John T Aycock

Joint Managing Director

John T Aycock

John T Aycock

Joint Managing Director

Tel

+44 (0)1624 695800

Email

jta@mplegal.im

General

1982

University of Leeds, Bachelor of Laws LL.B. (Hons)

1986

University of Lausanne, Switzerland; Alliance Francaise with Honours

1991

Solicitor of the Supreme Court of England and Wales

1994

Attorney at Law of the Supreme Court of the Turks and Caicos Islands

1998

Advocate, Isle of Man
Commissioner for Oaths (Isle of Man)

1999

Solicitor-Advocate (Higher Courts Civil) of the Supreme Court of England and Wales

2010

Accredited Employment & Workplace Mediator

2016

Notary Public Isle of Man

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Memberships

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


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Legal directory endorsements

"The highly respected John Aycock is praised by peers for his 'sensible and measured' approach to employment law.  He offers a wealth of knowledge on contentious matters, including restrictive covenant litigation and unfair dismissal."  Band 1 ranked lawyer.

Chambers UK (2017 edition)

Rated as "leading individual" for Employment; "provides wise and sound advice to employers and employees"

Legal 500 - UK (2016 edition)

Ranked as Band 1 lawyer for Employment; "very capable... is quick on the uptake and very practically minded".

"Clients like John Aycock of M&P Legal 'due to his knowledge, expertise and efficiency'. He is renowned for his expertise in employment matters and is adept at acting for clients involved in professional negligence cases"

Chambers UK (2016 edition)

Rated as "leading individual" for Employment

Legal 500 - UK (2015 edition)

Rated as "Star Individual" for Employment. "...a great lawyer... probably considered one of the leading employment lawyers on the Island. He truly is an employment specialist"

Chambers - UK (2015 edition)

Rated as "leading individual" for Employment and "particularly active in high level terminations"

Legal 500 - UK (2014 edition)

Rated as "Star Individual" in Employment; lauded for his "specialist comprehensive and thoughtful advice. He has excellent knowledge of employment law on the Isle of Man and how it interrelates with England. He is able to challenge issues and understand where we are coming from as a client. He is especially great at uncovering arcane and little-known bits of caselaw and legislation that often help our cause".

Chambers Europe - (2014 edition)

Rated as "leading individual" for Employment

Legal 500 - UK (2013 edition)

continues to receive effusive praise and is indisputably regarded as the island's leading light for all areas of employment law - Rated as "Star Individual" in Employment.

Chambers Europe (2013 edition)

well thought of in the Isle of Man dispute resolution market

Chambers Global (2013 edition)

service is excellent and very professional in his approach

Legal 500 (2012 edition)

Rated as "Star Individual" in Employment; "unanimously regarded as one of the leading practitioners in the area and is hailed for his pragmatic, excellent advice."

Chambers Europe (2012 edition)

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" and "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" and provides "timely and appropriate advice" and is "exceptionally well prepared for every eventuality".

Legal 500 (2010 edition)

John Aycock is a "real strength and leading light", widely respected for his litigation practice and "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, "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" and "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". Ranked as leader in field.

Chambers Global Guide (2006 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)

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Articles and publications

Contributed the Isle of Man chapter to "Business Transfers and Employee Rights" Lexis Nexis (April 2012) by John McMullen

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 and the International Law Office as to employment law and litigation

'Case Note: Isle of Man Court takes Universal Approach to Cross Border Insolvency Matters' International Insolvency Law Review 2/2013

'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 Journal of Arbitration, Mediation and Dispute Management Vol 73 No 3 August 2007 (co-authored with Richard Anderson)

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


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Significant cases

Isle of Man (1998 to date)

Inquest re PFAQ (3-5 & 12 April 2017); Four-day inquiry into the death of a 70 year old farmer a week after his admission to hospital with various chest pains, occasionally pleuritic.  Diagnoses of acute coronary syndrome and pulmonary embolism ruled out by Troponin result and CTPA scan respectively.  Working diagnosis of pneumonia.  Second chest x-ray and further review of CTPA scan together with transthoracic echocardiogram and involvement of consultant cardiologist combine to give diagnosis of ascending thoracic aortic dissection.  Death from irreversible cardiac arrest occurred before transfer to a tertiary centre could be effected.  Expert cardiology evidence as to rarity of acute aortic syndrome and it being a classic mimicker of other conditions (acute coronary syndrome being 800 times more common).  No contributory systemic failures or neglect found.  Recommendation made by Coroner as to a review of radiology resourcing.  Verdict of death by natural causes recorded.

