Nick has a broad commercial practice encompassing all areas of Chambers’ work, with particular emphasis on property and mortgage related disputes, professional liability claims, commercial litigation, matters of insurance and re-insurance and sports work. Nick’s experience in specific practice areas can be found by following below. 

Nick has experience in all areas of Chambers’ work, including: property disputes (including lenders claims, mortgage disputes and issues of title rectification); commercial litigation and arbitration; professional liability (including lawyers, accountants, surveyors and valuers negligence), construction disputes (including professional liability claims for and against construction professionals); insurance and reinsurance; sports law. Nick undertakes both advisory and court work, both on his own and with other members of Chambers, regularly appearing in the High Court, County Court and Property Tribunal in trials, applications and interlocutory hearings.

Nick’s recent cases include appearing as junior counsel for Southern Pacific Mortgages Limited and Mortgage Express in the Supreme Court in the managed North East Property Buyers Litigation [2014] UKSC 52; as junior counsel for Aviva Insurance (UK) Limited in both the High Court and Court of Appeal; Bate v Aviva Insurance (UK) Limited [2013] EWHC 1687 (Comm); Bate v Aviva Insurance (UK) Limited [2014] EWCA Civ. 334; and as sole counsel for Bank of Scotland plc in the High Court; Bank of Scotland plc v Macartan & Co (unreported); and the Court of Appeal; Pathania v Adedeji [2014] EWCA Civ. 681.

Nick was called to the Bar in 2010 and became a tenant of 4 New Square in October 2011 following completion of  his twelve month pupillage under the tutelage of Richard Liddell, Jonathan Hough QC, Charles Phipps and Mark Cannon QC. Before being called to the Bar Nick read Jurisprudence at Mansfield College, Oxford, where he was awarded an Exhibition, the Mansfield College Essay Prize, the Worsley Prize and a number of collections prizes. He studied for the BVC at BPP Law School and was graded Very Competent. Nick is a member of Lincoln’s Inn and has been awarded Hardwicke, Denning and Shelford Scholarships.

Areas of Expertise

Professional Liability
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Nick has developed a broad professional liability practice spanning the whole spectrum of Chambers’ professional liability work. He acts for both claimants and defendants and appears both as sole advocate and as junior counsel with other members of Chambers. He has particular experience of both advising on, and appearing in, claims involving solicitors, barristers, accountants, surveyors, valuers, construction professionals (including architects and specialist sub-contractors), estate agents and letting agents.

Nick has particular experience of claims against solicitors and barristers. His recent cases include matters arising from:

  • conveyancing and property transactions (including claims by lenders and matters involving mortgage fraud, title rectification and land registration, sale and rent back agreements and covenants and easements);
  • probate and the administration of estates (including issues of tracing, claims against trustees and executors and 1975 Act claims);
  • non-contentious work and drafting (including the drafting of wills, trust deeds, options and commercial agreements);
  • Breaches of trust (including claims by lenders and claims against solicitors arising from the dissipation of client funds);
  • Breaches of solicitor’s undertakings;
  • matrimonial and family disputes;
  • lost litigation and lost opportunity claims;
  • fees claims.

With regards surveyors and valuers, Nick has experience of acting for both claimants and defendants in claims by homeowners and lenders arising from the over-valuation of residential and commercial property, usually used as security for lending. Nick’s recent cases include. Nick was also instructed as junior counsel (led by David Turner QC) in a claim against valuers of a significant property fund for overvaluation of the fund’s assets.

Nick also has significant experience in claims against construction professionals, often involving multiple parties. In addition to his own practice Nick was recently instructed (with Graham Eklund QC and Rick Liddell) to act for specialist electrical contractors in substantial multi-party litigation arising from an oil spill at commercial premises in London. For further information about Nick’s construction law experience, click here.

Nick has previously been instructed (with Nicole Sandells) on a five week, multi-party, professional liability trial defending a firm of accountants against the claims of a former company director.

International Arbitration
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Nick is developing a practice in international arbitration. Nick was recently instructed as a member of a large legal team in a LCIA arbitration which concerned a dispute over the design, development, testing and implementation of a complex £800m IT system.

With regards his international sports work, Nick successfully represented the International Association of Athletics Federation (“IAAF”) with Rick Liddell in the Court of Arbitration for Sport prior to the 2012 Olympic Games. The IAAF successfully appealed the decision of the Doping Committee of the Hungarian National Anti-Doping Organisation, which had exonerated the Hungarian discus thrower Zoltan Kovago from any sanction; Lausanne, 26 July 2012.

