Fountain Court Chambers

London & Singapore

Nick DalyCall Date: 2014

Nick specialises in commercial litigation and arbitration, and is frequently instructed in high profile commercial disputes. His recent experience includes the litigation arising out of the Ingenious film partnership schemes, several cases involving large-scale CIS frauds, and the Gemini litigation. Nick has particular expertise in civil fraud and banking and finance work, and is regularly instructed both as a junior in major Commercial Court and Chancery Division cases and as sole counsel in both the High Court and County Court.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Financial services
  • Fraud: civil
  • Insurance and reinsurance
  • International arbitration
  • Professional discipline
  • Professional negligence
  • Aviation

Recent Practice

Banking & Finance

Nick has significant experience in high profile banking and finance litigation. His current and recent instructions include:

  • Rowe & Ors v Ingenious Media Holdings plc & Ors (listed in The Lawyer as one of the “Top 20 cases of 2018”): acting for UBS in claims worth over £100 million concerning advice given in relation to investments in the Ingenious film partnerships (with Richard Handyside QC and James Duffy).
  • US$ 1.5 billion claims brought by a number of financial institutions against a State and its Central Bank, including successful applications in respect of service of the proceedings involving issues of state immunity, service on process agents, and service out of the jurisdiction (with Stephen Moriarty QC).
  • Substantial LCIA arbitration proceedings worth over US$ 400 million arising out of a large-scale CIS banking fraud and the issuance of Notes, and High Court challenges under s.67 and s.68 of the Arbitration Act 1996 (with David Wolfson QC and Simon Atrill).
  • A US$ 850 million claim involving an alleged large-scale banking fraud in Russia, including a substantial application to discharge a worldwide freezing order (with Patrick Goodall QC and Simon Atrill).
  • Foreign court proceedings worth over US$ 1 billion arising out of a large-scale CIS banking fraud (with Simon Atrill).
  • Batty & Ors v Barclays: defending claims brought against Barclays under the Consumer Credit Act 1974 arising out of alleged mis-selling of timeshares (with James Duffy).
  • FSCS v Firstplus & Ors: defending a c.£15 million claim brought by the FSCS and several thousand consumers against Firstplus relating to the sale of PPI (with Timothy Dutton QC and Simon Atrill).

Civil Fraud

Nick has substantial experience of heavy-duty civil fraud disputes, often involving complex jurisdiction and applicable law issues, and the application of foreign law. His current and recent instructions include:

  • Substantial LCIA arbitration proceedings worth over US$ 400 million arising out of a large-scale CIS banking fraud and the issuance of Notes (with David Wolfson QC and Simon Atrill).
  • A US$ 850 million claim arising out of an alleged large-scale banking fraud in Russia, including a substantial application to discharge a worldwide freezing order (with Patrick Goodall QC and Simon Atrill).
  • Foreign court proceedings worth over US$ 1 billion arising out of a large-scale CIS banking fraud (with Simon Atrill).
  • A £7 million claim arising out of an alleged fraud on the Legal Aid Agency (unled).

Commercial Dispute Resolution

Nick’s practice covers a wide range of commercial disputes, including professional negligence, insurance, aviation, injunctions and jurisdiction challenges. His current and recent instructions in these areas include:

  • Wells v Cathay Investments 2 Ltd [2019] EWHC 2996 (QB): acting for the defendants in a 5-day speedy trial concerning whether the claimants were in material breach of their employment contracts and the enforceability of restrictive covenants (with Edward Levey). The defendants were successful on both issues.
  • Gemini v (1) CBRE; (2) King Sturge (listed in The Lawyer as one of the “Top 20 cases of 2016”): claim worth over £200m arising out of the alleged negligent overvaluation of a £1.2 billion commercial property portfolio (with Mark Simpson QC, Nik Yeo, Nico Leslie and Joseph Farmer).
  • Doosan Power Systems S.A. v Uniper France Power S.A.S.: application to set aside a without notice injunction to prevent a call on a performance bond (with Rosalind Phelps QC).
  • Brightside Group Ltd v Chase-Gardener: Multi-million pound dispute between a company and its former director in respect of alleged negligence and conflict of interest (with Bankim Thanki QC and James Duffy).
  • Tremain v North & Ors: c.£1 million claim relating to the alleged misappropriation of shares in a UK-based foreign exchange company (with Simon Atrill). Appeared as sole counsel in a successful strike out application.
  • £15 million breach of warranty claim by a private equity firm against two former directors of a clothing company (with John Taylor QC).
  • The Khan Partnership v Al-Shanfari & Al-Rawas: c.£1 million claim by a firm of solicitors against two former clients for unpaid fees and disbursements, with a substantial counterclaim for professional negligence. Appeared as sole counsel in a successful Unless Order application.
  • Gliding Ltd v IAE: six figure claim against an aircraft maintenance company for alleged negligent services provided in respect of a damaged aircraft (with Akhil Shah QC).
  • Advising on a dispute between an insurer and reinsurer concerning the proper interpretation of a Commutation Agreement (with Derrick Dale QC).
  • A claim by the executor of a deceased businessman against his former business partner (with Edward Levey).

Professional Discipline & Business Crime

Nick has substantial experience in professional disciplinary and business crime, including:

  • Solicitors Regulation Authority v Maitland Hudson: successful disciplinary proceedings against a senior solicitor, involving allegations of dishonesty, conflict of interest and assisting a Russian client with diluting a partnership’s assets (with Mark Cunningham QC and Edward Levey).
  • Solicitors Regulation Authority v Leigh Day and others: high-profile prosecution of Leigh Day and three of its solicitors, involving a 21-day trial in the SDT and a 6-day appeal in the Administrative Court.
  • Acting for a large multinational energy company in relation to an investigation into deaths at a site owned by the company in the UK (with Richard Lissack QC).

Education

  • BA (Classics), New College, Oxford: First Class (first in year)
  • BPTC, City University, London: Outstanding
  • GDL, City University, London

Scholarships & Prizes

  • Buchanan Prize for outstanding performance on the BPTC (Lincoln’s Inn)
  • Winner of the National Student Law Society Mooting Competition 2014
  • Lord Mansfield Scholarship (Lincoln’s Inn)
  • Lord Bowen Scholarship (Lincoln’s Inn)
  • Gibbs Prize for Classics & Ancient History (Oxford University)
  • Sunderland Prize for Greek Literature (Oxford University)
  • Academic and Choral Scholar (New College, Oxford)

Other Experience

  • Secondment at Matthew, Arnold & Baldwin LLP, now merged with Dentons UKMEA LLP (November to December 2015). Worked on a range of banking and finance matters, including claims arising out of alleged mis-selling of interest rate swaps.
  • Volunteer Legal Adviser at Bethnal Green Legal Advice Centre (October 2015 to October 2016).

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