Inquest re TDCG (2 & 8 February 2017);  Two-day inquest into the death in hospital of a 72 year old man 11 days after a fall downstairs.  Evidence given as to diagnosis of spinal fractures with no neurological deficit.  After close observation in intensive care and gradual mobilisation a rapid deterioration ensued with tetraplegia and pneumonia.  Coroner unable to make finding as to pathology of secondary injury.  Article 2 not engaged.  Verdict of accidental death recorded.

Inquest re TSO (16 January 2017);  Inquiry into the death by hanging in a residential care home of a 30 year old woman with extensive mental health history.  Recent discharge from acute psychiatric state facility to private residential care home.  No grounds for state detention.  Article 2 not engaged.  Verdict of suicide recorded.

Inquest re SJC (21 November 2016 - 5 December 2016); Article 2 inquiry into death of a 28 year old man suspected of concealing illicit drugs internally.  Death occurred while detained in hospital under police watch.  Issues as to police operating procedure for such suspects particularly relating to observations and strip search provisions.  Jury inquest held over 11 days.  Narrative verdict returned by jury finding that death was accidental contributed to by neglect in respect of police practice and procedure.  Jury found that deceased retrieved internally concealed cocaine and consumed it while under police observation.  This caused cocaine toxicity and accidental death.  Three Rule 34 recommendations made by the Coroner.

Inquest re AJB (8 August 2016); Death of 66 year old in-patient who suffered secondary haemorrhage; recent fall but no signs of cerebral trauma.  Verdict of death due to natural causes recorded.

Inquest re WAW (29 February-3 March 2016); Inquiry into the death by hanging of a 35 year old voluntary in-patient at an acute psychiatric ward. Article 2 potentially engaged. Issues as to disclosure of ideation and the hospital's observations policy. Narrative verdict of the deceased taking his own life while the balance of his mind was disturbed, contributed to by neglect being gross systemic failure in the basic care provided.

Inquest re MBR (13-16 October 2015); Death of 72 year old in hospital after septic shock caused by septicaemia and bone marrow failure. Issues as to out patient blood testing and monitoring, internal and external communications between hospitals, GP's and community nurses and treatment according to Sepsis Six protocol. Expert evidence as to haematological issues and whether interventions would have altered the outcome; causation issue found to be too speculative. Verdict of natural causes with seven Rule 34 recommendations made by Coroner of Inquests.

MVL v A (8 September 2015); Professional negligence allegations raised relating to veterinary clinical treatment of pet dog, recovery from surgical excision of mammary masses and suture removal. Held that failure to adduce independent expert evidence to support a claim of clinical negligence is fatal to the claim; allegations dismissed.

Inquest re JFK (2 July 2015); Death of 87 year old in hospital following fractured neck of femur caused by fall at home. Medical evidence as to problems of immobility balanced against risks of hemiarthroplasty surgery. Narrative verdict recording death from respiratory system decompensation with chronic pulmonary and cardiac diseases and possible presence of pulmonary embolism, following stress induced from necessary surgery.

Inquest re LJF (25-26 June 2015); Death of 29 year old following ingestion of combination of prescription and other drugs. Medical evidence as to difficulties caused by illicit drugs. No evidence of intention. Expert forensic toxicologist evidence as to therapeutic levels of Pregabalin and Methadone. Verdict of accidental death recorded.

Inquest re IJA (21 May 2015, Manchester Coroner’s Court); Expert evidence on diagnosis of aortic dissection and myocardial infarction, relevance of aortic valve replacement and Troponin levels and rarity of dissection. Issues of transfer from offshore hospital to tertiary centre. Narrative verdict.

Inquest re KAK (6 May 2015); Death of 74 year old recorded as suicide while the balance of mind was disturbed. Evidence heard as to clinical assessment and mental health issues including compulsory detention not being appropriate.

Inquest re MAM (19 November 2014); Death of 51 year old following excessive ingestion of pregabalin and other CNS depressant drugs. Expert evidence as to medical cause of death focusing on rarity of fatal pregabalin toxicity where sole agent, contribution of coronary heart disease and synergistic effect of pregabablin codeine, buprenorphine and other CNS depressant drugs to enhance toxic effects on cardiorespiratory system. Verdict of death by misadventure recorded.

