Nicholas advises and acts in commercial disputes with an international element.
Nicholas is an experienced advocate and adviser in a broad range of complex and high value commercial disputes. He acts for clients in arbitrations in UK and overseas forums.
He deals mainly with high value commercial arbitration arising from breaches of contract. He has a wide range of experience, acting for clients in the UK and overseas, including multinationals and high net worth individuals. Clients include pharma suppliers, manufacturers of medical equipment, banks, airlines, and UK and foreign government departments.
He advises on risk and dispute avoidance, and where proceedings are necessary, he deals with all stages, from devising strategy at the outset, to appearing in interim applications, trials and appeals.
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.
Letters of request / letters rogatory
Nicholas has developed an expertise in letters of request under CPR Part 34, assisting other lawyers to understand Part 34, applicable case law and best practice, the rules of examination in this jurisdiction, privilege, and how to obtain deposition and documentary evidence effectively.
His experience includes:
- advising foreign lawyers how best to frame their letters of request before their own courts to maximise the prospects of obtaining effective examination orders in this jurisdiction
- drafting and presenting applications for orders compelling deponents to provide oral and documentary evidence in foreign proceedings, including for use in large commercial litigation in the US and Argentina
- advising and assisting an Argentinean commercial law firm to obtain oral and documentary evidence in this jurisdiction from senior banker at Credit Suisse for use in the largest litigation in the Commercial Court in Argentina – Carrefour Nederland BV et al. v PWC et al.
- obtaining an order on behalf of the Treasury Solicitor compelling the deposition of a UK national to provide evidence in the Romanian Court
- obtaining an order pursuant to a letter of request from the Argentinean court to compel the former Forensic Science Service to perform an analysis of the mortal remains of someone buried in 1948 and exhumed for the purposes of establishing paternity
- assisting US lawyers to understand rules of examination and to obtain depositions in large intellectual property disputes including from alloy wheel manufacturer alleged to be responsible for the catastrophic failure of wheels on Land Rover Discovery 3 in US class action
- advising foreign lawyers and the Treasury Solicitor and assisting them to examine deponents in examinations involving Magic Circle firms, unwilling deponents and sometimes in novel circumstances, such as the forensic examination of DNA
- assisting Examiners to certify transcriptions and liaising with the Foreign Process section of the Royal Courts of Justice and the Foreign, Commonwealth and Development Office to remit the certified evidence to the foreign courts via their own diplomatic channels
- providing training to international law firms to assist them to understand all aspects of CPR Part 34, and how best to act for applicants and respondents, including practical tips drawn from experience.
Advocacy
- representing UK and French pharma companies in contractual disputes with suppliers in India in commercial negotiations and in arbitration in the London Court of International Arbitration
- representing clients in applications in the High Court to register foreign judgments to enforce against entities based in this jurisdiction
- acting for French manufacturer of cardiovascular and endovascular catheters that it supplied to an Indian manufacturer of cardiac stents and cardiovascular devices based in New Delhi. Advising on the merits of a claim for payment of invoices and debt crystallised under a settlement agreement with an ambiguous jurisdiction clause. Drafting statements of case and representing the client in arbitration in the London Court of Arbitration
- obtaining worldwide freezing orders and disclosure orders on behalf of asset based commercial lender against directors of telecommunications company engaged in widespread commercial fraud
- obtaining the discharge of an ex-parte injunction against former managing director alleged to have taken confidential information and trade secrets from two former employers in circumstances where the injunction was obtained using confidential evidence and without full and frank disclosure
- obtaining delivery up order compelling company in administration to return tooling to manufacturer of parts for motor vehicles and engines to enable the continuation of vehicle production line
- representing the Welsh manufacturer of industrial washing machines exported to South Africa in contested jurisdiction proceedings against a German industrial washing machine retailer (where there were competing claims as to the incorporation of terms)
- representing Ministry of Tourism of the Government of India in proceedings involving a publisher in the Queen’s Bench Division of the High Court in London
- obtaining security for costs order for British Airways against a foreign litigant based in the British Virgin Islands
Advisory and drafting
- advising on the merits and evidence, drafting statements of case, and representing IT company in a complex IT contract litigation pertaining to the provision of Ethernet and ADSL services under a managed service contract with Caledonian MacBrayne Ferries in the Scottish Isles
- advising on the permissibility of service of proceedings on EULEX in a dispute arising from the Balkan Wars (in Tomanovic and 7 Ors v (1) European Union (2) Council of European Union (3) High Representative of the Union for Foreign Affairs and Security Policy (4) European Union Rule of Law Mission in Kosovo (EULEX) [2019] EWHC 3350 (QB)
- acting for French manufacturer of cardiovascular and endovascular catheters that it supplied to an Indian manufacturer of cardiac stents and cardiovascular devices based in New Delhi. Advising on the merits of a claim for payment of invoices and debt crystallised under a settlement agreement with an ambiguous jurisdiction clause. Drafting statements of case and representing the client in arbitration in the London Court of International Arbitration
- 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
- assisting a national airline in an international arbitration with foreign engine manufacturer
- representing a Spanish construction company in a dispute with its English sub-contractor arising from the supply of labour and materials for the construction of a biomass power station in the UK
- drafting debt recovery provisions for The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 and advising the Environment Agency on debt recovery from overseas airline operators
- representing Swiss human growth hormone marketing company in a c. 10m GBP contractual dispute with an English manufacturer of pharmaceutical devices
- defending test case by UK vehicle dealer against a Japanese vehicle manufacturer relating to Regulation 1400/2002/EC and selective distribution network
- advising foreign lawyers and Treasury Solicitor on Letters of Request / facilitating depositions
- registration and enforcement of foreign judgments in this jurisdiction
- advising on jurisdiction and governing law clauses
Alternative Dispute Resolution
- representing UK pharma supplier in commercial negotiations with Indian pharma manufacturer in supply chain involving Hungarian pharma supplier and shipping contracts giving rise to disputes on jurisdiction and governing law
- representing UK vehicle manufacturers in multi-million GBP disputes at mediation including with dealerships based abroad claiming unlawful termination of dealer agreements
- 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 and international disputes expertise
Prior to joining No5 Chambers in March 2011, Nicholas was a senior associate in the commercial litigation team in Wragge and Co LLP (now Gowling WLG (UK) LLP). He also led the firm’s advocacy team. He dealt with a broad range of international commercial disputes.
Nicholas was one of four lawyers appointed to the firm’s internal specialist international support team. He advised lawyers across the firm on matters containing international elements, contributing to a database of precedents, advices and articles. He gave jurisdiction training to all new trainees as well as departmental training sessions on aspects of law pertinent to each practice area. He specialised in advising foreign lawyers and Treasury Solicitor on letters of request, facilitating depositions, enforcement of foreign judgments in this jurisdiction, advising on jurisdiction and governing law clauses and litigation outside the jurisdiction (mostly in the US and Europe).
He worked with partners across the firm, managed solicitors and supervised trainees. He worked closely with lawyers in foreign law firms to assist them to reach their clients’ objectives. He often supervised or sponsored foreign lawyers on secondment to the firm.
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
