John McKendrick QC
Year of Call:
John practises in the areas of public and commercial law both domestically and internationally. He took silk at 39 and in the last five years, as leading counsel, has led teams before the Court of Appeal, the Queen’s Bench Division, Chancery Division, Family Division, the Commercial Court, the Court of Protection, the Eastern Caribbean Supreme Court, the Privy Council and in LCIA arbitration. The hallmark of his written and oral advocacy is precision and clarity, making the complicated straightforward. He provides his clients with pragmatic, commercially orientated advice.
John has a strong international element to his practice. He was the Attorney General of the British Overseas Territory of Anguilla for two years and continues to have strong connections in the Caribbean and appears before the Anguilla and BVI courts. A fluent Spanish speaker he has long standing connections in Latin America and has worked in Mexico, Colombia, Nicaragua and Panama. He is the author of the Latin American and Caribbean chapter of Lissack and Horlick on Bribery. He also works as a consultant on legal projects for the World Bank, the InterAmerican Development Bank, the EU and others. He is a sanctions appeals officer to the Caribbean Development Bank.
The directories have described him in multiple areas of law as: “a brilliant and persuasive advocate”; “one of the best practitioners in the country”; “a ferocious, skilled, efficient advocate, with a wide-ranging practice” and “he …is very persuasive and articulate, and first rate with clients. Exceptionally bright, he can just take instructions and come up with a plan the next morning. He’s a bit of a magician in that way, and he’s brilliant to work with”.
John has an extensive public, administrative and medical law practice. He regularly appears before the Administrative Court, Court of Protection, Family Division and the full range of the Tribunal system.
Before taking silk he was a member of the Attorney General’s Panel of counsel and was appointed standing junior to the Advocate General in Scotland. He was the only counsel to represent the British Government before the English and Scottish courts.
He is experienced in the fields of mental capacity, mental health, financial services, prisons, procurement, regulatory and education law.
He has an extensive practice before the Court of Protection, where he has been involved in many of the landmark cases determining capacity, deprivation of liberty and serious medical treatment.
- Bell v Tavistock and Portman Trust  EWHC 3274 (Admin)
- ND (Court of Protection: Costs and Declarations)  EWCOP 42
- R (ota British Medical Association) v Northamptonshire County Council  EWHC 1664 (Admin)
- A (A Child)  EWCA Civ 731
- R (ota EG) v Parole Board  EWHC 1457 (Admin)
- A CCG v AF  EWCOP 16
- JK v A Local Health Board  ewhc 67 (Fam)
- Re AB (Termination)  EWCA Civ 1215
- Harding v Attorney General of Anguilla (Anguilla)  UKPC 22 (30 July 2018)
- DM v Fife Council  ScotCS CSIH_17 (11 March 2016)
- AA, R (on the application of) v Secretary of State for the Home Department & Anor  EWHC 1453 (Admin) (20 June 2016)
- Lee-Hirons v Secretary of State for Justice  UKSC 46 (27 July 2016)
- TY (Sri Lanka) v The Secretary of State for the Home Department  EWCA Civ 1233 (01 December 2015)
- Kings College Hospital NHS Foundation Trust v C & Anor  EWCOP 80 (30 November 2015)
- The Secretary of State for the Home Department v ZP (India)  EWCA Civ 1197 (24 November 2015)
- JM (A Child), Re  EWHC 2832 (Fam) (07 October 2015)
- NRA & Ors, Re  EWCOP 59 (25 September 2015)
- Bhatt, R (On the Application Of) v The Secretary of State for the Home Department  EWHC 1724 (Admin) (18 June 2015)
- HH v The Secretary of State for the Home Department  ScotCS CSIH_33 (05 May 2015)
John is involved in domestic and commercial litigation, arbitration and advisory work. Recent work has included the following
- Successfully acting for the respondent in a $ 125 million LCIA arbitration involving guarantees given in respect of offtake contracts for natural gas.
- Advising a Central American corporation on the enforcement of an arbitration awards, service out of the jurisdiction and contempt.
- Advising in respect of defence contracts and arbitration before the ADCCAC.
- Successfully defending two section 68 Arbitration Act 1996 applications to set aside arbitration awards in the Commercial Court.
- Acting in the BVI on behalf of a Russian businessman to set aside findings of contempt for breach of worldwide freezing orders.
- Appearing before the Chancery Division in respect of complex civil fraud claim which involved contempt of court and insolvency issues.
- Acting for an ultra-high net worth Middle Eastern family in respect of a family dispute over the estate of the incapacitated father and tracing assets around the world.
In the Caribbean John was heavily involved in complex litigation related to the collapse of two off-shore banks, involving complex questions related to the ranking of creditors.
He also has a strong interest in Fintech. He is currently working with the World Bank to draft Mongolia’s Virtual Assets Law and recently completed a piece of work with the People’s Bank of China to improve their FATF regulatory approach to beneficial ownership.