Chancery
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Nick is developing a broad Chancery practice with a particular emphasis on mortgage law, trusts and issues of real property both on his own account and as junior counsel. Nick has recently appeared as junior counsel for Southern Pacific Mortgages Limited and Mortgage Express in the Supreme Court in the managed Scott v Southern Pacific Mortgages Limited (Re: North East Property Buyers) [2014] UKSC 52, and as counsel for the Bank of Scotland in the High Court; Bank of Scotland plc v Macartan & Co; and the Court of Appeal; Pathania v Adedeji [2014] EWCA Civ. 681.

Nick is currently instructed as junior counsel in three significant chancery matters:

  • Nick is currently instructed (with Nicole Sandells) in a five week, multi-party, professional liability trial defending a firm of accountants against the substantial claims of a former company director.
  • Nick is currently instructed (with Leigh-Ann Mulcahy QC) in a claim to enforce an undertaking in damages against HMRC following the wrongful appointment of a provisional liquidator.
  • Nick is currently instructed (with David Halpern QC) on behalf of a commercial tenant in a matter concerning the construction and enforcement of a commercial lease of substantial commercial premises. He is also acting as sole counsel in a claim by owners of commercial premises against their agents arising from unauthorised demolition works carried out by prospective tenants.

Nick’s expertise (notably in relation to property and mortgage-related litigation) are often brought to bear in his commercial and professional liability practices. Nick advises both claimants and defendants in claims against solicitors arising from conveyancing and property transactions (including claims by lenders and matters involving mortgage fraud, title rectification and breaches of trust), probate and the administration of estates (including elements of tracing and claims against executors and trustees), non-contentious drafting (including the drafting and rectification of wills, trust deeds and commercial agreements) and lost litigation.

Mortgages

Nick has developed a busy practice advising high street banks, building societies, foreign banks, private lenders, Law of Property Act Receivers and secured creditors in all aspects of mortgage law and mortgage-related litigation, appearing in the Supreme Court, Court of Appeal, High Court, County Courts and Land Tribunal.

Nick has experience of cases involving:

  • Issues of land registration and title rectification;
  • Tracing, subrogation and sub-subrogation;
  • Overreaching and overriding interests;
  • Sale-and-rent back agreements.
  • Issues of estoppel, variation and waiver and the implications thereof;
  • The implications of the consumer credit legislation on mortgage lending, notably in relation to buy-to-let properties and buy-to-let portfolios;
  • MCOBS;
  • Claims by borrowers and third parties against lenders and LPA Receivers arising from the sale of residential, commercial and buy-to-let properties;
  • Claims against both lenders and LPA Receivers arising from the management of buy-to-let portfolios. This often includes resisting applications for interlocutory relief (often at short notice);
  • Mortgage fraud (by borrowers and third parties) and the implications of Royal Bank of Scotland v Etridge (no 2);
  • Claims for the recovery of mortgage monies from estates, beneficiaries and executors following the death of a borrower;
  • Claims for possession against borrowers, tenants and sub-tenants brought on behalf of lenders, secured creditors and LPA Receivers in respect of both residential and commercial premises.  This includes issues of forfeiture.

Nick was recently instructed as junior counsel to act on behalf of Sothern Pacific Mortgages Limited and Mortgage Express in the Supreme Court in the managed Scott v Southern Pacific Mortgages Limited (Re: North East Property Buyers) [2014] UKSC 52. The matter concerned principles of secured lending, conveyancing and, more specifically, the legal interests of occupiers and lenders in sale-and-rent-back schemes.

Nick regularly acts on behalf of commercial, private and high street lenders in the High Court and County Court in claims involving breaches of retainer, breaches of trust and matters of land registration and title rectification. Nick was recently instructed by Bank of Scotland plc as sole advocate in the Court of Appeal; Pathania v Adedeji [2014] EWCA Civ. 681. He also acted for the Bank of Scotland in Bank of Scotland v Macartan & Co Solicitors(unreported), successfully obtaining summary judgment on behalf of the bank on the first morning of a three day Chancery Division trial.

Nick’s expertise in mortgage law are often brought to bear in his commercial and professional liability practice in which Nick regularly acts for claimants and defendants in claims by lenders (both commercial and private) against solicitors, mortgage brokers, surveyors and valuers. Nick has experience of both advising and acting in claims for breach of trust (express and constructive), breach of contract, professional negligence and lenders claims more generally.

Nick has also given talks, lectures and workshops on various aspects of mortgage law and property related litigation. Most recently, Nick ran a workshop with Anneliese Day QC and Miles Harris at the Chancery Bar Summer Conference 2014 which considered developments in lenders’ claims and has given talks (both on his own and with other members of chambers) to lenders, LPA Receivers and solicitors concerning recent developments in mortgage law, “LPA Receivers: advantages, disadvantages and alternatives”, deceased borrowers, overriding interests and subrogation.

