Prior to his career in law, Nicholas worked in finance in the City of London. He was based in the trade services department of Barclays Bank plc and dealt with revocable and irrevocable letters of credit and guarantees in international commercial transactions.
For approximately 2 years, Nicholas was assigned to support HSBC Invoice Finance to facilitate asset based lending transactions, routinely representing the bank in applications in the former Queen’s Bench Division of the High Court.
Throughout his career at the Bar, he has acted for banks, commercial lenders and businesses. He appears regularly in the High Court and sometimes the County Court.
He advises on risk avoidance, provides opinions and drafts pleadings, gives guidance on disclosure exercises, interviews witnesses, liaises with experts and represents clients at mediation, in tribunals and in court.
As a leading junior in commercial litigation, he is recognised in the Legal 500 for his strong commercial grasp, pragmatism of the commercial realities of litigation, his approachability and focus on delivering his clients’ objectives.
His experience includes:
Advocacy
- obtaining worldwide freezing orders and disclosure orders on behalf of asset based commercial lender against directors of telecommunications company engaged in widespread commercial fraud
- representing finance provider to obtain summary judgment against director of company who had provided a guarantee and indemnity and subsequently defeating his appeal against judgment
- representing Chief Executive Officers of national banks to obtain the dismissal of abusive proceedings and enforcement action against them individually
- representing supplier of farming equipment (in administration) at trial in a debt claim brought by a finance provider under a guarantee and indemnity
- representing finance provider to obtain summary judgment against director of company who had provided a guarantee and indemnity and subsequently defeating his appeal against judgment
- resisting applications for pre-action disclosure in claims against lenders involving allegations of secret commissions
- obtaining disclosure orders pursuant to letters of request on behalf of an Argentinean national supermarket chain to force the disclosure of banking documents and oral testimony from deponents in this jurisdiction to assist in its defence in the largest litigation in the Commercial Court in Argentina – Carrefour Nederland BV et al. v PWC et al
- representing the Secretary of State for Business, Innovation and Skills (on the Attorney General’s panel) in director disqualification proceedings (including securing disqualification orders against, company directors for periods of between 2 and 15 years in section 6 proceedings at final disposal hearings in cases including, for example, a USD 23m factoring fraud where he obtained 13, 13 and 7 periods of disqualification and a 15 year order against a defendant who acted whilst disqualified and who had falsified bank statements and deceived his co-directors)
- representing guarantors and lenders in contested applications in the High Court and County Court in insolvency proceedings
- representing lenders in an appeal where it was alleged that a promissory note constituted an unconscionable bargain
- obtaining possession orders against mortgagors in default
- representing banks and their customers in interim applications including applications to lift a stay, strike out/summary judgment, costs and case management conferences and at trial
Advisory and drafting
- advising on the merits of potential claims against a bank and a third party arising from the bank having blocked the client’s bank accounts as a result of a report of ‘fraudulent activity’ by the third party
- representing an individual in a contribution claim against his co-guarantor arising from a loan agreement to secure funds for the development of a multi-million EUR complex of holiday homes with golf course and shopping complex in Spain
- representing a building merchant at mediation to resolve its dispute with an IT business solutions PLC over a failed IT systems implementation across its businesses
- drafting statements of case on behalf of finance companies pursing debt claims under guarantees and indemnities and companies and individuals resisting such claims
- advising foreign clients to resolve mistaken transactions where the UK originator bank facilitated the defrauding of the foreign client’s customer
- interviewing witnesses and drafting witness statements for individuals in a group litigation against a Greek bank and their legal advisor in mis-sold mortgage claim in the Republic of Cyprus
- advising and successfully representing a commercial lender in its defence to a negligent misstatement claim brought by its former customer under a lease hire agreement
- advising an overseas UK client in his defence against foreign bank’s claim for unpaid credit card debt
- advising a customer in his defence to a claim by a commercial lender under an unenforceable penalty clause in a vehicle hire agreement
Alternative Dispute Resolution
- representing financial advisor in mediation with his mortgage provider
- working inhouse to assist company on the verge of insolvency to avert administration through negotiation with its suppliers
- devising tailored solutions for corporate entities to limit the threat of litigation
He is recognised for his proactive and commercial approach to dispute resolution.
Client care
Prior to joining No5 Chambers in March 2011, Nicholas was a senior associate in the commercial litigation team at Wragge and Co LLP (now Gowling WLG (UK) LLP). He also led the firm’s advocacy team. He dealt with a broad range of commercial disputes from high value and complex commercial matters to comparatively lower value and high volume disputes. He worked with partners across the firm, managed solicitors and supervised trainees. He has a strong grasp of the commercial realities of litigation and clear understanding of his clients’ needs and wishes.
Other
Represented Middle Temple at the World Universities Debating Championship Finals in Toronto 2001
BVC: Inns of Court School of Law – Very Competent
Nicholas has been involved with the governance of organisations in the third sector for over twenty years. He is a trustee and legal adviser to charities providing education, social mobility, health and counselling services in the UK and overseas.
Recommendations
“Nicholas is incredibly pragmatic, approachable and practical in his application of the law and his interaction with the clients.”
Legal 500 2023 (commercial litigation)
“Incredibly approachable and accessible to both instructing solicitors and clients. Very strong commercial grasp and works hard with clients to help them achieve the best commercial outcome for them and their business.”
Legal 500 2022
Notable Cases
Jonathan Digby-Rogers v Speechly Bircham LLP [2019] EWHC 1568 (Ch)
Henderson and Jones Ltd v Alex Tsimboykas and Claire Tsimboykas [2018] EWHC 1493
(1) John Micheal (2) Pauline Wendy Micheal (3) Havering Radio Cars UK Ltd v (1) Gary Anthony Phillips (2) A1 Group (UK) Ltd (3) Lynn Phillips [2017] EWHC 142 (QB)
(1) Cumbria Waste Management Ltd (2) Lakeland Waste Management Ltd v Baines Wilson (a firm) [2008] EWHC 768 (QB)
Memberships
Combar (Commercial Bar Association)
Chancery Bar Association
International Bar Association
Midlands Chancery and Commercial Bar Association
Middle Temple