He also acts as an arbitrator/adjudicator in disputes and has arbitrated many commercial/regulatory fishery disputes most recently at hearings in the Seychelles and New York. He has a significant interest in ICC arbitration in Latin America and the Caribbean.
- Tropical Distributors Company Ltd v Permanent Secretary, Min of Finance
- Elmoalis Ltd v AG, Anguilla
- Re. Pesqueras Echebastar S.A. Indian Ocean Tuna, Adjudication, Seychelles 2018
- Re. PNA Tuna – Adjudication, New York, 2018
- DC Accountancy Services v Education Development International PLC  EWHC 3378 (QB)
John is called to the Bar of two Caribbean jurisdictions and has litigated extensively before the Eastern Caribbean Supreme Court in a range of commercial, contractual and public law disputes. He has carried out significant advisory work in the region and has worked and advised a number of Governments, the Inter-American Development Bank and major commercial organisations. He carries out a significant amount of transparency, integrity, anti-bribery, anti-AML and compliance work in Latin America and the Caribbean. He is the Latin American contributor for Lissack and Horlick on Bribery. He has worked in Mexico, Colombia, Panama, Costa Rica, Guatemala, Honduras, Peru, Brazil, Dominican Republic, Trinidad and Tobago, Guyana, Jamaica, Mongolia, China with the EU, British Government, IDB, FATF and others.
Appointments & Memberships
- Attorney General, Anguilla, 2016-2018
- Tribunal Judge, 2010-2015
- Independent Adjudicator, Marine Stewardship Council, 2017
- Member of Scottish Bar 2008-2016 (now non-practising)
- Called to the Anguilla and BVI Bars
- Member Bar Council, International Committee
- Executive Council Member, Commonwealth Lawyers Association
- Visiting Scholar, City University, Hong Kong, 2019
- Shortlisted for The Lawyer, Barrister of the Year, 2016
- Times Lawyer of the Week, July 2019 and September 2013
Areas of Law
- International Organisations
- Commercial & Chancery
- Public Law
- Disciplinary & Regulatory
- Court of Protection
“A very personable advocate with a good feel for Court of Protection litigation.” Court of Protection, Chambers and Partners 2021
“He is a straight-talker and doesn’t sugarcoat anything. He is straight to the point and very persuasive.” Court of Protection, Chambers and Partners 2021
“An excellent advocate who thoroughly researches the law. He’s brilliant with clients and is a pleasure to work with.” Court of Protection, Chambers and Partners 2020
“A really knowledgeable, personable, responsive barrister.” Court of Protection, Chambers and Partners 2020
“He develops rapport with clients, counsel and judges alike.” Civil Liberties and Human Rights, Legal 500 2016
“He can navigate strategic issues with real foresight and direction.” Administrative and Public Law, Legal 500 2016
“Recommended for education cases with a commercial angle.” Education, Legal 500 2016
“Probably one of the best Court of Protection barristers out there.” Civil Liberties and Human Rights, Legal 500 2016
“A brilliant and persuasive advocate.” Administrative and Public Law, Legal 500 2016
“He is especially good at assimilating lots of paperwork very quickly and thoroughly. He has a good style in court and judges like him which is very useful.” Chambers & Partners 2016
“Incredibly good at getting a case down to three, four or five pertinent facts, he cuts out a lot of unrelated stuff.” Chambers & Partners 2016
“Quickly and deservedly becoming known as one of the best practitioners in the country who deals with some of the difficult and sensitive issues in Court of Protection litigation. He comes up with creative ways to overcome the most difficult issues in cases. He is also a formidable advocate who really fights for his client.” Chambers & Partners 2016
“He has a tenacious, no-nonsense approach, and is very persuasive and articulate, and first rate with clients.” “Exceptionally bright, he can just take instructions and come up with a plan the next morning. He’s a bit of a magician in that way, and he’s brilliant to work with.” Chambers & Partners 2015
“He has an excellent grounding in Court of Protection and social welfare cases.” Legal 500 2015
“He has significant experience in regulatory judicial review.” Legal 500 2015
“Recognised for his experience acting for leading independent schools.” Legal 500 2015
“A ferocious, skilled, efficient advocate, with a wide-ranging practice. He’s a pragmatic and capable advocate, who understands schools and is extremely popular with clients.” Chambers & Partners 2014
“A responsive, determined advocate,” “he brings clarity and calmness and is extremely good with difficult parties.” Chambers & Partners 2014
“Strong in Court of Protection cases.” Legal 500 2014
He is “an incredibly articulate advocate with a skill for distilling a dispute down to its key elements,” and “presents cases succinctly but thoroughly.” He is praised for his “particular strength in assimilating large amounts of detail accurately and sometimes at short notice.” Chambers & Partners 2013
“Reliable, innovative, conscientious and very committed to clients.” Chambers & Partners 2013