John McElroy

  • Head of Commercial Disputes and Partner
  • London
he / him / his
  • jmcelroy@hausfeld.com
  • +44 20 7665 5026
  • https://www.linkedin.com/in/john-mcelroy-7aa78a13?trk=hp-identity-name
John McElroy

OVERVIEW

John McElroy is a commercial dispute resolution expert and Head of the Commercial Disputes Team in London. He has extensive experience dealing with complex and often high value commercial litigation and international arbitration matters, with a particular emphasis on financial services disputes.

Expertise

John has acted in all divisions of the English High Court and his cases regularly involve international elements. He has been involved in LCIA, ICC, LME, LMAA and ad hoc arbitrations - involving parties in various different jurisdictions - and in various ICSID arbitrations. He has also acted in cases before the Courts of the British Virgin Islands.

John is currently acting on a variety of commercial litigation matters ranging from High Court employment disputes to breach of warranty claims, insolvency disputes and international arbitrations. He has also acted on intellectual property, trusts, property and tax disputes. Most recently, he has been instructed on matters arising out of the COVID-19 pandemic involving issues such as force majeure and frustration.

He was the partner responsible for the Stuart Wall v. The Royal Bank of Scotland plc case, recognised by The Lawyer’s Top 20 Litigation of 2017. He was also responsible for the Premier Motor Auctions case against PwC and Lloyds Bank, similarly recognised by the The Lawyer in their Top 20 cases of 2018.

In 2016, John was the lead lawyer representing the successful claimants on the first case to reach a judgment in the London High Court’s new Financial List. He has also acted in regulatory investigations involving both the Financial Conduct Authority and the Securities and Exchange Commission. Most recently, John led the ground-breaking claim acting for New Balance against Liverpool FC arising out of a sponsorship agreement related to the provision of playing kit and other licensed products.

Clients

John’s diverse client base include major domestic and international companies including clients in the sports, travel and retail industries, as well as individuals’ commercial interests.

He also has extensive experience of acting for and against groups of claimants, ranging from defending clients on claims being brought by groups of individuals, to advising groups of bondholders and institutional shareholders against major international banks and corporates.

EDUCATION

Legal Practice Course Diploma, Nottingham Law School
LLB., Common and Civil Law with French, The Queen’s University of Belfast and L’Université de Rennes 1, France

BAR ADMISSIONS

Solicitor - England and Wales, 2005 

AFFILIATIONS

Executive Committee Member - London Solicitors Litigation Association (LSLA)
Member - Law Society of England and Wales
Member - Cambridge Forums (English - American Litigation)
Member - Arbitration Club, Financial Sector Branch
Hausfeld Firm Representative - Commercial Litigators Forum (CLF) 
Member – Irish International Business Network

NEWS

3 Hausfeld Partners appointed to the LCAM Commercial Rent (Coronavirus) Act 2022 Arbitrator Panel

  • United Kingdom
  • Jun 13 2022

Lianne Craig to step up as Managing Partner for Hausfeld in London while Anthony Maton becomes Global Co-Chair

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • Environmental & Product Liability
  • Human Rights
  • Technology & Data Breach
  • United Kingdom
  • Dec 01 2021

Chambers UK 2022: Hausfeld continues to lead in competition, banking and litigation

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • Environmental & Product Liability
  • United Kingdom
  • Oct 21 2021

Legal 500 UK 2022 ranks Hausfeld in seven practice areas

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • Environmental & Product Liability
  • Human Rights
  • United Kingdom
  • Sep 29 2021

Significant travel IP claim against global travel division of American Express will proceed in England

  • Commercial & Financial Disputes
  • United Kingdom
  • May 20 2021

Twelve Hausfeld lawyers across four regions named in 2021 Lawdragon 'Global Litigation 500' list

  • United States, France, United Kingdom, Netherlands
  • Mar 01 2021

Chambers UK 2021: Hausfeld leads in competition and banking with new ranking in litigation

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • United Kingdom
  • Oct 22 2020

Legal 500 UK 2021 continues to rank Hausfeld in all its core practice areas

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • Human Rights
  • United Kingdom
  • Sep 30 2020

Hausfeld £1 million COVID-19 Commitment announced

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • United Kingdom
  • Apr 14 2020

Excellent 2020 rankings for competition and banking litigation by Chambers UK

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • United Kingdom
  • Oct 10 2019

Excellent Chambers UK rankings for Hausfeld in both competition and banking litigation

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • United Kingdom
  • Nov 01 2018

