Ian Clarke KC

Practice Areas

Arbitration;

Civil Fraud & Asset Recovery;

Commercial;

Company & Partnership;

Insolvency;

Mediation & ADR;

Professional Negligence;

Real Property;

Trusts, Probate & Estates.

Career

Called to the Bar in 1990 by Lincoln’s Inn and appointed a part-time judge (FtT) in 2004.

Appointed to A-G’s A Panel, 2015.

Queen’s (now King’s) Counsel, 2016.

Vice-Chair, Chancery Bar Association 2022+.

Publications

Ian has written several books (including Wolstenholme & Cherry’s Land Registration Act 2002 (2003)) and has co-edited 2 editions of Cousins on the Law of Mortgages.

Work Highlights

Idemia France SAS v Decatur Europe Limited [2019] EWHC 946 (Comm) (Richard Salter QC, Comm Ct)

Idemia France SAS v Decatur Europe Limited [2019] EWHC 946 (Comm) (Richard Salter QC, Comm Ct)

The claimant sought to establish jurisdiction over Ian’s clients by establishing that the guarantee documents containing English jurisdiction clauses had been separately executed so as to have immediate binding effect. In this regard, the application was dismissed; the cross-application for a stay of the claim against the Third Defendant on the grounds of forum non conveniens was successful. Permission to appeal was granted but the matter settled prior to judgment being handed down.

Fortdene v MFA Properties (2019) (Unreported) (Ch D, HHJ Mark Raeside QC)

A claim by landlord for the payment of service charge from Ian’s client, the case concerned the circumstances in which a landlord acting “reasonably” under a service charge provision in a commercial lease was required to act reasonably in an objective sense or simply to act in accordance with Wednesbury reasonableness (i.e. not to act in a way that no reasonable landlord could act). Ian’s argument succeeded at first instance; on appeal, the matter was remitted for a re-hearing.

Professional Memberships

Chancery Bar Association;

ComBar and Property Bar Association;

STEP;

Fellow;

Chartered Institute of Arbitrators.

Industry Sector Expertise

The core elements of Ian’s practice comprise advising upon and the litigation and arbitration of:

- substantial commercial contractual disputes, the subject matter of which covers the full width of business and commerce

all civil aspects of fraud and the recovery of fraudulently obtained assets, whether (for example) by way of injunctive relief or tracing remedies

- cases where the key allegations are ones of breaches of fiduciary duty by directors, trustees, partners, joint-venturers or personal representatives

- company and partnership disputes

- insolvency and insolvency-related litigation

- issues and disputes relating to land (especially on land registration matters) and mortgages (on which he has co-edited one of the two practitioner texts)

- trusts and probate disputes, including Court of Protection matters and related matters, such as the removal of trustees and personal representatives and the taking of accounts

- claims in professional negligence, particularly where the underlying allegations involved aspects of any of the above

Expert in these Jurisdictions

England and Wales and closely related off-shore jurisdictions.

Experience

Ian’s continued recognition in the legal directories and his consistent rankings for Chancery commercial dispute resolution, private client (trusts and probate) and property matters only serves to underline the expertise and qualities which he brings to bear in these and other cases in which he is instructed.

Previous editions of the directories previously recorded that Ian is “fluent and persuasive in his advocacy, which is razor-sharp in its delivery; [he] is utterly committed to the case”, being “the person you would want to defend your corner” and who builds a good rapport with clients, with whom “[he] engages well…. and has his own particular style – direct, to the point and with good humour”.

He is instructed on behalf of clients ranging from international corporations, banks and lending institutions and insurers to officeholders, trustees and private individuals, in this jurisdiction and overseas (particularly in the Caribbean, Bermuda and Gibraltar). To all these matters, Ian brings the practical, well-informed and responsive approach for which he is commended.