GENERAL :

Born: 1961

University of Leeds, Bachelor of Laws LL.B. (Hons) 1982
University of Lausanne, Switzerland; Alliance Francaise with Honours 1986
Solicitor of the Supreme Court of England and Wales, 1991
Attorney at Law of the Supreme Court of the Turks and Caicos Islands, 1994
Advocate, Isle of Man, August 1998
Commissioner for Oaths (Isle of Man), September 1998
Solicitor-Advocate (Higher Courts Civil) of the Supreme Court of England and Wales, October 1999
Accredited Employment & Workplace Mediator, January 2010

MEMBERSHIPS :

Law Society of England and Wales (1992)
Turks and Caicos Islands Bar Association (1994)
Isle of Man Law Society (1998)
Employment Lawyers Association
Solicitors Association of Higher Courts Advocates
Association for International Arbitration
Mensa

DIRECTORY MENTIONS :

Rated as "Star Individual" in Employment; "Peers greatly respect him, and clients enthuse that 'he is absolutely excellent in every respect. I cannot stress how highly we recommend him'."
Chambers Europe (2011 edition)

Rated as a "Band 1 Lawyer" in dispute resolution and "one of the two or three leading employment lawyers on the Island"
Chambers UK (2012 edition)

"the most experienced labour lawyer practising on the Island"
Chambers Europe (2011 edition)

"a hard-working and proactive lawyer, who is always thoroughly prepared"
Chambers (2011 edition)

Rated as "leading individual" in employment law
Legal 500 (2011 edition)

'Endorsed' for Dispute Resolution advice
PLC Which Lawyer (2011 edition)

"has a wealth of experience and fights his client's corner fairly and without fuss".
Chambers (2010 edition)

'John Aycock is praised for "explaining the legal standpoint in a straightforward and accessible manner".'
Legal 500 (2010 edition)

'provides "timely and appropriate advice" and is "exceptionally well prepared for every eventuality".'
Legal 500 (2010 edition)

'John Aycock is "approachable and attentive".'
Legal 500 (2010 edition)

'John Aycock is a "real strength and leading light", widely respected for his litigation practice'
Legal 500 (2009 edition)

"A highly regarded litigator who is very strong on employment matters”
Legal 500 (2009 edition)

Ranked as the leading Isle of Man individual for Employment”
Legal 500 (2009 edition)

“One of the three Manx gurus in employment law .... has a strong following of commercial employers”
Legal 500 (2009 edition)

“He’s forthright and straightforward and good in the courtroom”
Chambers UK (2009 edition)

“He understands the commercial realities of a position and can put them into a legal context”
Chambers UK (2009 edition)

“One of the Island’s premier names for employment advice”
Chambers Europe Guide (2008) edition

Recommended for being “helpful and easy to relate to” and for being “straightforward and honest in his opinions”
Chambers UK Guide (2008 edition)

Recommended for “prompt, very clear advice”
Legal 500 (2007 edition)

Recommended as a “good litigator with an excellent court manner.” Clients praised his “careful and assiduous” demeanour, with one confirming that “everything is done exactly as you asked it to be done, and done extremely promptly!”
Chambers UK Guide (2007 edition)

Recommended for Dispute Resolution for ability to “really put you at ease with his excellent communication skills”
Chambers Global Guide (2006 edition)

Ranked among “Leaders in their Fields”
Chambers Global (2005-06 edition)

Ranked lawyer
Chambers Global Guide to the World’s Leading Lawyers for Business
(2004-2005 edition)

Described as “on the ball, practical and a gifted communicator”
Chambers Guide to the UK Legal Profession (2005 edition)

Leading individual (litigation) and leader in offshore “his tough but fair approach and sound knowledge of the law has impressed market observers”.
Chambers Guide to the UK Legal Profession (2003-2004 edition)

Recommended “His high success rate speaks for itself” – Commercial Litigation
Legal 500 (2003 edition)

Recommended for commercial litigation “excellent”
Legal 500 (2005 edition)

Recommended for commercial litigation as a “strong advocate” and “has an excellent reputation on the island and is highly popular with clients”
Legal 500 (2002 edition)

