Deepak Nambisan
Call Date
1998
Practice Areas
Deepak has a substantial commercial practice, specialising in:
- Civil fraud, bribery and deceit claims, including asset tracing and freezing injunctions
- Commercial litigation
- Arbitration & ADR
- Banking & finance
- Insurance & reinsurance, including D&O insurance
- Professional negligence
- Law Society, financial services and City regulatory work & disciplinary work
- Administrative & public law in the regulatory and financial services fields
- Aviation
- Employment law with a commercial dimension
- Commercial disputes in the sports and entertainment industries
Recommendations (Practitioners' Guides)
The Legal 500 (2003 -)
Chambers & Partners (2006-)
Legal Week "Star at the Bar" (2007)
Chambers Global Guide (2007 -)
Legal Experts (2003 -)
Deepak is recommended in the following fields:
- Civil fraud
- Commercial litigation and dispute resolution
- Banking and finance
- Aviation
Comments about Deepak in the legal directories in recent years include:
- "sources praise him for his "dynamism and drive""
- "praise abounds for his "diligence and commitment""
- "pegged for future stardom"
- "clever and commercially aware"
- "continues to win plaudits for his effective work"
- "clever and capable"
- "lauded for his "sensible and dedicated" approach to his work"
- "fast making a name for himself"
- "rapidly ascending the litigation ladder"
Education
LLM Harvard (1997)
BCL Oxford (1996)
BA (Hons) Law Cambridge (1995)
Prizes & Scholarships
Gray’s Inn Prince of Wales Scholarship
Fulbright Scholarship
British Academy Scholarship
Christ’s College BA Scholarship
Christ’s College Scholar
English Speaking Union BASS Scholarship
Appointments
Junior Counsel to the Crown (B Panel)
Other Qualifications
Member of the New York Bar
Professional Experience
Deepak is recommended as a leading commercial barrister in The Legal 500, Chambers & Partners, Chambers Global Guide and Legal Experts. In 2007 he was listed by Legal Week as one of its "Stars at the Bar".
Deepak has acted in a number of the major commercial disputes of recent times, including Tajik Aluminium v Ermatov, AWG v Morrison, BAA v Ryanair, EIRC v Curzon and the Codelco litigation. He regularly appears as an advocate before the High Court, Court of Appeal and other tribunals and is equally comfortable acting as sole Counsel or as part of a larger team of barristers. He spent 6 months on secondment to a leading City law firm at the beginning of his career and understands the demands placed on solicitors and the need for all members of a team, no matter how large or how small, to work together closely at all times. He is always contactable, no matter how minor the query. Deepak aims to provide intelligent, robust and (most importantly) commercial solutions to his clients’ problems. He encourages and welcomes all feedback, whether given to him directly or to his clerks.
Deepak is the co-author of Paolini & Nambisan on Directors' and Officers' Liability Insurance (2008, Informa). The book is the first attempt to examine the duties owed by company directors and to match them against the coverage provided by D&O insurance policies, a topic of central relevance in light of the sub-prime market collapse and resulting credit crunch. Deepak is also the co-author of the chapter dealing with the liability of company directors in Simpson, Professional Negligence & Liability (2005-), described by the Professional Negligence Law Review as "a true rival to Jackson & Powell". In 2007-8 Deepak acted as legal advisor to the BBC1 drama series, Mistresses.
Recent Practice
The following is a summary only. Please do not hesitate to contact Deepak or his clerks if you would like further details about any areas of his practice.
Civil Fraud:
Deepak is recommended as a Leading Junior in this field in The Legal 500, Chambers & Partners and Legal Experts. He has particular expertise in deceit, bribery, jurisdictional, constructive trust and restitution issues, as well as in international asset tracing litigation and obtaining freezing injunctions.
Deepak is currently acting as first junior Counsel for the claimant in Tajik Aluminium Plant v Ermatov & Others, a US$485m fraud claim concerning bribery and the supply of raw materials to an aluminium smelting company in Tajikistan (2006-). He appeared before the Court of Appeal, successfully opposing an appeal against an order requiring disclosure of the identity of a third party in the context of bribery allegations [2008] EWCA Civ 54 (with Murray Rosen QC).
Deepak is currently advising foreign shareholders in a Russian joint venture in a US$330m conspiracy, fraud and restitution claim involving complex questions of Russian law and jurisdiction.
In 2008 Deepak acted for Resolute, managers of the run-off of the liabilities reinsured by Equitas, in a fraudulent misrepresentation claim concerning a commutation agreement.
