Nicholas Trompeter

2006

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Nicholas Trompeter
020 7420 9500

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Chambers & Partners 2019Legal 500 2019

Nick is recommended in Chambers & Partners and Legal 500 in three practice areas: (1) Real Estate / Property Litigation; (2) Commercial Chancery Litigation; and (3) Professional Negligence. Nick is the co-author of Warwick & Trompeter, Break Clauses, (2nd Edition, Jordans 2016) and is appointed to the Attorney-General’s B Panel of Counsel. He has been nominated as ‘Real Estate’ junior barrister of the year in The Legal 500 Awards 2019.

Nick has been recognised as a leading junior barrister in the legal directories continuously since 2013. In the most recent edition of Chambers & Partners (2019), Nick is described as: “A very beguiling advocate who is plainly extremely intelligent. He is headed for the top”; with a “wonderfully calm manner in court” and able to draft “excellent” advice and pleadings; “very responsive and user-friendly, and is an authoritative voice on break clauses”; he has “strong expertise in landlord and tenant work and real estate more generally” giving an “excellent grounding in professional negligence disputes in the property sector”; he is a “bright junior whose practice includes civil fraud, property and insolvency litigation” who is praised for “his advocacy” and “ability to think outside the box”; also “a really excellent, bold junior”; “applauded for his clear and concise advice”; a barrister who handles “top-level property work as part of a wider commercial chancery practice that is heavy on professional liability and asset recovery work.”

In the most recent edition of the Legal 500 (2018), Nick is also recognised as a “continually rising star in the property litigation world” and being “good with clients and experts.”

Nick’s practice has focus on the following:

Landlord & Tenant: Nick acts both for landlords and tenants in opposed and unopposed lease renewals; claims for forfeiture, trespass, nuisance; interim and terminal dilapidations claims; claims regarding the exercise of break clauses; claims relating to breaches / enforceability of leasehold covenants; service charge disputes; disputes concerning liability for national non-domestic (business) rates; rent reviews; disputes about the validity of property notices; and all other types of landlord and tenant dispute.

Real Property: Nick deals with all kinds of real property claims, including those involving questions of Land Registration, adverse possession, restrictive covenants, overage agreements, easements, profits a prendre, options, rights of first refusal, trusts of land, subrogation to security rights, rectification claims, and so on. He is frequently instructed on behalf of banks, institutional lenders and finance companies to advise on the validity and priority of mortgages and charges.

Civil Fraud: Nick has acted for and against a large number of clients in claims involving allegations of dishonesty. He has been instructed in: claims involving unlawful means conspiracy; numerous cases concerning allegations of ‘sham’ documents; numerous cases for the recovery of misappropriated funds; and professional liability claims arising out of mortgage / identity frauds and other types of dishonest transactions.

Commercial: Nick has experience of a broad range of commercial disputes, including matters involving claims on guarantees / indemnities, letters of credit, the sale of goods and transfer of title, the supply of services, bailment, and the proper construction and effect of contractual terms and conditions and compromise agreements. He has dealt with a number of claims involving commercial agents / claims for the recovery of agency fees.

Professional Negligence: Nick undertakes both claimant and defendant work for a range of clients in connection with professional liability claims relating to his core practice areas. Instructions have included: claims against solicitors arising out of negligent drafting of a lease, negligent advice in connection with the validity of a will, negligence in failing to protect a tenant’s rights under the 1954 Act etc; claims against surveyors for negligent (and dishonest) valuations; and negligence claims against other professionals including architects, accountants, auditors, and financial advisers.

Insolvency: Nick frequently acts for creditors and debtors, in the fields of corporate and personal insolvency. He is often instructed on behalf of the Secretary of State for Business, Innovation and Skills in (i) directors disqualification proceedings and (ii) public interest winding up petitions. He has been involved in a number of applications for the transfer of offices from a former insolvency practitioner to a new insolvency practitioner; and has significant experience in claims involving transactions at undervalue / preferences / transactions defrauding creditors. Other instructions include claims for the recovery of rent (and other sums) as an expense of administration; and challenges to the fees and expenses of insolvency practitioners.

