHC 2347 (Ch) John McLinden acted for the successful Claimaints and led fellow Field Court Member Christine Cooper in this highly complex freezing order case involving satellite litigation.
2009:John acted in a claim pursuant to the Torts (Interference with Goods) Act 1977 for delivery up of valuable antiquities against a well-known dealer with galleries in London and New York. In addition to the litigation in this jurisdiction, the antiquities are the subject of orders made by the Surrogate's Court of the County of New York.
2009: John attended a hearing on a watching brief in the Surrogate's Court concerning the jurisdiction of the American court over the antiquities. [The trial took place in the period 26[The trial took place in the period 26 October-11 November 2010. However judgment has been reserved by Thirlwall J, and is not expected until mid-late December]
John was part of an Anglo-French team representing a large private company in respect of allegations of unlawful commercial activity by it in France, involving in excess of €30,000,000. John attended and participated in numerous hearings before an investigating Judge in the Tribunal de Grande Instance de Paris.
Mbasogo [Obiang] v Logo Ltd Court of Appeal [2007] QB 846; [2007] 2 WLR 1062 [Pleading – Striking out – No reasonable cause of action – Claims arising out of attempted coup in African state – Claims for damages for assault and unlawful means conspiracy – Claims for injunctive relief – Claims by president of state and by state – Whether claims justiciable – Whether claims to be struck out]
President of the State of Equatorial Guinea v Royal Bank of Scotland International Privy Council [2006] 3 LRC 676 [Practice and procedure - Pre-trial relief - Norwich Pharmacal order - Applicant seeking information regarding money transaction - Moneys allegedly used to finance coup against friendly foreign state - Norwich Pharmacal order sought against bank - Whether order appropriate - Relevant considerations - Whether any other available or straightforward means of finding information - Whether likely use of information relevant - Whether just and convenient to grant order - Whether order to be suspended]
Additional Notable Cases
Vectone Entertainment Holding Ltd v South Entertainment Ltd [2004] 2 BCLC 224
FSL Services Limited v MacDonald Court of Appeal [2001] EWCA Civ 1008 21 June 2001
The Contradictors v Attorney-General, Privy Council [2001] 3 NZLR 301
Macdonald v Taree Holdings Ltd (Transcript: Beverley F Nunnery) 7 December 2000
Grammer v Lane (CA) [2000] 2 All ER 245
Stafford v The State (PC) [1999] 1 WLR 2026
Rooney v Cardona (CA) [1999] 1 FLR 1236, [1999] 1 WLR 1388
Rooney v Das [1999] BPIR 404
Turkiye Is Bankasi As v Bank of China (CA) [1998] 1 Lloyd's Rep 250
Rama v Millar [1996] 1 NZLR 257
Zandfarid v Bank of Credit and Commerce International Sa (in liquidation) and another [1996] 1 WLR 1420
Adams v The Queen (PC) [1995] 1 WLR 52
Simpson v Attorney-General [Baigent's Case] [1994] 3 NZLR 667
Publications
The Role of the Amicus in the American Supreme Court (Fulbright Paper)
Various periodical articles
If you would like any further information regarding John McLinden’s practice, please contact his clerks or call +44 (0)20 7405 6114.
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