ARTICLES & PUBLICATIONS :

Winner of the Isle of Man Law Society George Johnson Law Prize 2011 for an essay on: "In civil trials how should the court balance the need for expedition with the need for justice"

Extensively published in local media as to employment law and litigation

‘Deterrent, Delegation and Disqualification - The Manx Court Adjudges’
Journal of International Trust and Corporate Planning Vol. 9 No. 3 2002

‘Regulatory Developments in a Mature Jurisdiction'
The International Financial Services Report 2011

‘The Introduction of Payment and Adjudication Provisions into the Construction Laws of the Isle of Man’
The International Jounal of Arbitration, Mediation and Dispute Management Vol 73 No 3 August 2007 (co-authored with Richard Anderson)

SIGNIFICANT CASES :

Isle of Man (1998 to date)

Bryan v Waterman LLC (14 March 2012); Successful defence of challenge to Court's jurisdiction; the Overriding Objective should be applied to assessment of the appropriate forum for a dispute; Azerbaijan not a clearly and distinctly more appropriate forum than Isle of Man; Manx Court's jurisdiction over Isle of Man company is founded as of right

Department of Economic Development v Work Permit Appeal Tribunal & Simons; Staff of Government Division (9 August 2011) Appeal Court decision on a point of law appeal in connection with work permit appeal procedures; definition of rehearing; impact of 2009 High Court rules; work permit legislation and previous caselaw construed

Mawdsley v Department of Economic Development (23 November 2010) Isle of Man Work Permit Appeal Tribunal; procedural issues, Article 6 rights, Ladd v Marshall, Wednesbury test

Nielsen v Zurich Employment Services Limited (5 November 2009) Isle of Man Employment Tribunal; successful defence of unfair dismissal and race discrimination tribunal claims

Petition of Wisdom (March 2009); proceedings on behalf of Sir Norman Wisdom OBE

Appeal Petition of Thomas re: Department of Education (9 January 2009) (Staff of Government Division, unrep) successful defence of Work Permit Appeal Tribunal decision appeal to High Court

Lowe v CPL Industries Limited; Employment Tribunal (30 April 2008) pre-hearing assessment on jurisdictional matters, costs warning given. Appeared for Respondent

Arthur-v-DHSS (26 February 2008) (unrep) successfully defending consultant surgeon against clinical negligence allegations

Petition of Seamark Trust Company (CI) Limited CP 2007/7 (unrep) October 2007 corporate trustee invoking s.61 Trustee Act 1961 relief before Chancery Division Appeal petition of the Department of Education (IOM Government) 2 DS 2006/22 (unrep) Judgment of 1 June 2007 (successful appeal on point of law re refusal of work permit)

Salih v DHSS & Others; Employment Tribunal (20 May 2007) successfully obtaining costs award against applicant

Huang v Pisces Limited; Employment Tribunal (18 Oct 2006) successful defence of unfair dismissal claim

In Re Z Trust (8 March 2006) (unrep) Judgment of HH Deemster Doyle (trustee discretion in context of freezing order and Californian proceedings, court considering not a fraud on the power)

In Re Romina Properties Ltd & Others (2005-07) MLR N-29 Judgment 9 Feb 2006 (as co-counsel) liquidator’s petition seeking court sanction of compromise

Petition of Emma Schmidt CP 2000/198 (as co-counsel) Estate claim; various reported and unreported judgments from 2001-2005, latterly In re Schmidt (2005-07) MLR N-25

Arquebus Limited v Rafter & Others (2003-05 MLR N-30) leave to serve out of jurisdiction; retrospective grant; lis alibi pendens

In Re Bellew Mortgages Limited and Snaefell Mortgages Limited (2003-05 MLR N-31) appointment of receivers over company under s.42 High Court Act 1991; factors considered

Financial Supervision Commission v Hirst & Lewin 37 MLB 19 (director’s disqualification proceedings)

Financial Supervision Commission v Brew 36 MLB 10 (director’s disqualification proceedings)

Financial Supervision Commission v Mellor & Gelling 36 MLB 1 (director’s disqualification proceedings)

