Nick’s practice as a commercial litigator covers a wide variety of areas, including civil fraud and banking and finance claims (described under separate tabs) and the following areas:
Injunctions and conflicts of law issues
- S v L and others (BVI Commercial Court, 2018): advised (led by Charles Samek QC) in relation to the defence of a worldwide freezing order and receivership application in the BVI courts arising out of a $50 million criminal and civil fraud claim being brought in Russia;
- Williams v Federal Government of Nigeria (Commercial Court, 2018): successful application (unled) for default judgment against the Nigerian state in a sum in excess of US$14 million. The case raised complex issues of state immunity law;
- A v B (Commercial Court, 2017): instructed in defence to a claim to enforce Ukrainian judgments in the English Courts;
- Greenbrier Companies Inc v Ebreez Railway Services and others (Commercial Court) 2016: claim in deceit relating to a $15million commission, the subject of proceedings in Saudi Arabia; successfully resisted anti-suit injunction and application to serve outside the jurisdiction, on behalf of D1; succeeded in staying claim on grounds of forum non conveniens and discharging freezing order, on behalf of D3 (led by Jonathan Cohen QC).
Shareholders
- Claim by former director of company seeking order that he was entitled to 50% share in a software company, on the basis of an alleged quasi-partnership and/or constructive trust, in order to found an unfair prejudice petition. Case settled prior to multi-day trial (Ch) 2016;
- Advised on the construction of a share purchase agreement on an issue potentially worth circa £2 million (2014).
Company, partnership and LLP
- Button v Phelps [2016] EWHC 3185 (Ch): claim arising out of an attempted acquisition of a group of companies involved in the Po Na Na group; strike out application after claimant sought to resurrect quantum proceedings many years after trial; instructed against silk (sole counsel);
- Poole v Horton [2016] 1315 (Ch): claim against a liquidator appealing against proof of debt raised by claimant, seeking payment of 33.33% of the net asset value of the company when he ceased to be a director. Succeeded after 2 day trial in Companies Court;
- Re a Company [2016] EWHC 1548 (Ch): application for injunction to restrain advertisement of winding up petition, raising issues relating to the doctrine of apparent authority.
Contractual and common law claims
- Acting for a Defendant in a claim for a profit share in relation to a contract relating to the supply of goods to the Business Class and First-Class Cabins of a leading international airline (QB, 2017);
- Vanden Recycling Ltd v Kras Recycling BV [2017] EWCA Civ 354: appeal against decision to grant summary judgment against claimant after claim against second defendant was compromised by consent order; appeal succeeded in part in restoring all claims for relief, save for damages for conspiracy (led by David Reade QC);
- Rana v Tears of Sutton Bridge Limited [2015] EWHC 2597 (QB): bailment claim arising out of the destruction of Hummer limousine by arson whilst under the care of a third party.
Nick is a co-author of an article “When will the court grant freezing orders in support of foreign proceedings?” (click here). Nick has also lectured on the developing area of law surrounding the implied duty of good faith in commercial contracts.
Nick is also interested in international arbitration. Nick experienced a number of high value construction arbitrations during his pupillage and has acted as secretary to an ICC Arbitral Tribunal in an international commercial dispute relating to a luxury hotel in Morocco.