4 New Square Chambers Insurance Law Review – Spring 2023
Click here to download as a PDF Contributors: Alison Padfield KC, Miles…
Legal 500
“Very bright and intellectually able, and always comes up with a good solution for problems. He is also very good on his feet in court and able to change tack when circumstances demand.”
Nicholas Broomfield has a broad commercial chancery practice, with particular emphasis on commercial litigation, the law of trusts and real property, banking, financial and mortgage related disputes, insurance claims, professional negligence and civil fraud.
Nick is an experienced trial advocate with a reputation for his legal analysis. He relishes tackling complex points of law, both in writing and by way of submission, and is often instructed by solicitors, insurers and lay clients for his commercial, client-friendly, approach. Nick undertakes advisory and court work, regularly appearing in trials, appeals and arbitrations, either on his own or as a member of a larger counsel team.
Nick is described as a “go to” junior for banking, mortgage and property related work. His considerable experience is underlined by his appearance in a number of significant cases, including Scott v Southern Pacific Mortgages Limited in the Supreme Court, Mortgage Express v Lambert and Pathania v Adedeji in the Court of Appeal and Landmark Mortgages Ltd v Bamrah on appeal to the High Court. Nick is also a contributor to the 4th edition of Cousins, The Law of Mortgages.
Nick is regularly instructed to act in insurance disputes (including coverage issues, policy interpretation, non-disclosure, fraud, misrepresentation and FSMA/ICOB), recovery actions and claims following thefts and damage to property (including fires, floods and impact claims) and is ranked as Leading Junior by Chambers & Partners. Nick (led by Graham Eklund KC) recently acted for the successful insurers in Bluebon Ltd v Ageas (UK) Ltd and was instructed (led by the late Mark Cannon KC) in a significant dispute concerning coverage under a contractor’s professional indemnity policy.
Ranked as a Leading Professional Negligence Junior by Chambers & Partners and Legal 500, Nick is described as “tactically creative [with] a good awareness of what a judge will like.” and “exceptionally bright, tactically astute, very easy to work with and great with clients”. He has experience of professional liability claims in the UK, the Channel Islands and the British Virgin Islands. Nick has acted in claims against lawyers (including barristers and solicitors), trust companies and trustees, valuers and surveyors, construction professionals (including architects) and engineers, agents (commercial agents and estate agents), brokers (mortgage and insurance), financial professionals (IFAs, accountants, fund managers and auditors) and management companies.
Nick is also instructed in claims arising from breaches of trust (including claims seeking to recover trust assets). His experience includes claims against trustees in this jurisdiction and offshore, and claims concerning the recovery and preservation of trust assets.
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.
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Nick has a broad commercial chancery practice which includes the law of mortgages and real property, banking and financial matters, trust disputes (and claims against trustees) and the administration of estates. He has particular knowledge and experience of real property and mortgage related disputes, appearing for the successful parties in high profile appeals in the Court of Appeal and Supreme Court.
Nick has significant experience of disputes involving mortgages and the rights of mortgagees. He is regularly instructed by banks, building societies, private lenders, receivers and secured creditors to advise and act in cases at all levels from the County Court and First Tier Property Tribunal to the Supreme Court. Nick has appeared in a number of high profile cases, including Scott v Southern Pacific Mortgages Limited in the Supreme Court, Mortgage Express v Lambert in the Court of Appeal and Landmark Mortgages Ltd v Bamrah on appeal to the High Court, and is a contributor to the 4th edition of Cousins, The Law of Mortgages.
Examples of issues that have arisen in Nick’s recent cases include:
Featured cases
Nick acts for property owners, tenants, banks and building societies, insurers and trustees (onshore and offshore) to advise on all aspects of English property law and claims involving registered land, including:
Featured cases
Nick is frequently instructed to act on behalf of banks, building societies, financial institutions and finance houses in claims arising from secured lending (see Nick’s CV for mortgage work), contractual disputes (including claims under guarantees), financial services (including claims for breach of MCOBs) and consumer credit agreements.
Nick advises personal representatives, beneficiaries, solicitors and insurers on issues arising from the administration of estates, including:
“A rising star. Able to get to the meat of a dispute quickly and offers sound, pragmatic and commercial advice. Written work is very good as are his advocacy skills. Very good tactician and a delight to work with.” – Legal 500, 2023: Leading Insurance and Reinsurance Junior
“Excellent analysis and strategic insight. Nick’s written work is great and he is strong in court – a pleasure to work with.” – Legal 500, 2022: Leading Insurance and Reinsurance Junior
“Very bright and intellectually able, and always comes up with a good solution for problems. He is also very good on his feet in court and able to change tack when circumstances demand.” – Legal 500, 2021: Leading Insurance and Reinsurance Junior
“He is creative and good at thinking out of the box.” – Legal 500, 2020: Leading Insurance and Reinsurance Junior
Nick has a strong insurance practice and is regularly instructed in cases involving issues of coverage (policy interpretation, non-disclosure, fraud, misrepresentation and FSMA/ICOB), aggregation, and claims following thefts and damage to property (including significant fires, flooding and collision damage) and recovery actions. He has acted for clients in insurance disputes in the County Court, High Court, Court of Appeal and in arbitration, as well as appearing for insurers in contempt proceedings brought against a fraudulent insured.
