Photo of Nigel Dougherty

Nigel Dougherty

Call: 1993

Nigel is a highly regarded senior junior. He is particularly sought-after in complex corporate and commercial litigation, often involving an international element.

His main areas of practice are company and corporate insolvency advice and litigation. In particular, minority shareholder disputes, directors’ duties, takeovers and mergers, directors’ service contracts, shareholder agreements and business/share acquisition agreements and claims.

He has extensive experience of general Commercial Law particularly banking and sale of goods; and professional negligence – in particular, involving solicitors and accountants/auditors.

Sound and in control on every case.

Chambers and Partners

Litigation & Arbitration

  • Shareholder disputes
  • Joint venture disputes
  • Commercial disputes
  • Fraud and asset recovery
  • Professional negligence
  • Fiduciary obligations
  • Warranty claims
  • Interim remedies

JKX Oil & Gas Plc v Eclairs Group Ltd [2015] UKSC 71
Acted for successful party in relation to the leading Supreme Court judgment 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.

Barclays Bank plc v Nylon Capital LLP Ref: [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 Ref: [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 Ref: [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 as a defence to a claim in England.

FanmailUK.com Limited v Robert Cooper Ref: (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 Ref: [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 Ref: [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 Ref: [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 misappropiation of businesses and the question of an alleged knowing assister’s liability to account for profits made by another.

BWE International Ltd v. Jones Ref: [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 Ref: [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 Ref: [2004] 2 BCLC 662 (Court of Appeal)
Acted on asuccessfull 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 Ref: [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 Ref: [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
Ref: [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 Ref: [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 Ref: [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 Ref: [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 Ref: [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 Ref: [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.

Corporate

  • Capital reorganisations
  • M&A
  • Takeovers
  • Schemes of arrangement
  • Reductions of capital
  • Corporate governance
  • Shareholders’ rights
  • Meetings and resolutions
  • Part VII FSMA transfers
  • Directors’ disqualification

JKX Oil & Gas Plc v Eclairs Group Ltd (2014)
Acted for successful party in relation to the leading Supreme Court judgment 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.

Kiani v Cooper Ref: [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.

FanmailUK.com Limited v Robert Cooper Ref: (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 Ref: [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.

Ultraframe (UK) Limited v. Fielding Ref: [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 misappropiation of businesses and the question of an alleged knowing assister’s liability to account for profits made by another.

BWE International Ltd v. Jones Ref: [2004] 1 BCLC 406 (Court of Appeal)
Acted for the successful appellant on an appeal concerning the proper construction of pre-emption articles.

Scotto v. Petch: Re Sedgefield Steeplechase Company (1927) Limited
Ref: [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.

Platt v. Platt Ref: [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.

Restructuring & Insolvency

  • Contentious insolvency
  • Cross-border issues
  • Winding up
  • Administration
  • Receivership
  • CVAs
  • Directors’ disqualification

Re Hycarbex-Asia (2014)
Cross-border insolvency litigation. Application by the Singaporean liquidators of Hycarbex-Asia for UK recognition of Singaporean liquidation proceedings as a means of achieving a stay of pending ICC arbitration proceedings.

Sutton v. GE Capital Finance Limited Ref: [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.

Re Pimlico Capital Limited Ref: [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.

Tam Wing Cheun v. Bank of Credit and Commerce Hong Kong Ltd Ref: [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.

Memberships & Publications

Chancery Bar Association

COMBAR

Contributor to “Company Directors: Law and Liability” (1998)
Author (with Anne Fairpo) of “Company Acquisition of Own Shares” (6th ed).

Recognition

 Ranked in Legal 500 (Commercial Litigation, Company and Insolvency); Ranked in Chambers and Partners (Company)

‘Never shies from giving unequivocal advice; clients always know where they stand.’

‘He is well respected in court and deploys very sound tactical foresight.’

‘Liked for his no-nonsense approach.’

‘He is hardworking, very bright and picks up commercial sensitivities at top speed.’

‘An expert in his field; calm, unflappable and in command of the facts.’

“Very hands-on, practical and helpful.” “Robust and straightforward in his advice.”

‘Very thorough, quick to respond and clear; a particularly able advocate.’

‘Quick to see the commercial value in a case and the sensible commercial solution.’

‘Firm and to the point.’

Ranked in

Chambers & Partners –
Company

Legal 500 –
Company & Partnership, Insolvency, Commercial Litigation