In 2004-6 Deepak acted for the Second Defendant in a £130m fraud claim brought by Anglian Water plc following its September 2000 acquisition of Morrison Construction plc, Scotland's largest construction firm (with Philip Marshall QC). The claim was one of The Lawyer magazine’s Top 10 trials of 2006. Deepak also appeared before the Court of Appeal in the Defendants’ successful application to have the original trial judge recuse himself on the grounds of apparent bias: [2006] EWCA Civ 6, overturning [2005] EWHC 2786 (Ch).
Deepak acted for the Law Society in recovering over £1m of monies from offshore accounts fraudulently diverted from a solicitor’s client account (2002-5, with Timothy Dutton QC). Other notable cases have involved Deepak acting for a former police interpreter in a claim brought by the Metropolitan Police Authority to recover over £250,000 in fees alleged to have been billed fraudulently, the claim settling at mediation. Deepak also acted for JP Morgan in a fraud claim surrounding a private placement of shares in a European telecommunications start-up company (2000-3, with John Nicholls) and represented a Swiss multinational company in a £22m deceit claim (2002-3, with Philip Brook Smith QC). He acted for the Democratic Government of the Republic of Chile and the world’s largest copper producer, Codelco, in connection with US$170 million losses in copper and bullion futures trading on the London Metal Exchange, involving proceedings in London, Bermuda, Cayman, Guernsey and Florida (2000-1, with Ian Geering QC and Tony de Garr Robinson).
Commercial Litigation:
Deepak is recommended as a Leading Junior in this field in Chambers & Partners and the Chambers Global Guide. He has advised on and acted in a wide variety of commercial disputes of varying sizes and nature in County Court, High Court and Court of Appeal proceedings and has considerable trial experience (both as sole and junior Counsel – full details available upon request).
In 2007 Deepak acted for a high street bank in a high profile sponsorship dispute with the organisers of an international awards event.
In 2006 he has advised a London Borough Council in its dispute with a care provider threatening to withdraw care services from 300 vulnerable adults (with Charles Béar QC), advised a major multinational on the prospects of rectifying a share purchase agreement for mistake (with Anthony Boswood QC) and advised a US venture capital firm on the prospects of obtaining an injunction restraining a counterparty from exercising a call option under a share purchase agreement (with Anthony Boswood QC).
In 2005 he appeared, with Anthony Boswood QC, in Havelaar & Ors v Amey plc [2005] EWHC 1330 (Ch), a £35m dispute about the operability of a formula for calculating the consideration payable on exercise of a put option in a share purchase agreement. Deepak acted for boxing promoter Frank Warren in the trial of a contractual dispute with former WBO World Heavyweight Champion Herbie Hide, for leading UK publishers of novelty books in the trial of a dispute with Hong Kong based printers involving detailed expert evidence on technical printing standards and international trade custom and for the successful Defendants in Gill v Dhillon & ors [2003] All E.R. (D) 336 (May). In 2003 he acted as sole Counsel for the Dutch-Korean joint venture LG Philips in a multi-million pound dispute relating to contractual obligations arising out of the closure of various factories.
Arbitration:
Deepak has considerable experience of substantial domestic and international commercial arbitration under all the principal rules and regimes, including ICC and LCIA. Full details of Deepak's practice are available from his clerks.
Banking, Finance & Financial Services:
Deepak is recommended as a Leading Junior in this field in The Legal 500 and Legal Experts. In the banking field Deepak has acted in a very wide range of cases both for and against retail and investment banks. He has been involved in disputes of all sizes and types including breach of mandate, cheque conversion, mortgage possession proceedings and the validity and enforceability of various forms of security. Full details of Deepak's practice are available on request.
Deepak advised on the enforceability of certain guarantees following novations of underlying financing agreements (2008). He also advised and acted for a US venture capital firm in relation to injunctive relief restraining a counterparty from exercising a call option under a share purchase agreement (2007).
In 2006 Deepak advised British Vita in relation to contractual and relief issues relating to an intra-group subsidiary transfer arising from British Vita’s acquisition by the private equity capital group Texas Pacific Group for £668m.
Deepak has acted for the FSA in a number of high-profile matters in recent years. In 2005-6 he acted for the FSA in disciplinary proceedings brought against various directors of one of the UK’s largest financial advisory firms (against Ali Malek QC) and in 2004-5 he acted for the FSA in disciplinary proceedings arising out of the collapse of MyTravel plc (with Charles Hollander QC). He acted for the FSA in relation to various liability issues arising out of the decision by the UK government to place Railtrack plc into administration (with Michael Brindle QC) and advised a German investment bank on the content of its UK advertising campaigns and compliance with FSMA 2000 (2002-3).