Hausfeld launches major shareholder action against Tesco

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 30 2018

EVENTS

Climate Litigation and Activism Summit 2021

  • Environmental & Product Liability
  • Online 

  • 23 Nov 2021

Commercial Litigation Summit

  • Commercial & Financial Disputes
  • London

  • 08 Nov 2021

UIA International Association of Lawyers 2021 Congress

  • Commercial & Financial Disputes
  • Madrid / Online

  • 28 Oct 2021

Litigation Funding - New Ideas, Alternative Solutions: Legal Finance in the Current Market

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • Online

  • 24 Sep 2020

COVID-19 claims for business interruption, & assistance with associated legal fees

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • Online

  • 16 Jul 2020

LGBT+: The future of inclusion in professional services

  • London

  • 13 Feb 2019

PUBLICATIONS

Legitimacy, we have. Next stop: authenticity

  • United Kingdom
  • Jun 07 2022

Arbitrator selection: getting it right from the start

  • Commercial & Financial Disputes
  • United Kingdom
  • Jun 06 2022

TLICN - In the spotlight with John McElroy

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • Technology & Data Breach
  • United Kingdom
  • Apr 22 2022

Climate litigation and energy

  • United Kingdom
  • Nov 04 2021

When does a surety not have to pick up the tab?

  • Commercial & Financial Disputes
  • United Kingdom
  • Jul 13 2021

Helping businesses with the fallout from COVID-19: Q&A with Andrew Bullion and John McElroy

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • United Kingdom
  • Oct 23 2020

Taking the temperature: climate change litigation in England and Wales

  • Environmental & Product Liability
  • United Kingdom
  • Oct 23 2020

Business courts bolstered by pandemic pragmatism as remote hearings rise

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 21 2020

English courts tackle the digital age with Disclosure Pilot

  • Commercial & Financial Disputes
  • United Kingdom
  • Mar 05 2020

New Balance v Liverpool FC

  • Commercial & Financial Disputes
  • United Kingdom
  • Nov 21 2019

If the FCA won't regulate bad behaviour by banks such as RBS, then who will?

  • Commercial & Financial Disputes
  • United Kingdom
  • Sep 04 2018

"Class actions set for certification hearings in wake of Mastercard ruling" - Litigation Futures, 14 December 2020

"Merricks defeats Mastercard in Supreme Court certification battle" - CDR Magazine (subscription only), 11 December 2020

"FCA impotence over RBS exposes gap in lending regs" - Law360 (subscription only), 2 August 2018 

PERSPECTIVES

Witness evidence ruck in Greencastle v Payne: the Good, the Bad and the Rugby

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • Environmental & Product Liability
  • Human Rights
  • Technology & Data Breach
  • United Kingdom
  • May 03 2022

Cryptocurrency – extreme volatility prevents attempt to post as security

  • Commercial & Financial Disputes
  • Technology & Data Breach
  • United Kingdom
  • Feb 03 2022

UK commercial disputes: Winter newsletter 2022

  • Commercial & Financial Disputes
  • United Kingdom
  • Jan 24 2022

Consilio's 'Voices of Inclusion' with John McElroy

  • Commercial & Financial Disputes
  • United Kingdom
  • Nov 22 2021

Is compulsory Alternative Dispute Resolution (ADR) on the way?

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 02 2021

Parties beware: control communications with experts to keep litigation on track

  • Commercial & Financial Disputes
  • United Kingdom
  • Jun 29 2021

When are legal communications not privileged? The unclear scope of the “Fraud Exception”

  • Commercial & Financial Disputes
  • United Kingdom
  • Mar 03 2021

‘Waiving’ goodbye to legal professional privilege

  • Commercial & Financial Disputes
  • United Kingdom
  • Feb 16 2021

UK commercial disputes: Winter newsletter

  • Commercial & Financial Disputes
  • United Kingdom
  • Feb 02 2021

A reminder: attaching documents is not enough for privilege to attach

  • Commercial & Financial Disputes
  • United Kingdom
  • Feb 01 2021

COVID-19 – wrongful trading provisions re-suspended

  • Commercial & Financial Disputes
  • United Kingdom
  • Dec 10 2020

Confidential information – control it or lose it

  • Commercial & Financial Disputes
  • United Kingdom
  • Nov 13 2020

Arbitrability under English law for foreign insolvency proceedings brought by receivers

  • Commercial & Financial Disputes
  • United Kingdom
  • Oct 30 2020

Barclays ‘waived’ goodbye to their privilege: an insight into the cherry-picking rule

  • Commercial & Financial Disputes
  • United Kingdom
  • Sep 29 2020

COVID-19 - temporary suspension of wrongful trading provisions coming to an end

  • Commercial & Financial Disputes
  • United Kingdom
  • Sep 25 2020

High Court grants Nigeria time extension in arbitral award challenge: exception that proves the rule

  • Commercial & Financial Disputes
  • United Kingdom
  • Sep 14 2020

About time for some recognition? What test will the English Courts apply when enforcing foreign judgments?