Featured Insurance & Reinsurance cases
Nick also acts in subrogated claims and professional negligence disputes with underlying insurance issues. By way of example, Nick is currently instructed (led by Clare Dixon KC) in a significant claim against insurance brokers involving a number of underlying coverage issues and as sole counsel in subrogated proceedings against a landlord for breach of the insuring obligations in a commercial lease and owners of commercial premises following significant impact damage.
Nick is a contributor to British Insurance Law Association journal and regularly writes for the 4 New Square Insurance Blog.
Nick is regularly instructed on behalf of companies, individuals and insurers in claims arising from fires, flooding and water ingress, impact/collision damage, electrical damage and subsidence. His experience in the fields of insurance, real property and professional negligence are often brought to bear when considering property damage claims.
Nick also acts in subrogated claims and professional negligence disputes with underlying property damage and insurance issues. By way of example, Nick is currently instructed in subrogated proceedings against a landlord for breach of the insuring obligations in a commercial lease following water ingress and owners of commercial premises following significant impact damage.
Nick is regularly instructed in cases spanning the whole spectrum of domestic and international commercial dispute resolution. Nick has experience of cases involving:
“He is very good at identifying and addressing the core issues.” – Chambers & Partners
“Nick is tactically creative and has a good awareness of what a judge will like.” “A team player, who provides user-friendly advice and is a pleasure to work with.” – Chambers & Partners
“A rising star. Able to get to the meat of a dispute quickly and offers sound, pragmatic and commercial advice. Written work is very good as are his advocacy skills. Very good tactician and a delight to work with.” – Legal 500
“A junior who can be relied on to unpick even the most difficult of cases. His knowledge and robust advice goes down very well with clients.” – Legal 500
“Wonderfully down to earth and approachable. He provides excellent advice and takes a sensible, commercial approach.” “He is absolutely unflappable, an extremely calming presence for the clients and legal team. Thinking three to four stages into the future, he can see the chess pieces moving ahead of him.” – Chambers and Partners
“He is extremely thorough and does not miss a trick.” – Legal 500
“He is thorough in his approach whilst being commercial and practical with his advice.” – Legal 500
Nick has experience of professional liability claims both in the UK and offshore. He has acted in claims against lawyers (including barristers and solicitors), trust companies and trustees, valuers and surveyors, construction professionals (including architects) and engineers, agents (commercial agents and estate agents), brokers (mortgage and insurance), financial professionals (IFAs, accountants and auditors) and management companies.
The largest part of Nick’s professional liability practice comprises claims against lawyers and barristers. He is regularly instructed in claims against solicitors and barristers arising from both contentions and non-contentious work. By way of example, Nick has been instructed in claims arising from:
Nick has experience of acting for and against family, professional and commercial trustees (both onshore and offshore), often in claims by financial institutions against their solicitors, recovery actions and claims involving issues of real property. By way of example, Nick has been instructed:
Nick has experience of acting for claimants, defendants and insurers in claims against valuers and surveyors arising from the valuation of residential and commercial property (including property portfolios), often in mortgage-related actions. He has acted in claims ranging from high value actions by lenders against their professional advisers following the valuation of real property and development land to claims by disappointed homeowners following the purchase of their home.
Nick is regularly instructed in claims against construction professionals (including architects and project managers), often in the context of claims by freeholders and leaseholders. He has been instructed in cases ranging from high value multi-party disputes caused by construction/design defects in well-known London commercial premises to claims by dissatisfied homeowners against their builders and architects following work at their private houses.
Nick is often instructed in engineering disputes and has acted in claims in the UK and the Channel Islands on such diverse subjects as steam locomotives and domestic boilers.
Examples of Nick’s recent cases include:
Nick has acted in claims against accountants, auditors, fund managers and IFAs, both in the UK and offshore. He has been in involved in cases ranging from long-running claims against accountants in the Chancery Division of the High Court to claims by companies and individuals against their personal tax advisers.
Examples of Nick’s recent cases include:
Nick has significant experience of acting in claims against agents (including commercial agents and estate agents), receivers (including, notably, Law of Property Act receivers and the legal questions surrounding the identity of their principal), brokers (including mortgage and insurance brokers) and management companies. By way of example, Nick is currently instructed (led by Clare Dixon KC) in a significant claim against insurance brokers and several cases in which allegations are made against LPA Receivers for breach of duty.
Nick has represented clients in a number of offshore jurisdictions, including the Caribbean and the Channel Islands, in a range of commercial disputes.
Featured Offshore Litigation cases
Nick has appeared for athletes, agents, investors, national and international governing bodies and insurers in commercial, doping, regulatory, selection and disciplinary matters, both on his own and alongside other members of Chambers’ successful sports team. His cases have covered a diverse range of sports, including boxing, horseracing, football, rugby, motor racing, wrestling, athletics, gliding and cycling and he has represented clients in arbitrations, before tribunals, in court in the UK and (led by Rick Liddell KC) in the Court of Arbitration for Sport in Switzerland.
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