Nicholas Cobill

Viewing: Banking, Finance and Financial Regulation for Nicholas Cobill

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 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. His experience includes:
Advocacy
- obtaining emergency worldwide freezing orders to prevent the dissipation of assets
- obtaining disclosure orders pursuant to letters of request on behalf of an Argentinean national supermarket chain to force the disclosure of documents and oral testimony from banks and bankers 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 guarantors and lenders in proceedings in the High Court and County Court and 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
- advising foreign clients to resolve mistaken transactions where the UK originator bank facilitated the defrauding of the foreign client’s customer
- 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 a financial advisor in a mediation with a mortgage provider
- averting proceedings against companies on the verge of insolvency through negotiation
- 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.
For 2 years, he was assigned to support HSBC Invoice Finance specialising in asset-based finance.
Other
Represented Middle Temple at the World Universities Debating Championship in Toronto 2001
BVC: Inns of Court School of Law – Very Competent
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
Chancery Bar Association
International Bar Association
Middle Temple