Insurance & Reinsurance:
Deepak has extensive experience in a range of insurance and reinsurance disputes and is the co-author of Paolini & Nambisan on Directors' and Officers' Liability Insurance (2008, Informa) . He represents insurers, Lloyd’s underwriters and others on a wide range of policy coverage and avoidance issues and contractual claims.
In 2008 Deepak acted for Resolute, managers of the run-off of the liabilities reinsured by Equitas, in a fraudulent misrepresentation claim concerning a commutation agreement. Also in 2008, Deepak advised a director assured in relation to questions of coverage under a D&O policy. In 2006-7 he acted for a reinsurer as sole Counsel in its multi-million pound dispute with reinsured over deductibles in respect of employers’ liability claims.
Between 2004-6 he acted as junior Counsel for reinsured in a major dispute culminating in a 3-month £170m Commercial Court asbestos exposure trial, where reinsurers sought to avoid on the basis of non-disclosure and also appeared in earlier proceedings in the Court of Appeal in the related case of European International Reinsurance Co Ltd v Curzon Insurance Ltd [2003] Lloyd’s Rep. I.R. 793 (with Michael Crane QC).
Deepak also acted for Equitas and LMCS Ltd against former Lloyd’s Names seeking to challenge the R&R settlement offer (appearing as sole Counsel in the Supreme Court Costs Office, High Court and Court of Appeal), advised a leading UK insurance company in relation to various regulatory and conflict of interest issues arising out of a proposal to provide in-house loss adjusting and project management services (with Timothy Dutton QC) and acted as sole Counsel for Nigerian insured in their successful dispute with London market insurers concerning a US$8m claim (against John Lockey).
Professional Negligence:
Deepak is the co-author (with Mark Simpson QC) of Chapter 23, on the liability of Directors & Officers in Simpson, Professional Negligence & Liability (2005, Informa). He has acted for and against a wide range of disciplines, including directors, accountants, banks, insurance brokers and solicitors. Full details of Deepak’s experience in this field are available on request.
Professional Discipline:
Deepak is able to combine the skills of a commercial lawyer with an in-depth knowledge of various regulated fields. He advises and acts both for and against a wide range of regulatory bodies, including the Law Society and the FSA (see above), enabling him to give his clients reliable, informed and objective advice.
He has acted for the Law Society in a number of disputes with solicitors, solicitors' clerks and aggrieved complainants to the Office for Supervision of Solicitors and he has particular experience of interventions (and challenges to such interventions) under the Solicitors Act 1974 and cases involving breaches of the Solicitors Accounts Rules. He acted for the Law Society in Miller v The Law Society [2002] 4 All E.R. 312 and in Egole v Law Society [2003] All E.R. (D) 378. Deepak also acts for individual solicitors and law firms in disputes with regulators – again, full details are available upon request.
Administrative & Public Law:
Deepak Nambisan has appeared regularly both for and against regulatory authorities in judicial review proceedings brought within a commercial context, such as R. (Norwich and Peterborough Building Society) v Financial Ombudsman Service [2003] 1 All E.R. (Comm) 65 (with Anthony Boswood QC). He has acted both for and against the Law Society in judicial review claims on numerous occasions, and also in other regulatory fields, for example in relation to awards of compensation for alleged endowment policy mis-selling, disciplinary sanctions and the right to an oral hearing.
Aviation:
Deepak was for a number of years recommended as a Leading Junior in this field in Chambers & Partners. He regularly acts for airlines, insurers and passengers in a wide range of aviation related matters, including Warsaw Convention disputes, ground handling and regulatory matters. He has advised in disputes with Netjets, the fractional private jet aircraft ownership company. He also acted for BAA plc and Stansted Airport in their widely publicised dispute with Ryanair in relation to fuel and aeronautical charges arising out of the use of Stansted (with Michael Crane QC). In the regulatory context, he has advised the CAA on the applicability of the Competition Act to the provision of air traffic services in the UK (with Bankim Thanki QC). Deepak has also acted in a number of trials both for and against commercial airlines and their passengers.
Employment:
Deepak has substantial experience of advising generally on all aspects of employment law with a commercial dimension. He has particular experience in cases involving City bonuses, pension entitlement disputes, unfair dismissal, redundancy, TUPE and unlawful deductions from wages and he regularly appears in the employment tribunal, acting both for and against employers. Much of Deepak's employment work is for the Government, instructed by the Treasury Solicitor.
In 2006-8 Deepak acted for a former company director in a £1.2m dispute concerning unlawful deduction from wages, whistleblowing and breach of contract claims in a 3-week tribunal claim. In 2004-7 he acted for Old Mutual plc in a multi-million pound contractual dispute with a former senior employee (with Nicholas Underhill QC and with Nigel Inglis-Jones QC): [2006] EWHC 3151 (Ch).