Real Property

Nick is developing a practice in all aspects of real property. Nick has also acted for lenders, LPA Receivers and commercial and residential landlords in a range of landlord and tenant disputes.

Nick has experience of claims arising from, or involving:

  • Secured lending and all aspects of mortgage related litigation;
  • Restrictive covenants, easements and licences;
  • The construction of leases and repairing covenants;
  • The renewal of business leases;
  • Co-ownership of land;
  • Proprietary estoppel and constructive trusts;
  • Adverse possession. Nick advises high street and commercial lenders, private and commercial landlords and private and commercial borrowers in
  • Service charge provisions;
  • Forfeiture

Nick is currently instructed (with David Halpern QC) on behalf of a commercial tenant in a matter concerning the construction and enforcement of a commercial lease of substantial commercial premises. He is also acting as sole counsel in a claim by owners of commercial premises against their agents arising from unauthorised demolition works carried out by prospective tenants.

Nick’s expertise in real property are often brought to bear in his commercial and professional liability practice, in which Nick regularly acts for both claimants and defendants in claims arising from matters of secured lending, conveyancing, the renewal, construction and enforcement of residential and commercial leases and forfeiture.

Nick is a contributor to the Trusts and Estates Law & Tax Journal, recently publishing an article discussing the decision of Rose J in Pennyfeathers Ltd v Pennyfeathers Property Co Ltd [2013] EWHC 3530 (Ch) and the effects thereof. Before coming to the Bar Nick was awarded the Mansfield College Essay Prize for his essay, “Opening Pandora’s Box: the future of the remedial constructive trust in English law.”

Trusts, Wills, Probate and the Administration of Estates

Nick is developing a practice in traditional chancery work. Nick is instructed by both claimants and defendants. Nick’s recent experience involves claims arising from:

  • The construction and rectification of wills;
  • The removal of, and claims against, executors;
  • 1975 Act claims;
  • The administration of estates;
  • Gifts, incomplete gifts and donatio mortis causa

Nick’s experience in this area is often brought to bear in his commercial and professional liability practice, in which he acts for both claimants and defendants in claims arising from the drafting of wills, the administration of estates and lost litigation arising therefrom

Commercial Dispute Resolution
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Nick is developing a general commercial practice spanning the whole breadth of Chambers’ commercial work. He has acted as both sole and junior counsel in a number of commercial matters. He has experience of cases involving:

  • Commercial disputes over the supply of goods and services, including cases involving  misrepresentation and damages recoverable under the Misrepresentation Act 1967;
  • Claims by high street, commercial and private lenders, including professional liability claims (against solicitors and surveyors), claims for breach of trust and tracing claims against third parties.
  • A multi-million pound damages claim arising from a franchise agreement;
  • Assigned claims and claims under guarantees;
  • Claims against bailees and sub-bailees, including claims arising from the conversion of chattels bailed under hire purchase agreements (including cases involving fraud and issues arising from the Hire Purchase Act 1967);
  • Disputes involving consumer credit agreements;
  • Property damage;
  • Construction disputes;
  • Insurance disputes;
  • Claims against directors;
  • Multiple jurisdictions and arguments involving conflicts of laws.

Nick was instructed as a member of a large legal team in a LCIA arbitration which concerned a dispute over the design, development, testing and implementation of a complex £800m IT system.

Nick is currently instructed (with Nicole Sandells) in a five week, multi-party, Chancery Division trial concerning the former owners of London tourist attraction, the London Bridge Experience. Nick and Nicole are instructed on behalf of a firm of accountants in a claim by a former company director (and purported shareholder) for alleged negligence and breach of fiduciary duty.

Nick is also currently instructed (with Leigh-Ann Mulcahy QC) in a multi-million pound claim to enforce an undertaking for damages against HMRC following the wrongful appointment of a provisional liquidator.

Nick has recently been instructed by Aviva Insurance (UK) Limited (led by Graham Eklund QC) in Bate v Aviva Insurance (UK) Limited [2013] EWHC 1687 (Comm), which concerned a claim by a plaintiff policyholder arising from Aviva’s avoidance of the policy following a property fire. Nick and Graham successfully resisted Mr Bate’s appeal before the Court of Appeal; Bate v Aviva Insurance (UK) Limited [2014] EWCA Civ. 334.

