Nicholas is an experienced advocate and adviser in a broad range of complex and high value commercial disputes. He appears regularly in multi-track proceedings in the High Court and County Court. As first choice counsel to several law firms, he is instructed regularly in complex or high value applications and trials.
He deals mainly with high value commercial litigation arising from breaches of contract and professional negligence. He has a wide range of experience, acting for clients in the UK and overseas, including multinationals and high net worth individuals. Clients include banks, airlines, utility providers, insurers, manufacturers, franchises 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.
His experience includes:
Advocacy
- representing individual in a negligence claim against a builder who failed to complete the building of his property in accordance with architectural plans and Building Regulations
- representing accountant in High Court proceedings concerning allegations of negligence and involvement in commercial fraud
- representing general building contractors defending allegations that they had negligently failed to complete the reconstruction of a flue system and chimney which was alleged to have caused or contributed to the cause of a fire at a stately home
- defending accountant in a negligence action brought by members of the peerage and trustees of a fund for failures to provide accountancy services and to file tax returns on time
- defending barrister from allegations of negligence and professional misconduct before the Bar Disciplinary Tribunal
- representing a credit provider in a section 75 Consumer Credit Act claim brought by individuals who underwent catastrophic eye surgery for macular degeneration at the London Eye Hospital where the treatment was paid for by credit card and the co-defendant was facing allegations of negligence and breach of contract
- representing the claimants in Cumbria Waste Management Limited and Lakeland Waste Management v Baines Wilson (A Firm) [2008] EWHC 786 (QB) (re: disclosure of documents used in mediation) (solicitors’ negligence)
- representing companies in proceedings against a bank in the High Court where it was alleged that the bank had negligently undervalued a commercial property (and defending similar proceedings on behalf of commercial lenders)
- defending a vehicle dealership in a claim brought under the Consumer Protection from Unfair Trading Regulations 2008 where it was alleged that the dealership engaged in a prohibited practice
- representing an independent school in a claim brought against it by the father of a pupil concerning the provision of education
- 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)
Advisory and drafting
- advising 3 foreign companies (including a dissolved company based in Netherlands Antilles) in a loss of chance claim against their former solicitor (their second solicitor) for failing to issue a solicitors’ negligence claim against their first solicitor within the time limit
- advising recruitment company on the merits of a negligence claim against its provider of IT services for the unauthorised transfer of its domain names
- representing an individual in a case of mistaken identity in defamation claims against newspaper publishers and the Chief Constable of a regional police force
- representing the Policyholder in a professional negligence claim against its Broker for failure to obtain suitable insurance cover
- acting for a private property developer in its claim against a geotechnical consultant regarding advice given on the scope of contaminated land
- acting for claimants suing their former corporate solicitor for negligent advice and services
- advising a drinks supplier on the merits of its negligence claim against an auditor arising from an assumed responsibility based on the reasonableness and foreseeability of the reliance on their audit work in circumstances where that audit was required to enable the purchase of another drinks supplier at an appropriate price in accordance with a pricing mechanism in an SPA
- 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 involving allegations of the failure to exercise the reasonable skill and care of a competent electronic communications service provider
Alternative Dispute Resolution
- assisting building merchant at mediation to resolve its dispute with an IT business solutions PLC over a failed IT systems implementation across its businesses
- representing a global insurer defending a multi-million GBP claim at mediation involving multiple defendants and competing causes of action arising out of a fire in an English stately home
- representing waste disposal company to settle its tortious claim against security company which failed to prevent the theft of and damage to its property by unknown third parties
- representing defendant to a claim involving allegations of defamation and malicious falsehood in a dispute with his former builder involving a counterclaim for negligence
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
