John McElroy

Head of Commercial Disputes and Partner
London

he / him / his

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 complex financial services and contractual 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, LCAM 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 disputes 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. Arising out of the COVID-19 pandemic, he was instructed on matters involving issues such as force majeure and frustration.

John has twice been the partner responsible for the cases recognised by The Lawyer’s Top 20 Litigation of the year surveys. Back 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 has been instructed on disputes against entities such as Macquarie Bank, American Express and VivoPower plc.

Working towards a diverse, equitable and inclusive work force is paramount to John who is an active member of the firm’s DEI committee and chairs the firm’s global LGBTQ+ Alliance Working Group.

Clients

John’s diverse client base include major domestic and international companies including clients in the sports, travel and retail industries, as well as insolvency practitioners and individuals seeking to pursue their 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.

WHAT OTHERS SAY

Chambers

'John McElroy is a safe pair of hands and gives good, clear advice' and 'John is an exceptional lawyer' ; 'he has excellent commercial instincts and he is very client-focused.' - Banking Litigation: Mainly Claimant, Chambers UK, 2024

'John was excellent at advising and guiding us through the UK litigation process. He is easy to work with, responsive and a good attorney... Intelligent, sensible and personable.' - Banking Litigation, Chambers UK, 2023

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

'Next Generation Partner' John has 'significant experience in fraud and energy linked banking disputes'. - Banking Litigation: Investment and Retail, 2024

'Leading Individual' John 'is a polished operator. He keeps a keen eye on client objectives and effectively delivers.' - Commercial Litigation, 2024

John McElroy is 'a plugged-in, commercial, astute and engaged partner'. - International Arbitration, 2024

Ranked as 'Next Generation Partner,' John is noted as an 'outstanding lawyer.' - Banking Litigation, 2023

John is recognised as 'Next Generation Lawyer, he is great on tactics.' - Commercial Litigation, 2023

Noted as a key lawyer, 'John stands out as a leader, is an amazingly responsive and likable professional - always available to help.' - International Arbitration, 2023

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

Lawdragon

John was recognised by Lawdragon in 2023 in their 500 Global Litigation Lawyers for International Arbitration and Litigation.

Who's Who Legal

In 2023, John was highlighted as a 'Recommended Individual' in Commercial Litigation.

During his time at Hausfeld, John has worked on the following cases:
- 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.
- Marks V Marcus-Dew and Ezel. Acting on behalf of the Second Defendant in a claim by a manufacturing company and its owner-director for conspiracy to cause reputational and economic harm.
- Representing Phelan Energy Group Limited (PEG), in defending a c.$23m claim brought by Macquarie Bank Limited in a dispute involving foreign exchange swap transactions subject to the 2002 International Swaps and Derivatives Association Master Agreement (“ISDA”).
- Acting for Trappit, the developer of an intelligent flight savings software, against GBT UK, American Express’ Global Travel Division, in claims alleging the misappropriation of the client’s software.
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.

John McElroy is a safe pair of hands and gives good, clear advice. He is an exceptional lawyer and has excellent commercial instincts and he is very client focused.

Chambers UK, 2024

John McElroy is a polished operator. He keeps a keen eye on client objectives and effectively delivers.

Legal 500 UK, 2024

John was excellent at advising and guiding us through the UK litigation process. He is easy to work with, responsive and a good attorney... Intelligent, sensible and personable.

Chambers UK, 2023

John McElroy is an amazingly responsive and likeable professional – always available to help.

Legal 500 UK, 2023

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.

Chambers 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.

Legal 500 UK, 2022

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.

Chambers UK, 2021

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

Legal 500 UK, 2021

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

Chambers UK, 2020

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

Legal 500 UK, 2020

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'.

Chambers 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