Nicholas deals with a range of insolvency issues.
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
- representing finance provider to obtain summary judgment against director of company in administration who had provided a guarantee and indemnity and subsequently defeating his appeal against judgment
- representing defendant in High Court proceedings brought by trustee in bankruptcy seeking declarations, orders and other relief under sections 339 and 423 of the Insolvency Act 1986
- 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
- obtaining a winding up order in High Court proceedings pursuant to section 122(1)(g) of the Insolvency Act 1986 on the basis that it was just and convenient to do so where there was a loss of substratum, deadlock, breakdown of mutual trust and confidence and exclusion from management
- obtaining bankruptcy orders and winding up orders at petition hearings
- representing supplier of farming equipment (in administration) at trial in a debt claim brought by a finance provider under a guarantee and indemnity
- obtaining an emergency order in Part 8 proceedings pursuant to section 125 Companies Act 2006 to rectify a company’s register to enter the name of an individual in place of her deceased father (the previous sole director and shareholder who died intestate suddenly where the Articles of Association left the company without a successor
- representing companies in the High Court in applications to restrain the presentation of winding up petitions and the advertisement in the London Gazette
- representing a major tobacco manufacturer (with a tobacco manufacturer as supporting creditor) in bankruptcy proceedings against the guarantor of a major UK supplier of their products
- representing administrator of company which supplied accounting and tax services to numerous celebrities in an application for a distribution to creditors pursuant to paragraph 65((3) Schedule B1 Insolvency Act 1986
- representing petitioning creditors and debtor in bankruptcy proceedings in the High Court in London, typically involving debts arising from guarantees and indemnities
- representing the Secretary of State for Business, Innovation and Skills (formerly the DTI) in interim and final charging order hearings in the High Court in London
- representing the Insolvency Service 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), obtaining an order to extend an administration, representing the Official Receiver at interim applications.
Advisory and drafting
- defending former directors of a manufacturer of toiletries and beauty products in High Court proceedings brought by claims company operated by an insolvency practitioner seeking to exploit a cause of action that originally vested in the administrators of the company and which was wholly unconnected with the underlying allegations of breaches of directors duties
- advising former director of recruitment company facing claim by a liquidator to recover losses arising from alleged transactions at undervalue, preferences, misfeasance, and breaches of fiduciary and statutory duties
- 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
- representing a global insurer defending a multi-million GBP claim at mediation involving defendant in administration and competing causes of action arising from a fire at prestige commercial premises in a city centre
- representing administrators of UK high performance engine manufacturer which supplied engines to Italian racing team for Formula 1 Grands Prix in Suzuka and Interlagos
- assisting a UK prestige vehicle manufacturer to obtain an injunction to compel a company in administration to continue to supply parts to enable its production line to continue
- working inhouse to assist a national manufacturer and retailer of children’s wear to avoid the threat of administration
- assisting a worldwide land surveying equipment distributor based in Hong Kong to recover a debt from a company subsequently in administration based in the UK
Alternative Dispute Resolution
- negotiating reduction of sum owed to the Official Receiver under a final charging order over client’s beneficial interest in a property to prevent an order for sale of the marital home
- representing administrators of a manufacturer of engines for F1 racing team seeking to realise property to make a distribution to secured and preferential creditors
- working inhouse to assist household name company on the verge of insolvency to avert administration through negotiation with its suppliers
Nicholas 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