He advised a UK coal mining company involved in a contractual dispute with senior employees over working hours (again with Nicholas Underhill QC). He acted for a UK financial publishing firm in an unfair dismissal claim brought by an ex-employee summarily dismissed for circulating amongst colleagues various offensive files downloaded from the Internet, advised Coach, the US based luxury goods retailer, on TUPE and redundancy issues arising out of the sale of their Sloane Street and Harrods concessions and advised a Swiss multinational company on unfair dismissal claims brought as a result of the summary dismissal of UK subsidiary company employees for fraudulent activities. He is currently advising a US venture capital firm on contractual claims for bonus payments made by employees summarily dismissed for cause.
Media & Entertainment:
Deepak advises various programme-makers and production houses on copyright issues relating to the use of images, paintings and documentary film footage for use in DVD, videotape, film and television (both domestic and satellite) productions. He advised major European video distributors in a breach of copyright claim brought by the German government in relation to Leni Riefenstahl’s film of the 1934 sixth Nazi Party Congress at Nuremberg, “Triumph of the Will”.
Music:
In the music field Deepak has wide experience of claims both for and against record companies, artists, music industry agents, management companies and promoters. He advises and acts for various record companies and artists in relation to recording contract disputes, compliance with both technical and commercial aspects of record licensing agreements, royalty disputes and override royalty agreements and various other contractual disputes. He has acted for clients such as the promoters of the leading dance event "The Big Chill", a best-selling music band in a dispute with their former legal advisers over the negotiation of recording and music-publishing contracts, a boy band in a dispute with their record company and a leading UK dance music label in a contractual dispute with their platinum album best-selling artist (with David Waksman QC).
Sport:
Deepak regularly advises in matters of boxing regulation, management and promotion and has advised on various aspects of the FIFA Players’ Agents Regulations. He advised a member of the International Olympic Medical Committee in relation to a proposed appointment to a nation's Olympic Association for forthcoming Olympic Games and acted for a major UK retail bank in a £29m claim brought by a football club and in related proceedings.
Conflict of Laws & Private International Law:
Most of Deepak’s work (particularly in Civil Fraud) raises conflict of laws issues and he has broad experience of advising in relation to jurisdictional disputes, proper law and choice of law issues, service out of the jurisdiction and the registration and enforcement of judgments and arbitral awards. In particular, Deepak often acts in a wide variety of claims governed by foreign law and he has experience of Russian, Tajik, Swiss, Swedish, BVI, Chilean, German and Portuguese law. He acted for a firm of solicitors in an action to recover over £400,000 in unpaid fees from former clients resident in China, involving complex issues relating to service out of the jurisdiction and for a major UK plc which successfully resisted registration of a Spanish judgment enforcing an arbitral award.
Insolvency:
Much of Deepak’s work involves an insolvency element and he has particular experience in advising in relation to applications to set aside statutory demands, preferences, transactions at an undervalue, transactions defrauding creditors, unauthorised dispositions of company property and wrongful trading. Further details are available on request.
Mediation:
Deepak often acts as an advocate at mediations, whether prior to the commencement of proceedings or otherwise.
Publications
Directors & Officers Liability Insurance (2008, Informa), Co-author (with Dr Adolfo Paolini)
Insider Healing, The Lawyer (11 September 2006)
Chapter 23, Directors & Officers, in Simpson, Professional Negligence & Liability (2005, LLP). Co-author (with Mark Simpson QC and Dr Adolfo Paolini)
Guide to Practice in Media Law (2004, Target Law)
Human Rights and the Business Lawyer (2001, Business Law International). Co-author (with Lord Goldsmith QC, Timothy Dutton QC and Thomas Keith)
Commercial Court Procedure (2001, Sweet & Maxwell). Editor
Professional Negligence and Liability
Other Experience
General
Legal Advisor, Mistresses (BBC1, 6 x 1 hours drama (2007-8)
Member of the BVC Practitioner Advisory Group, City University (2002-)
Speaker, Freshfields Dispute Resolution Foundation Course, London (2002)
Lecturer, British Council Law Summer School, Hong Kong (2001-2)
BVC Practitioner Advocacy Trainer, College of Law, London (2002)
Visiting Barrister, Herbert Smith, London (1999-2000)
New York State Bar Examination (1997)
Pro Bono Work
Bar Pro Bono Unit work (various)
Legal Adviser, University House Legal Advice Centre, Bethnal Green (1999-2001)
Assisted on death row appeal to Privy Council (1999)
Interests
Family, friends, travel and a losing battle to avoid Blackberry ownership.