Insurance & Reinsurance
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Nick is developing a practice in the law of insurance and reinsurance. He has recently, successfully, acted for Aviva Insurance (UK) Limited (led by Graham Eklund QC) in Bate v Aviva Insurance (UK) Limited [2013] EWHC 1687 (Comm), which concerned a claim by a plaintiff policyholder arising from Aviva’s avoidance of the policy following a property fire. Nick and Graham successfully resisted Mr Bate’s appeal before the Court of Appeal; Bate v Aviva Insurance (UK) Limited [2014] EWCA Civ. 334.

Nick regularly acts on behalf of property and commercial insurers in subrogated claims. In addition to his trial experience, Nick is regularly instructed by insurers to advise on, and appear in, interlocutory applications and ancillary litigation as part of a team of counsel.

Construction & Engineering
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Nick is regularly instructed in claims by and against construction professionals (including architects, main contractors and specialist sub-contractors) and construction disputes more generally. Nick is keen to further develop this area of his practice. Nick has experience of acting on behalf of both claimants and defendants.

Nick’s recent cases include:

  • Acting (with Graham Eklund QC and Rick Liddell) for specialist electrical contractors in substantial multi-party litigation arising from an oil spill at London commercial premises.
  • Advising and defending specialist sub-contractors in a claim arising from alleged defects in the design and fitting out of a food manufacturing plant.
  • Advising both plaintiffs and defendants in a number of claims by homeowners against their architects, main contractors, building sub-contractors and surveyors. These involve claims arising from damage caused by rising damp, dry rot and defective works (including defective flooring and roofing works).
  • Advising both plaintiffs and defendants in a number of claims against specialist contractors, architects and project managers arising from defective works carried out to investment and commercial properties.
  • Advising in multi-party litigation arising from defective base build and fit out works.
  • Acting on behalf of a firm of architects at first instance and on appeal in an action for the recovery of professional fees claimed against a former professional client.
  • Advising in  claims against a firm of engineers following damage to property caused by the defective installation of a domestic boiler.

Nick is a contributor to the TECBAR Review. He has recently co-authored an article with Anneliese Day QC addressing the implications of the High Court decision in Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC), which was published in the Summer 2013 edition of the TECBAR Review. Nick has also written a case note on Elvanite, which can be found here.

Sports Law
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A keen sportsman and Southampton FC fan, Nick has a developing sports practice and has appeared for both athletes and governing bodies in a range of regulatory and disciplinary matters both on his own and alongside other members of Chambers’ successful sports team. Nick also appears in commercial disputes arising from sporting matters. Nick’s recent and current cases include:

  • Successfully representing the International Association of Athletics Federation (“IAAF”) with Rick Liddell in the Court of Arbitration for Sport prior to the 2012 Olympic Games. The IAAF successfully appealed the decision of the Doping Committee of the Hungarian National Anti-Doping Organisation, which had exonerated the Hungarian discus thrower Zoltan Kovago from any sanction; Lausanne, 26 July 2012.
  • Advising the British Horse Racing Authority in relation to charges against jockeys, owners and third parties.
  • Assisting the British Horseracing Racing Authority draft internal guidelines and policies.
  • Advising a footballer at a Premier League club as to his right of appeal under the FA guidelines following a positive doping test.
  • Advising a former international RFU player on issues of conflict of laws and jurisdiction arising from the terms of his agency agreement.
  • Advising and assisting in the preparation and presentation of various doping cases on behalf of Rugby League and Rugby Union players.
  • Advising and assisting in the preparation and presentation of disciplinary and investigative hearings for and on behalf of the Motor Sports Association.
  • Defending the British Glider Association from a substantial claim by the owner of a glider arising from repair works carried out by an authorised repairer.
  • Acting with Graham Eklund QC to defend the Motor Sports Association and other karting clubs from a substantial personal injury claim brought by a former marshal purportedly injured during the course of a race.

Nick and Rick Liddell are contributors to the Westlaw UK Insight subscription service, co-authoring the entry “Betting on Horseracing”. Nick is also a contributor to Law in Sport and has recently co-authored an article with Hamid Khanbhai discussing whether there is a need for global reform in horseracing following the British Horse Racing Authority’s landmark decision in Al Zarooni. A copy of the article can be found online here.

As a pupil Nick assisted Patrick Lawrence QC and Can Yeginsu in proceedings against the jockey Kieron Fallon immediately before the Epson Derby in 2011, both in the High Court and subsequently in the Court of Appeal. Nick has written an article which considers the implications of the Court of Appeal’s judgment in Araci v Fallon [2011] EWCA Civ. 668, a copy of which can be found here.

Qualifications & Memberships

B.A. (Oxon).

VAT registration number: 124825030