  • Commercial & Financial Disputes
  • United Kingdom
  • Sep 09 2020

New world. Unchanged expectations.

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 06 2020

We love D&I 4 LGBT+ in law: candid perspectives with Ingrid Gubbay and John McElroy

  • Human Rights
  • United Kingdom
  • Jun 30 2020

Bostock v Clayton County and LGBT rights: a UK perspective

  • Commercial & Financial Disputes
  • Human Rights
  • United Kingdom
  • Jun 26 2020

Notification clauses: the devil is in the detail

  • Commercial & Financial Disputes
  • United Kingdom
  • Jun 09 2020

From Russia with law: English CoA provides guidance on law governing arbitration agreements

  • Commercial & Financial Disputes
  • United Kingdom
  • Jun 08 2020

COVID-19 - football leagues left in legal limbo

  • Commercial & Financial Disputes
  • United Kingdom
  • May 29 2020

COVID-19 - what the Government wants – responsible and fair contracting

  • Commercial & Financial Disputes
  • United Kingdom
  • May 26 2020

COVID-19 - The Court’s approach to remote hearings and extending deadlines

  • Commercial & Financial Disputes
  • United Kingdom
  • May 22 2020

High Court shows contempt for those willing to risk abuse of contempt

  • Commercial & Financial Disputes
  • United Kingdom
  • May 15 2020

New rules regarding statements of truth and evidence in civil proceedings

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 29 2020

COVID-19 – temporary insolvency practice direction

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 21 2020

Commercial disputes perspectives – UK, Spring 2020

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 16 2020

COVID-19 - suspension of non-essential financial services regulation – a risky approach?

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 08 2020

COVID-19 – could wrongful trading suspension come back to bite?

  • Commercial & Financial Disputes
  • United Kingdom
  • Apr 02 2020

COVID-19: practical advice around contractual and supply chain issues

  • Commercial & Financial Disputes
  • United Kingdom
  • Mar 18 2020

Hausfeld’s 2019 review – commercial disputes

  • Commercial & Financial Disputes
  • United Kingdom
  • Jan 07 2020

WHAT OTHERS SAY

Chambers 

John McElroy impresses with his broad-based expertise in banking litigation. He represents clients in a variety of claims brought against both retail and commercial banks concerning alleged misconduct. "He is very good on the base legal work, but also very strong at thinking outside the box. I had a very positive experience working with John." - Banking Litigation – Mainly Claimant, Chambers UK 2022

John McElroy impresses with his broad-based expertise in banking litigation. He represents clients in a variety of claims brought against both retail and commercial banks concerning alleged misconduct. "He is excellent and incredibly bright." "John understands the issues very quickly and is a pleasure to work with." - Banking Litigation – Mainly Claimant, 2021

John McElroy acts for clients, including investors and leading corporates, on a wide array of high-value and complex disputes related to the banking industry. Sources are impressed by the strength of his practice and note that "he is very good at dealing with clients." - Banking Litigation – Mainly Claimant, 2020

John McElroy is cultivating a strong reputation for handling complex banking disputes often relating to claims of breach of fiduciary duty, misrepresentation and negligence. Clients say: "It always felt very much that he was in control of what was going on – John struck a good balance between delegating to his team but also understanding the detail and being able to get into any important issues.” - Banking Litigation – Mainly Claimant, 2019

Legal 500 

Ranked as 'Next Generation Partner': "John is clear and concise in his advice, takes charge of a matter and communicates well throughout. The relative merits of a client’s position are addressed honestly and sensitively." - Banking Litigation: Investment and Retail, 2022

Ranked as 'Next Generation Partner': "John is a pleasure to work with. Excellent litigation strategy instincts. Willing to roll up his sleeves as part of the team." - Commercial Litigation: Premium, 2022

Ranked as 'Next Generation Partner': “John McElroy is a very experienced litigator who is nevertheless, gentle, composed and measured. [...] Each of these is unusually easy to deal with and always works hard.” - Banking Litigation: Investment and Retail, 2021

John is listed as a ‘Next Generation Partner’ – Banking Litigation: Investment and Retail, 2020

‘John McElroy is knowledgeable, commercial and very easy to work with‘. - Commercial Litigation, 2020

“John has demonstrated himself to be a key individual, who is able to effectively worth with others in the team and is adroit at balancing detail with an overview of objectives.” - Banking litigation: Investment and Retail, 2019

