Nicholas specialises in commercial and chancery litigation in the High Court, County Court and First-Tier Tribunal (Property Chamber). He is experienced in a multiplicity of forums, from litigation to arbitration and mediation. He is sought after by clients for his commercial approach, eye for detail and willingness to go the extra mile to get them the best results.
Nicholas holds a Diploma in International Arbitration and is a Member of the Chartered Institute of Arbitrators. He was a special contributor to Datuk Sundra Rajoo’s Law, Practice and Procedure of Arbitration (2nd Ed). He has experience of international arbitration and related court proceedings in England & Wales and Singapore and Malaysia, including:
- Assisting a government-linked company in commencing a £100m construction arbitration involving issues of EOTs, variation orders and collateral contracts.
- SIAC arbitration between Indian and Singaporean parties in a dispute over the performance of a share purchase agreement, the defence being illegality under Indian law/public policy.
- A High Court appeal on the interplay between the stay provisions of the Arbitration Act 1996 and insolvency proceedings.
- Drafted submissions and witness statements in an application for the ad hoc admission of a Queen’s Counsel in an application to set aside an arbitration award in a power plant construction claim worth over US$500m – Re Landau, Toby Thomas QC  SGHC 258.
Nicholas has a broad commercial practice, ranging from breaches of contract, banking and finance disputes, to unfair prejudice petitions. He has particular experience of injunctive relief and committal, is frequently instructed to seek or oppose freezing injunctions. Representative work includes:
- An appeal to the High Court against a costs order relating to a committal application for the alleged breach of a mandatory injunction which did not fix a time for compliance – Tonna v Katerji  11 WLUK 489
- Opposition to the jurisdiction of the High Court to hear a trade mark / passing off claim against a Bangladeshi cargo company (led by Ajmalul Hossain QC) – Easygroup Ltd v Easy Fly Express Ltd  EWHC 3155 (Ch)
- Represented the executive committee of a charity in a dispute over the constitution, as well as a related committal application for the breach of an injunction – Bal v Singh  EWHC 119 (Ch)
- Represented the Defendant in a $1m international fraud claim – Kahlbetzer v VFX Financial Plc  8 WLUK 275
- Instructed on behalf of multiple defendants in a £700,000 High Court claim by an online casino for misuse of confidential information.
- Assisted in an appeal the Singaporean Court of Appeal on the tort of unlawful means conspiracy, piercing the corporate veil and inducing breach of contract – Simgood Pte Ltd v MLC Barging Pte Ltd  SGCA 46.
- Assisted in an appeal to the Malaysian Federal Court over the termination of an agreement to log several hundred thousand acres of land dating in the 1970s – Syarikat Kemajuan Timbermine Sdn Bhd v Kerajaan Negeri Kelantan Darul Naim  3 MLJ 609.
- Assisted in a guarantee dispute involving director fraud in the Malaysian High Court and Court of Appeal – Barclays Bank Plc v Malaysian Sea Best Sdn Bhd & Anor  3 MLJ 609.
Nicholas is frequently instructed to present winding up and bankruptcy petitions, to appear in applications to set aside statutory demands and annul bankruptcy orders.
Landlord and Tenant
Landlord and Tenant: Nicholas has appeared in many trials in commercial and residential disputes, including disrepair and dilapidations, possession, service charge disputes and forfeiture. He represented a charity seeking relief from forfeiture and a claim for conversion, when a forfeiting landlord seized all the charities property.
Nicholas’ practice covers a wide range of property disputes, from beneficial ownership
disputes to boundaries, easements, adverse possession and trespass. Representative work includes:
- Obtained an urgent injunction in the High Court on behalf of a luxury hotel in Manchester, ordering the freeholder to repair the water supply system.
- Sole counsel for the claimant in a multi-track trial concerning the conversion of goods and loss of profits arising out of the forfeiture of a commercial lease.
- Instructed as sole counsel by a Local Authority in an appeal to the High Court against the decision of the Valuation Tribunal for England & Wales.
- Advised on basement extensions in central London.