Profile
Nicholas was Junior Counsel to the Crown ("A" Panel) from 1999 until 2010 and has represented and advised the Crown and the Attorney General in a wide variety of cases. Nicholas was appointed Q.C. in 2011.
He is recommended in Chambers and Partners 2011 and Legal 500 2010.
He undertakes a wide range of traditional chancery and intellectual property work. He has particular experience in:
• property law
• corporate and personal insolvency
• public interest winding up
• directors’ disqualification
• charities
• designs and copyright
• confidential information
• entertainment law
Nicholas has been involved in a number of successful mediations - both as mediator and as one of the parties.
Nicholas contributes to several leading legal textbooks-
• Joint Editor - Williams Mortimer & Sunnucks on Executors, Administrators and Probate.
• Specialist editor (industrial designs) - Copinger & Skone James on Copyright
He is a member of the President's Working Group on the non-contentious probate rules.
Nicholas also frequently teaches on subjects within his areas of expertise. He has taught land law at his old college (St Edmund Hall, Oxford) and contract and tort at Oxford Brookes University. He has also taught IP law to trainee trade mark and patent attorneys at courses run by ITMA and by Queen Mary College, University of London.
He is also a regular speaker at lectures and seminars included those run by Hogarth Chambers and at training events given "in house" at various solicitors' firms.
Cases
Alkin v (1) Raymond and (2) Whelan [2010] WTLR 1117 - High Court proceedings dealing with the basis on which the court will order the removal of executor/trustees on the application of beneficiaries.
Child Maintenance and Enforcement Commission v (1) Beesley and (2) Whyman [2010] EWCA Civ. 1344 - An important Court of Appeal decision on the treatment of arrears of child maintenance in insolvency situation.
Official Receiver v Mitterfellner (2009) B.P.I.R. 1075 - bankruptcy; jurisdiction; the meaning of 'centre of main interests'.
Secretary of State for Trust and Insolvency v Hollier (2007) BCC 11 – test for de facto directorship in disqualification proceeding
Nelson Dance Family Settlement v HMRC [2008] WTLR 891- availability of business property relief.
C Plc v P [2006] Ch 549 – privilege against self-incrimination in the context of search orders. See also O Ltd v Z [2005] EWCH 238
Department of Environment v Feakins (2007) BCC 54 – transactions defrauding creditors under s. 423 Insolvency Act 1986
Re Huddersfield Fine Worsteds Ltd [2005] 4 All ER 886 – administrator’s liability in relation to employees
Colin Dawson Windows v Kings Lynn & West Norfolk Borough Council [2005] 2 P & CR 19 – adverse possession
Scottish Windows Plc v Tripipatkul (2004) BCC 200 – liability of a surety under a lease
P & S Platt Ltd v Crouch [2004] 1 P & CR 18 – easements and S.62 Law of Property Act 1925
Green v Lord Somerleyton [2004] 1 P & CR 33 – rights of drainage, nuisance by flooding
Malory Enterprises Ltd v Cheshire Homes [2002] Ch 216 – registration of land, forged transfers, overriding interests
Attorney General v Times Newspapers Ltd [2001] 1 WLR 885 – terms of undertaking in confidential information cases
Hale v Norfolk County Council [2001] Ch 717 – dedication of land to highway
Badfinger Music v Evans [2002] EMLR 2 – equitable right of remuneration for a defaulting fiduciary
Appointments
Junior Counsel to the Crown ("A" Panel) from 1999 until 2010
Directory & testimonial Quotes
Chambers Global 2012: Dispute Resolution
Nicholas is commended for his "strong ability, excellent presentation and superb judgement". Commentators assert that "there is little he doesn't know about insolvency law."
Chambers & Partners 2011
"Measured and comprehensive...his practice has a long reach."
Membership
Chancery Bar Association
Intellectual Property Bar Association
Door tenant, Octogon House Cambers, Norwich
Qualifications and Regulations
Qualifications
M.A. Jurisprudence (Oxon)
B.C.L. (Oxon)
Regulation
Nick is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 21493)
He
has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/014). Please refer to the
BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Human interest
Nicholas is married with two children and lives in Hampshire.
He is a keen rugby player and horse rider. He also plays cricket (badly).