Brew v Church Commissioners for Isle of Man 3 May 2002 (unrep) (pastoral Measure 1983; Diocese of Sodor and Man; Judgment of HH Deemster Cain, acting for Church Commissioners in ecclesiastical law matter)

Re Blayney and Grace (2001 – 03) MLR 13 (disclosure request from overseas authority, bankers’ books)

Financial Supervision Commission v O’Donnell (2001 – 03) MLR N-21; 35 MLB 12 (director’s disqualification proceedings)

Financial Supervision Commission v Cunningham CP 2001/60 (unrep) 4 Jul 2001 (director’s disqualification proceedings)

Financial Supervision Commission v Howard (2001-03) MLR N-1; 34 MLB 21 (director’s disqualification proceedings)

Walker v Moynihan (2001-03) MLR N-7 (contract limitation period)

APEM Surveyors & Others v Future Yachting Limited & Others CA 1999/18 (unrep) 27 Mar 2000 (challenge to jurisdiction)

Petition of the State of Arizona CP 1999/97 (unrep) 4 Aug 2000 (discharge of freezing order)

Re Renworth Limited CP 2000/129 (unrep) 31 Oct 2000 (beneficial ownership of shares, correct forum for dispute)

Treasury v Costain 33 MLB 56 (director’s disqualification proceedings)

Petition of Scottish Life International Insurance Co Ltd 33 MLB 70 (acting for Kier Group Pension Scheme Trustees)

Urquhart v Construction Support Services Ltd & Another (1999-01) MLR N-9; 33 MLB 58 (accord and satisfaction in personal injury claim)

Re Crozet Ltd 32 MLB 53 (security for costs)

Hansard International Ltd & Another v Grant & Others (1999-01) MLR 99; 32 MLB 70 (first instance and Appeal Court, misrepresentation claim re life policies)

Simon & Others v Vongphith 2DS 2000/34 (unrep) 28 Sep 2000 and on appeal (enforcement of $1 million foreign judgment in the Isle of Man)

Petition of Osiris Trustees Ltd & Goodways Ltd (1999-01) MLR 206; 32 MLB 81 (challenge to appointment of new trustees)

Balzarotti v Bentinck Group Limited (Isle of Man Employment Tribunal) 22 Dec 1999 (unfair dismissal)

Treasury v Brooks (1999-01) MLR 540; 32 MLB 47 (director’s disqualification proceedings)

Glassey v Walker Bros Ltd CLA 1997/3 (unrep) 20 May 1999 (employment negligence claim)

Treasury v Solly CP 1999/5 (unrep) 8 Feb 99 (director’s disqualification proceedings)

Smith v Heginbotham 31 MLB 77; (1996-98) MLR N-21 Successful defence of surveyor against professional negligence allegations.

Supreme Court of the Turks & Caicos Islands (1994-1996) (as attorney at law)

Continental Seacorp Shipping Co Ltd v Manana Shipping Co Ltd (1995) (Mareva injunction against vessel in port; judgment and enforcement in Bahamas)

Zurich Insurance Company v Johnston International Limited (hotel construction claim)

Grotsky v Barclays Bank (1995) (acting for bank in negligence claim)

Bay Hotel & Resort Ltd v Attorney General of the Turks & Caicos Islands (constitutional claim re electricity licence to hotel)

Barclays Bank v Paquette (1996) (Appeal Court) ($400,000 fraud claim)

Barnett Bank v Vadia & Others (1995) (freezing order/Norwich Pharmacal order/tracing claim)

Paradise Development v Jeanette Caribbean (1994) ($1 million judgment, relief from forfeiture claim)

Cable & Wireless v Kemp (1995) (summary judgment)

Turks & Caicos Airways Ltd v CFS (commercial contract claim)

England & Wales (1989 – 93) (as solicitor)

More than 30 Industrial Tribunal (now Employment Tribunal) cases for clients including Tetley’s Brewery, Mansfield Brewery and IMI Yorkshire Fittings Ltd

Part of legal team in insolvency litigation in Re Charnley Davies (no 2) [1990] BCLC 760; [1990] BCC 605

LANGUAGES :

English and French