Examples of Nigel’s litigation and arbitration work include:
MISquared Ltd v. King [2022] EWHC 331 (Comm)
Acted for directors in successfully resisting an injunction under s.44 Arbitration Act 1996 designed to prevent a refinancing pending an arbitration under a shareholders’ agreement.
UGC v. Petropavlovsk Plc [2021]
Acted for independent directors in successfully resisting an application for injunctive relief to restrain directors from acting pending a shareholder meeting.
Re AMT Coffee Limited [2020] 2 BCLC 50
Acted for successful petitioners in establishing unfairly prejudicial conduct based upon excessive remuneration and the failure to pay adequate dividends. Also succeeded in resisting any minority shareholder discount. See also [2018] EWHC 1562 (Ch) and [2019] EWHC 378 (Ch).
O’Donnell v. Vordere Plc [2019]
Acted for successful shareholder in securing injunctive relief over the conduct of a general meeting in circumstances in which recent issues of shares to particular persons were attacked as having been made for “improper purposes”.
Re LCIA Arbitration [2017 – 2019]
Acted for a minority shareholder in substantial arbitration involving a foreign company and issues of Maltese, Cypriot, Russian and English Law.
Re BC&G Care Homes Ltd [2016] BCC 615
Acted for the successful petitioner in a petition under s994 Companies Act 2006 and which was based upon his exclusion from the management of what was found to be a quasi-partnership company.
Interactive Technology Ltd v. Ferster [2016 EWHC 2896 (Ch)
Acted for the successful respondents to an unfair prejudice petition and in pursuit of connected search and freezing order applications. See also [2016] EWCA Civ 614.
JKX Oil & Gas Plc v. Eclairs Group Ltd [2015] UKSC 71; [2016] 1 BCLC 1
Acted for successful party in the leading Supreme Court authority on whether the proper purpose test for the exercise of directors’ duties applies to the operation of Part 22 of the Companies Act 2006 and disenfranchisement provisions in a public company’s articles of association.
McKillen v. Misland (Cyprus) Investment; Re Coroin Limited [2013] 2 BCLC 583; [2012] EWHC 2343 (Ch)
Acted for the company in contentious proceedings involving several luxury hotels in London. See also; [2011] EWHC 3466 (Ch); [2013] EWCA Cir 781.
Barclays Bank plc v. Nylon Capital LLP [2011] 2 Lloyd’s Rep 347
Acted for successful bank at first instance and on appeal on the proper construction of an expert determination clause.
Summer 2010: Undertook the lead advocacy role on hearing of a complicated international arbitration under LCIA Rules, involving claims for misrepresentation and breach of fiduciary duty, as well as issues of Russian, Cypriot, BVI and English law.
Kiani v. Cooper [2010] 2 BCLC 427
Acted for successful applicant in the first reported case of the Court granting permission, following a contested hearing, for a shareholder to continue a derivative claim under the Companies Act 2006.
Investment Dar Co KSCC v. Blom Development Bank SAL [2009] EWHC 3545 (Ch)
Acted for the defendant investment company in a case that established the defendant’s arguable right to rely upon a breach of Sharia law affecting its capacity as a defence to a claim in England.
FanmailUK.com Limited v. Robert Cooper [2008] BCC 877
Acted for the respondent in successfully resisting an application for permission to continue a claim as a derivative claim under the Companies Act 2006.
Irvine v. Irvine [2007] 1 BCLC 445
Acted for successful majority shareholder in establishing that a minority shareholder’s interest in a non quasi-partnership company was to be valued on a discounted basis for the purposes of an order under section 461 of the Companies Act 1985.
Re Servaccomm Redhall Ltd, Cunningham v. Secretary of State for Trade and Industry [2006] 1 BCLC 1
Acted for successful applicant on a complicated application for permission to act as a director of two companies notwithstanding the making of a disqualification order.
Ultraframe (UK) Limited v. Fielding [2005] EWHC 1638 (Ch); [2006] EWCA Civ 1133
Acted for the successful defendants in a 7-month trial involving allegations of breach of directors’ duties, the alleged misappropriation of businesses and the question of an alleged knowing assister’s liability to account for profits made by another.
BWE International Ltd v. Jones [2004] 1 BCLC 406 (Court of Appeal)
Acted for the successful appellant on an appeal concerning the proper construction of pre-emption articles.
Rose v. Lynx Express Limited [2004] 1 BCLC 455 (Court of Appeal)
Acted for the successful appellant on an appeal concerning the appropriate test for a Court to order pre-action disclosure.
Sutton v. GE Capital Finance Limted [2004] 2 BCLC 662 (Court of Appeal)
Acted on a successful appeal concerning the duties of a receiver to his appointor and the proper exercise of powers under Section 236 of the Insolvency Act 1986.
Folkes Group plc v. Alexander [2002] 2 BCLC 254
Acted for a company on the construction and effect of a resolution seeking to alter its Articles of Association.
Re Pimlico Capital Limited [2002] 2 BCLC 544
Acted for the company on a successful strike-out application concerning the entitlement of a contributory to maintain a winding-up petition in respect of a company incorporated abroad.
Scotto v. Petch; Re Sedgefield Steeplechase Company (1927) Limited
[2000] 2 BCLC 211 (Lord Hoffmann at first instance); [2001] BCC 889 (Court of Appeal)
Acted for the company at first instance and on appeal in a case concerning questions of whether the entry by shareholders into agreements concerning their shares activated pre-emption provisions in the company’s Articles of Association.
Re Howglen Limited [2001] 1 All ER 376
Acted for the successful clearing bank in responding to an application for the production of documents under the Bankers’ Books Evidence Act 1879. The case also considered the principles to be applied by the Court in ordering the production of documents by third parties under the Civil Procedure Rules.
Platt v. Platt [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal)
Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and/or non-disclosure and/or in breach of his fiduciary duty.
Vision Express (UK) Ltd v. Wilson [1998] BCC 173
Acted for successful applicant to enforce terms of a Tomlin Order involving a company’s purchase of its own shares not previously authorised in accordance with the Companies Act 1985.
Secretary of State for Trade and Industry v. Cleland [1997] BCC 473
Acted for successful second respondent in proceedings to resist the issue of directors’ disqualification proceedings out of time.
Tam Wing Cheun v. Bank of Credit and Commerce Hong Kong Ltd [1996] BCC 388
Acted for successful respondents to Privy Council appeal raising issues of insolvency set-off and the effect of a charge over a bank deposit by a depositor in respect of a company’s indebtedness.