Inquest re TJD (5-7 November 2014); Three day inquest involving police and medical evidence. Expert evidence as to emergency psychiatric assessments, acute stress reaction following job loss and other factors, Mental Health Act detention and patient confidentiality thresholds. Death of 18 year old recorded as suicide.

Inquest re BDH (14-17 October 2014); Death by hanging in acute psychiatric ward. Issues as to anti-ligature installations and audits. Four day inquest. Article 2 engaged. Narrative verdict of suicide contributed to by neglect being gross systemic failure with one Rule 34 recommendation made by Coroner.

Inquest re HCK (16 September 2014); Multiple organ failure with unknown origin. Detailed review of GP and hospital treatment. Coroner satisfied as to standard of care and DNAR procedures. Natural causes verdict.

Inquest re WIH (25 April 2014); Death caused by reaction to septic shock following elective hernia operation. Expert evidence on medical issues arising including self discharge process. Narrative verdict.

Inquest re DWC (24 April 2014); Death following abdominal surgery, expert evidence on management of dehiscence. Narrative verdict.

Inquest re MJD (24 February to 19 March 2014); Jury inquest into a death in detention held over 3 weeks with some 70 witnesses; Article 2 ECHR engaged. Jury found accidental death contributed to by neglect. Detailed evidential analysis of Police Forensic Medical Examiner processes, transfer of medical information from police custody to prison health care, internal prison systems as to health care and emergency resuscitation procedures. Narrative verdict and fifteen Rule 34 recommendations made by Coroner of Inquests.

Kelly & Cowin v Department of Community, Culture and Leisure (Isle of Man Employment Tribunal, 18 March 2014); Five-day hearing of two unfair dismissal test cases representative of 63 bus driver Claimants. To effect contract change, contracts were terminated but all Claimants then re-engaged on new contracts; reason for dismissal accepted as Some Other Substantial Reason. Issues as to fairness and procedure adopted by employer. Majority decision to reject unfair dismissal claims: sound business need to make changes was established (budgetary reductions) and re-engagement terms were well within band of reasonable responses. English case law applied as material to the issues. Full judgment comprises 206 pages.

Inquest re CB (16 January 2014); Narrative verdict on DVT death following fractured fibula. No clear evidence as to necessity of thromboprophylaxis. Rule 34 Coronial recommendation as to nature of hospital’s plaster cast advice sheet.

Hromcova v CDPL (11 December 2013); Clinical negligence claim. Setting aside of default judgment, substitution of defendant. Combination of two-fold application serves the overriding objective.

Inquests re AS (2 October 2013) and re NEK (9 October 2013); Coronial inquiries into accidental and natural causes deaths respectively; effect of erroneous posthumous drugs test results. Appeared for Department of Health.

Macdonald v CDPL (9 October 2013); Corporate administration entity not the correct defendant to clinical negligence claim.

Scarffe & Others v Department of Community, Culture and Leisure (Isle of Man Employment Tribunal, 20 June 2013); Preliminary hearing on point of law involving 23 unlawful deduction from wages claims. Section 21(6)(e) Employment Act 2006 construed with assistance from British caselaw (Sunderland Polytechnic v Evans (1993) LRLR 196 EAT). Amounts deducted by employer on account of workers having taken part in strike action are contractual issues for the court, the Employment Tribunal has no jurisdiction to hear such claims; 23 claim forms dismissed accordingly.

Campbell & Others v Department of Community, Culture & Leisure (Isle of Man Employment Tribunal, 2 May 2013); Jurisdictional issues regarding six claim forms, common respondent. Five claims rejected as out of time, one accepted. Analysis of correct statutory gateway. Overriding objective does not widen statutory gateway.

Inquest re CJB (18 March 2013) Reported in 2013 MLR N-6; Isle of Man’s first Article 2 (European Convention on Human Rights) inquest held over 5 days. European and English caselaw construed and applied and Article 2 engaged.

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 [2011] MLR 376 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 (CLD) 2008 MLR N [2] successfully defending consultant orthopaedic surgeon against clinical negligence allegations; burden of proof, standard of duty of care discussed and assessment of conflicting expert medical evidence as to treatment of fractured tibia.

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) 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; appropriate venue reviewed.

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; clarification sought for 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 application; correct test.

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

Simon & Others v Vongphith 2DS 2000/34 (unrep) 28 Sep 2000 and on appeal enforcement and execution 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; various legal issues discussed.

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

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 successfully defended.

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.


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Languages

English and French