Company and Partnership Disputes: Nick has acted for and advised clients in connection with various company and partnership matters, including: disputes arising from the dissolution of partnerships; claims for the protection of minority shareholders; disputes concerning the construction of Articles of Association; and challenges to business transacted at company meetings.

Arbitration: Nick is a Fellow of the Chartered Institute of Arbitrators. He has significant arbitration experience, in particular, in rent review and partnership arbitrations. He has been instructed on a variety of arbitration claims in the High Court (including for the appointment of an arbitrator / appealing against an arbitration award).

Other: Nick has previously acted as a judicial assistant to Justice Melzer in the Supreme Court of Israel in Jerusalem. During this time, Nick was involved in researching complex points of law and drafting memoranda in respect of many high profile and high value commercial disputes.

 

Please see Nicholas’ Privacy Notice here.

Notable cases

Sackville UK Property Select II (GP) No.1 Ltd v Robertson Taylor Insurance Brokers Ltd [2018] EWHC 122 (Ch). Question whether a tenant’s break notice, served by an equitable assignee during the ‘registration gap,’ was valid. The Court held that it was not.

Rossendale BC v Hurstwood (A) Ltd [2017] EWHC (Ch). A ‘test’ case concerning the efficacy of schemes for the mitigation of national non-domestic rates. Involved consideration of the ‘Ramsay’ principle of construction, issues of sham transactions, and the doctrine of ‘piercing the corporate veil.’

NRAM Plc v Evans [2018] 1 WLR 639
An appeal concerning rectification of the register and the meaning of ‘mistake’ in Schedule 4 to the Land Registration Act 2002. Whether the registration of a voidable transaction before it is avoided can be categorised as a ‘mistake.’ Instructed on behalf of the Chief Land Registrar.

Secretary of State v Khan [2017] EWHC 288 (Ch)
Directors disqualification application based upon a director having caused or permitted a company to trade to the detriment of HMRC. Instructed on behalf of the Secretary of State.

LSREF III Wight Ltd v Gateley LLP [2016] PNLR 21
Claim against solicitors arising out of the negligent drafting of a long lease. Raised questions of calculation of loss (on SAAMCO principles) and the extent of the ‘duty’ to mitigate.

Chief Land Registrar v Caffrey & Co [2016] PNLR 23
Instructed on behalf of the Chief Land Registrar in connection with a subrogated claim against solicitors arising out of a fraudulent conveyancing transaction.

Theodossiades v Smith [2015] EWCA Civ 581
Claim to discharge a restrictive covenant pursuant to Section 610 of the Housing Act 1985. Whether the demolition of a large dwelling-house, and the construction of a block of flats in its place, is apt to constitute a ‘conversion’ of the premises in question.

Capital for Enterprise Fund A LP & Anr v Bibby Financial Services Ltd [2015] EWHC 2593 (Ch) (HHJ Pelling QC)
Claim for damages based on an unlawful means conspiracy. Clarifies the law (at least up to High Court level) regarding the necessary state of knowledge on the part of the conspirators in order to make them liable for the tort

Johnson v Hibberts LLP (Unreported, 19 February 2014) ChD (Mr John Jarvis Q.C.)
Successful claim by disappointed beneficiary against a firm of solicitors. Liability based on White v Jones principles.

Street v Larkins [2013] EWHC 1408 (Ch)
Application for a freezing injunction; application for costs thrown away by a refusal to agree to an adjournment of a trial.

City of Westminster v Addbins Ltd & Ors [2012] EWHC 3716 (QB)
Committal application. Case considers the mens rea necessary to found a contempt of Court and the position of a director of a company bound by a Court order.

Fanfare Properties Ltd v Grafton Estate No.2LP (Nominee One) Ltd  [2012] EWHC 2918 (Ch)
Case concerning a multi-million pound development in Mayfair. Consideration whether certain works intended to be carried out would constitute a trespass on or over the claimants’ land.

