Profile description
Nicholas commenced his practice in a common law set in Gray’s Inn and continues to carry out a substantial amount of work in London. He is generally instructed by long-standing solicitor and professional clients, by recommendation. As well as being instructed in company and partnership disputes, he is often instructed to directly represent firms of solicitors, barristers, surveyors, architects, doctors and veterinarians on their own commercial issues and on private and sensitive matters. Apart from his litigation practice, Nicholas has always held a steady practice in the areas identified below.
Property Law
Land Law Conveyancing & Title Investigation
- Advising on title for transfers of early Anglican and C of E Schools in Somerset and Devon under the Education Acts.
- Advising on title and challenges to redevelopments in substantial commercial operations in the West Country such as the centres of market towns with previous uses.
- Advising and drafting on overage clauses for commercial and residential properties and transfers of all or part of registered and previously unregistered property. I lecture in some of these areas and have done so for many years eg on the LRA 2002.
- Advising and drafting on planning restrictions, Section 106 Conditions and restrictive covenants including applications to the Upper Tribunal Lands Chamber etc.
- Advising on title and easements in respect of waterways and rivers.
- Advising and acting for local authorities and private individuals in adverse possession cases.
- Advising on access and statutory issues arising from the installation of power lines and on transmitting stations for major internet and mobile telephone providers.
Boundary, easements and other land rights:
- Rights of way, easements of all descriptions, highways, drainage issues, fishing and water rights
- Advising public providers on issues arising under the Telecommunication Acts, wayleaves and power installations
- Advising on restrictive and positive covenants affecting land
Planning Law
- Representing private persons and companies, parish councils and local authorities in many substantial public inquiries as well as in planning appeals on specific matters
- Advising on planning issues in respect of disputed land rights, planned developments and commercial enterprises
Trust Law
- Settling TR1’s and TP1s for complex transfers of land
- Advising and drafting in complex trust cases both in the UK and international trusts.
- Nicholas usually works with tax advisers and solicitors in this field.
International Law
Apart from the run-of-the-mill cases on UK and foreign jurisdiction, Nicholas has recently acted as follows;
- Nicholas was recently successful in acting for international partners in a substantial case involving Nigerian, Italian and offshore petroleum companies in dispute on the meaning of their SHAs and security documents and registered in Panama, Jersey, the Bahamas and numerous other localities and offshore companies. The control and beneficial ownership of the shares was in the region of $7 billion.
- He practices in commercial cases in arbitration and mediation both in the UK and in Geneva.
Landlord & Tenant
Mainly commercial landlord and tenant drafting and advising on leases for both landlords and tenants, disputes arising under the LTA 1984, dilapidations, lease enfranchisement and extensions, as well as:
- Tripartite leases for management companies.
- Specimen residential leases for large scale flat developments in Outer London (57 leases and common parts access and parking areas).
Company Law & Partnerships
- Drafting Shareholder’s Agreements and Articles for long term enterprises and SPVs including setting up and advising on company restructuring and subsidiaries
- Drafting and advising on charges and security documents for startup and existing companies.
- Advising on director’s powers and duties under Company legislation and on minority interests
- Drafting Partnership deeds and advising on disputes, dissolution and termination
- Advising on bankruptcy and insolvency.
- Setting up company structures for holding companies and individuals to promote company control and tax efficiency. Nicholas usually work with accountants in this field.
Advising & Drafting Commercial Leases
- For agreement on 1954 Act lease renewals
- For subletting on commercial properties including large interests in Inner London and on industrial estates.
Nicholas has acted in successful and substantial cases relating to developments in towns where challenges arose from businesses and the public. This has developed from the major planning disputes where he regularly represented all West Country County Councils in large developments to towns.
Wills & Trusts
- Drafting wills and Trust of Land deeds and settlements
- Advising on the interpretation of wills, tax implications (in complex cases in conjunction with an accountant or tax planner) and on care home charges and powers of attorney
- Advising on trustee’s powers and duties and beneficial interests
- Contentious probate; challenging wills including capacity and undue influence grounds and Court of Protection issues
Intellectual Property
Intellectual property (e.g., copyright and database law not including patents) is a significant part of Nicholas' practice. The internet has spawned a large number of disputes about ownership rights of the names, ideas, produce, assets and advertising of people and their businesses online with increasingly multi-national dimensions.
Nicholas has experience:
- Advising and drafting restraint of trade clauses and IP protection for various companies.
- Drafting and advising IT Guidelines for police authorities.
- Advising Local Authorities on IT issues arising from broadcasting information on the internet and related defamation issues.
- Drafting shareholders Agreements for an international IT company.
Construction
Advising on all types of construction disputes on large and small developments.
Arbitration & International Disputes
Advising multinational persons and companies in pursuing claims relating to assets and disputes both here and abroad including settlements and trusts of property and businesses in Hong Kong, India, offshore trusts, Italy, France, Switzerland and Germany.
Defamation
Nicholas has dealt with the ever-rising tide of defamation claims as a result of online activities by rivals in business, love, and religion.
Professional Negligence
Nicholas maintains the utmost privacy and confidentiality when dealing with these issues for all types of clients.
Additional Areas
- TLTAs ; Nicholas has done this work since he was called and has seen all of the changes and developments. Mostly this has been contested cases but he has drafted Trust Deeds and is involved in several substantial cases currently. (Details to follow with permission of client).
- Another substantial area of Nicholas' work is in Defamation and he is presently engaged in a fairly high profile case (details to follow on client’s permission) and has practiced in this area for 25 years.
