Nicholas Cobill

Viewing: Commercial Litigation for Nicholas Cobill

Nicholas is an experienced trial advocate who appears regularly in multi track proceedings in the High Court and County Court. As first choice counsel to a number of law firms, he is regularly instructed to obtain injunction orders or to resist injunction applications.
He deals mainly with high value commercial litigation arising from breaches of contract and professional negligence. He has a broad 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. His experience includes:
Advocacy
- obtaining emergency injunctions to compel a national energy supplier to reconnect electricity supplies to national fast food franchises across the South East
- recovering possession of a city centre nightclub, radio station and arts centre for a commercial landlord in a trial concerning forged signatures on a fabricated lease
- successfully opposing a business tenancy renewal where the complete breakdown of the relationship between landlord and tenant constituted a reason connected with the tenant’s use or management of the holding (reported in the Estates Gazette No.1312 and upheld in Horne and Meredith Properties Ltd v (1) Cox (2) Billingsley [2014] EWCA Civ 423)
- obtaining an injunction to prevent a recruitment agent from operating a competing business in breach of post-termination restrictive covenants and to deliver up confidential information
- representing local authorities in applications for liability orders arising from the non payment of national non-domestic rates (business rates)
- representing the Welsh manufacturer of industrial washing machines exported to South Africa in contested jurisdiction proceedings against a German industrial washing machine retailer
- 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 the claimants in Cumbria Waste Management Limited and Lakeland Waste Management v Baines Wilson (A Firm) [2008] EWHC 786 (QB) (re: opposing disclosure of documents used in mediation)
Advisory and drafting
- 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)
- representing an individual in a contribution claim against his co-guarantor arising from a loan agreement to secure funds for the development of an 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
- representing a global insurer defending a multi-million GBP claim at mediation involving multiple defendants and competing causes of action
- assisting shareholders to recover deferred consideration in an expert determination
- assisting a national airline in an international arbitration with foreign engine manufacturer
Alternative Dispute Resolution
- assisting a 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
- assisting shareholders to recover deferred consideration in an expert determination
- mediation involving longstanding and acrimonious disputes been different branches of the same religion worshipping at and using the same temple and building disputes involving next door neighbours
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.
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