“John is fantastic with clients.” – Commercial Litigation, 2019

John McElroy is praised for his ‘feel for the ebb and flow of litigation and the timing of playing one’s strongest cards’ and his ‘acute legal mind with sound commercial awareness.’ - Commercial Litigation, 2018

Experience

Commercial & Financial Disputes

During his time at Hausfeld, John has worked on the following cases:

  • Representing Spanish and Panamanian companies, Trappit SA and Trappit Tecnologias SL in a substantial claim against GBT UK Ltd, American Express’ Global Travel Division, in claims alleging that the global travel company misappropriated a highly valuable and commercially sensitive airfare booking software system (ARPO).
  • New Balance Athletics, Inc v The Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm). A high-profile and time-sensitive claim against Liverpool FC arising out of a sponsorship agreement related to the provision of playing kit and other licensed products.
  • Dr Philip Comberg v VivoPower International Services Limited & VivoPower International Plc. Acting for the Claimant, in long-running proceedings issued in the Queen’s Bench Division for repudiatory breach of his service agreement and the breach of three other agreements entered into with the Defendants.
  • Premier Motorauctions Ltd (in liquidation) & Another v PricewaterhouseCoopers LLP and Lloyds Bank plc. Instructed by the joint liquidators in relation to these high profile and high value (£50 million) claims for professional negligence, breach of tortious / fiduciary duties, misrepresentation, causing loss by unlawful means and conspiracy to injure.
  • Wall v Royal Bank of Scotland plc. Acted for Stuart Wall (owner of Opal Property Group) in a £670 million interest rate swap mis-selling claim against RBS, alleging the bank caused the failure of Wall’s business.
  • A variety of confidential matters including LMAA, LCIA, LME and ad hoc arbitrations as well as various commercial disputes resolved in the pre-action stages.


Prior to joining Hausfeld, John worked on a large number of cases, including the following:

  • GSO Credit v Barclays Bank plc [2017] 1 All ER (Comm) 421.
  • Guardians of New Zealand Superannuation Fund & Others v Novo Banco SA.
  • The Hut Group Limited v Oliver Nobahar-Cookson & Another [2014] EWHC 3842 (QB).
  • Kesabo & Others v African Barrick Gold plc & Another.

WHAT OTHERS SAY

  • Chambers UK, 2022

    He is very good on the base legal work, but also very strong at thinking outside the box. I had a very positive experience working with John.

  • Legal 500 UK, 2022

    John is clear and concise in his advice, takes charge of a matter and communicates well throughout. The relative merits of a client’s position are addressed honestly and sensitively.

  • Chambers UK, 2021

    Impresses with his broad-based expertise in banking litigation... in both retail and commercial banks concerning alleged misconduct. He is excellent and incredibly bright. John understands the issues very quickly and is a pleasure to work with. 

  • Legal 500 UK, 2021

    A very experienced litigator who is nevertheless, gentle, composed and measured... unusually easy to deal with and always works hard.

  • Chambers UK, 2020

    Sources are impressed by the strength of his practice and note that 'he is very good at dealing with clients'.

  • Legal 500 UK, 2020

    John McElroy is knowledgeable, commercial and very easy to work with.

  • Chambers UK, 2019

    Clients say: 'It always felt very much that he was in control of what was going on – John struck a good balance between delegating to his team but also understanding the detail and being able to get into any important issues'.

  • Legal 500 UK, 2019

    Has demonstrated himself to be a key individual, who is able to effectively worth with others in the team and is adroit at balancing detail with an overview of objectives.

  • Legal 500 UK, 2019

    John is fantastic with clients.

What I think

Witness evidence ruck in Greencastle v Payne: the Good, the Bad and the Rugby

  • Commercial & Financial Disputes
  • Antitrust / Competition
  • Environmental & Product Liability
  • Human Rights
  • Technology & Data Breach
  • United Kingdom
  • May 03 2022

Cryptocurrency – extreme volatility prevents attempt to post as security

  • Commercial & Financial Disputes
  • Technology & Data Breach
  • United Kingdom
  • Feb 03 2022

UK commercial disputes: Winter newsletter 2022

  • Commercial & Financial Disputes
  • United Kingdom
  • Jan 24 2022

Consilio's 'Voices of Inclusion' with John McElroy

  • Commercial & Financial Disputes
  • United Kingdom
  • Nov 22 2021

Is compulsory Alternative Dispute Resolution (ADR) on the way?

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 02 2021

Parties beware: control communications with experts to keep litigation on track

  • Commercial & Financial Disputes
  • United Kingdom
  • Jun 29 2021