London Trocadero Ltd v Family Leisure Holdings Ltd [2012] EWCA Civ 1037
Court of Appeal had to consider, inter alia, the circumstances in which a person not in possession of goods might nonetheless be guilty of converting them to his use.

Stupples v Stupples & Co [2012] EWHC 1226 (Ch)
Principal issue concerned the circumstances in which an agent/fiduciary might forfeit his entitlement to professional fees and/or be stripped of his professional fees already paid.

DeVere v Hither Green Developments Ltd [2011] EWHC 644 (QB)
Appeared for the successful respondent to an appeal brought by the appellant against a judgment entered against him in default of having filed a defence. The case involved a number of points relating to service of the Claim Form under CPR Part 6 and a novel application of the principle identified by the Court of Appeal in Nelson v Clearsprings Ltd [2007] 1 WLR 962.

Institute of Chartered Accountants in England and Wales v Webb [2010] Bus LR D37
Application for the transfer of offices from a former insolvency practitioner to a new insolvency practitioner; factors the Court should bear in mind when considering which new insolvency practitioner should be appointed; where an intended insolvency practitioner is allied to, or the choice of a creditor; the relevance of the cost and expense of the intended insolvency practitioner.

Kurtha v Marks [2008] EWHC 336 (QB)
Recovery of lost / stolen art; claim in conversion; application of ss.2 – 4 of the Limitation Act 1980.

Recommendations

  • Band 3 in Chancery: Commercial Litigation (Chambers & Partners 2019)
  • Band 3 in Real Estate Litigation (Chambers & Partners 2019)
  • Band 4 in Professional Negligence (Chambers & Partners 2019)
  • Band 2 in Property Litigation (Legal 500 2018)
  • Band 4 in Professional Negligence (Legal 500 2018)

In previous editions of Chambers & Partners (2013 – 2018), Nick has been described as: “very quick at dealing with things”; “client-friendly, solicitor-friendly, bright and hard-working”; “very detailed and the sort of person that you’d want on your team”; a “top-choice” junior; “making waves in the commercial chancery market”; “one to watch” and for whom “nothing is too complex”; “extremely user-friendly, incredibly bright and personable”; “highly responsive and capable of devising creative solutions”; someone who offers “great client service”; a “dynamic junior with a flourishing reputation“; “very intelligent“; “insightful, responsive, and great to work with”; having a “wide interest in commercial chancery matters” with “expertise in matters which raise landlord and tenant issues”;  a “very good team player” who will “bend over backwards to do a good job”; “A bright junior whose practice includes civil fraud, property and insolvency litigation”; “He handles top-level property work as part of a wider commercial chancery practice that is heavy on professional liability and asset recovery work.” The editors say: “Sources praise him for his advocacy and his ‘ability to think outside the box.'”; “Very, very clever indeed and provides strong analysis”; “He’s good at distilling the key points and making it user-friendly for all involved”; “Applauded for his clear and concise advice”; “He is very responsive, commercially astute and highly personable. Knowledgeable on his subject matter, he is able to cut through to the key issues in a case.”

In previous editions of the Legal 500 (2014 – 2018) he has been referred to as: “Very responsive and proactive, willing to get stuck into a case”; a barrister with “impressive advocacy skills and good rapport with clients”; “highly regarded and very astute”; and as someone who “gives clear, client-friendly advice”; “practical and very knowledgeable counsel” and an “excellent advocate – very calm and considered and a pleasure to work with”; “very intelligent, hardworking, insightful and responsive and a strong advocate”; having “great tactical astuteness”; “he sees the narrow and the big picture.”

Memberships

  • Property Bar Association
  • Chancery Bar Association
  • Professional Negligence Bar Association
  • FCIArb
  • Accepts instructions under the Bar Public Access Scheme

Education

  • MA (Oxon)
  • GDL, City University (Distinction)
  • BVC, ICSL (Outstanding, third in year)
  • College Scholarship, New College, Oxford
  • Barstow Law Scholarship, ICSL
  • Du Cann Memorial Prize for advocacy, ICSL
  • Wilfred Watson Award, Gray’s Inn

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