Ian Mccann

Ian.McCann@legalstudio.co.uk

COMMERCIAL LITIGATION SPECIALIST

Having trained in the City of London and served as Lady Justice Arden’s Judicial Assistant at the Court of Appeal, Ian McCann has significant knowledge of cutting edge international litigation as well as first hand experience of the English Court system. He has also spent time working in the financial services industry, providing him with a unique perspective and insight into this area.

Ian’s practice includes banking and finance litigation, fiduciary duty issues, IT and Technology disputes and trust and pensions litigation. Ian also has experience of on site investigation and enquiry work, including a multi billion-dollar fraud investigation in the Middle East.

Ian’s primary area of expertise is in Commercial Litigation. He has dealt with business critical issues for FTSE 100 companies, small and medium sized enterprises and private individuals alike. As well as litigating such cases, Ian also has an in depth understanding of alternative dispute resolution and is keen to continue to provide clients with early pro-active advice on how to resolve disputes in a pragmatic and commercial way.

In addition, Ian has also developed substantial knowledge of the practicalities of undertaking E-Disclosure exercises as well as vital experience of how to undertake this complicated and costly exercise effectively.

Ian McCann Client Testimonials

“He has a real skill for identifying the essential points in a mass of detail.”
Lady Justice Arden

Ian McCann Client Testimonials

"I thought your talk was very interesting. I would never have thought that someone could talk about contracts and make it interesting and most of all easy to understand and relate to"
Trish Craven. Annex Solutions Limited

Ian's Latest Blogs

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 require compliance from 1st April 2018.
 
Do you know what they are?
Have you complied with them?
Do you risk facing financial penalties for non-compliance?
 

The Regulations apply to:

  • Domestic PR property which is legally required to have an EPC and which is let on an assured tenancy, regulated tenancy, or an agricultural tenancy; and,
  • Non-domestic PR property that has not been granted for:
  • A term certain not exceeding 6 months (unless a provision exists for renewing the term or extending it beyond 6 months, or, at the time it is granted, the tenant has been in occupation for a continuous period of more than 12 months); or,
  • A term certain of 99 years or more.
 

Unless subject to an exemption, the landlord of a property with EPS rating of less than E must not:

 
  • Grant a new tenancy of the property on or after 1st April 2018 (including any lease renewals, extensions or new lettings); or,
  • Continue to let the property on or after 1st April 2020 (domestic PR property) and on or after 1st April 2023 (non-domestic PR property).
 

Exemptions that will last 5 years and should be registered on the PRS Exemptions Register include:

 
  • Third party consent is refused or granted subject to conditions (e.g. from the local authority, current tenant, freeholder, planning or listed building consent); and,
  • Property devaluation (where the landlord has obtained a report from an independent surveyor who is on the Royal Institution of Chartered Surveyors and the measures would reduce the market value of the property, or the building it forms part of, by more than 5%).
 
There is also a temporary 6-month exemption when a landlord has only recently become a landlord. 

 

Enforcement authorities are:

 
  • The local authority for a domestic PR property; and,
  • A local weights and measures authority for non-domestic PR property.
 
They may serve a notice on the landlord imposing financial penalties. The authority may also publish details of the breach on the national PRS Exemptions Register.

 

Financial penalties (domestic):

  • Breach less than 3 months, <£2,000
  • Breach more than 3 months £2,000<
  • Registered false or misleading information on PRS Exemptions Register, <£1,000
  • Failed to comply with compliance notice <£2,000



Financial penalties (non-domestic):

  • Breach less than 3 months, <£5,000 or <10% of the rateable value of the property (whichever is greater) subject to a maximum of £50,000
  • Breach more than 3 months, <£10,000 or <20% of the rateable value of the property (whichever is greater) subject to a maximum of £150,000
  • Registered false or misleading information on PRS Exemptions Register, <£5,000
  • Failed to comply with compliance notice <£5,000
 
 
2018 00 06
Ian Mccann
The contract between a landlord and tenant will make provisions for the property to remain in good repair and condition. Take a look at the reasons why it is important to be aware of dilapidations. 

A landlord will be keen to make sure that the property is managed properly and that, come the end of the lease term, the property is in the same condition as at the start of the lease. Otherwise, the landlord may struggle to find a subsequent tenant or may not be able to achieve enough rent. It is for this reason that the landlord will want to include within the lease a requirement for the tenant to keep the property in good repair and condition.

If the landlord is unable to let the property after the end of the term due to the tenant having failed to comply with its repairing obligations then the tenant may face a claim from the landlord for breach of contract.

When acquiring property, either under a new lease or by taking an assignment of an existing lease, it is essential that a tenant obtains proper advice. In order to reduce the risk of a potential claim at the end of the term it would be prudent to consider the following at the outset:
  • Potential costs – Ensure that financial provision is made. This may involve getting a survey commissioned by a surveyor in order that the potential costs are properly assessed.

  • A detailed schedule of condition – This should be appended to the lease and should set out the condition of the property at the start of the lease, thereby limiting the extent of work that can be claimed by the landlord to be required to put the property right at the end of the term.

  • Items already in disrepair – Despite the inclusion of a schedule of condition, certain items of disrepair which pre-exist the lease cannot be ignored for the duration of the term. In these circumstances the tenant would be better placed by taking a sum of money from the landlord or insisting that the landlord puts the property into good repair before the lease is signed.
If these issues are identified and dealt with there is one less reason for cracks to form in the relationship between landlord and tenant.
2017 29 23
Ian Mccann

Giedo Van der Garde had a contract to race for the Sauber F1 team in 2015. However, Sauber signed two other drivers instead of Van der Garde; Marcus Ericsson and Felipe Nasr.

Van der Garde successfully sued the Sauber F1 team on Wednesday. Sauber appealed.

Sauber lost their appeal on Thursday.

This morning Van der Garde initiated proceedings asking for the team’s assets to be seized and the team’s principal Monisha Kaltenborn to be sent to prison for contempt of court*.

It’s all a bit of a mess.

So, what does this have to do with the Rolling Stones? Well the final track of their 1969 album Let it Bleed, neatly sums up the situation here. The track is, for those who don’t already know, "You Can't Always Get What You Want”. However, the complete lyric is "but if you try sometime, you just might find you get what you need”.

This, in my view, is exactly the point here. Did Van der Garde really expect to be out on track racing this weekend? I doubt it. However, has he put himself in the strongest possible negotiating position by taking this action? Unquestionably.

Litigation strategy is all about tactics and securing what you're actually looking for; even if that is by seemingly not getting what you 'want'. At Legal Studio we understand that and we work with our clients to listen to their needs and tailor our advice and strategy accordingly.

So, although I can’t see an F1 boss sampling Australia’s prison food just yet, Van der Garde’s tactics seem to have secured him pole position at the negotiating table.

Ian

*For those who want to know more, I’d direct you to Adam Cooper’s F1 Blog here which is following all the latest twists and turns in real time from both the court and the track.

2015 35 13
Ian Mccann