Year of call: 2012
E: nbird@3vb.com

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JuniorsPMs@3vb.com

Ranked by Chambers and Partners as an "Up and Coming" commercial junior, Nathaniel is a junior with experience of complex and high-value litigation and arbitration. He has particular interest in banking, financial services, civil fraud, insurance and international arbitration.

Recent instructions include:

  • Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings (2017) – acting (led by Adrian Beltrami QC and David Allison QC) for Citigroup in the defence of a USD 200m+ counterclaim alleging that two high-value structured derivatives on synthetic leveraged portfolios of hedge fund investments were missold and closed out in a commercially unreasonable manner.
  • The Libyan Investment Authority v Société Générale & Ors (2017) – acting (as part of a counsel team led by Adrian Beltrami QC and Anthony de Garr Robinson QC) for Société Générale defending claims that high-value investments in structured products were procured by bribery and undue influence in Gaddafi-era Libya.
  • USD 6bn LCIA Arbitration (2016–2017) – instructed to advise (with Ewan McQuater QC) in a multinational LCIA arbitration concerning a large-scale international fraud.
  • Terra Firma v Citibank (2016) – acting (led by Mark Howard QC, Peter Ratcliffe and Fred Hobson) for Citibank in the successful defence of a £2.3bn claim for fraudulent misrepresentation brought by the private equity fund Terra Firma in relation to its acquisition of EMI in 2007. The claim was discontinued, and all allegations were withdrawn, after the first two days of cross-examination in what was due to be a seven-week Commercial Court trial.

Nathaniel acts as an advocate and undertakes written work, including drafting pleadings and advising, across all of the areas of commercial law in which Chambers specialises.


‘Not afraid to step up and provide astute strategic input, he has forensic attention to detail and is extremely diligent..

Chambers & Partners UK 2018

3 Verulam Buildings has ‘very strong credentials in financial services disputes.’

Legal 500 UK 2014

Nathaniel has experience of a wide range of banking and financial services matters, including derivatives, leveraged finance, M&A, securitisation, payment services, commercial and consumer lending, guarantees, mortgages and investment advice claims.

Recent instructions and experience in relation to Banking & Finance disputes include:

  • Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings (2017) – acting (led by Adrian Beltrami QC and David Allison QC) for Citigroup in the defence of a USD 200m+ counterclaim alleging that two high-value structured derivatives on synthetic leveraged portfolios of hedge funds investments were mis-sold and closed out in a commercially unreasonable manner. The case settled shortly before what was due to be a five-week trial in the Commercial Court.
  • The Libyan Investment Authority v Société Générale & Ors (2017) – acting (as part of a counsel team led by Adrian Beltrami QC and Anthony de Garr Robinson QC) for Société Générale in one of The Lawyer’s ‘Top Cases of 2017’. The Claimant sovereign wealth fund contended that investments made in structured products totalling circa USD 2.1bn were procured by bribery and the exertion of undue influence on its executives in Gaddafi-era Libya. The claim was settled in the first week of an eleven-week trial in the Commercial Court.
  • Terra Firma v Citibank (2016) – acting (led by Mark Howard QC, Peter Ratcliffe and Fred Hobson) for Citibank in the successful defence of a £2.3bn claim for fraudulent misrepresentation brought by the private equity fund Terra Firma in relation to its acquisition of EMI in 2007. The dispute was named as one of The Lawyer’s ‘Top Cases of 2016’. It arose from Citibank’s financing of Terra Firma’s £4.2bn acquisition of EMI in 2007, on the eve of the 2007/08 credit crunch. Terra Firma discontinued the claim, and withdrew all allegations, after the first two days of cross-examination in what was due to be a seven-week Commercial Court trial.
  • Grangebrook Ltd & ors v Barclays Bank plc (2015) – acting (led by Ali Malek QC and Peter de Verneuil Smith) in a substantial Commercial Court claim against Barclays Bank plc (valued at circa. £20m) for the misselling of complex interest rate hedging products and raising allegations of GBP LIBOR, USD LIBOR and Euribor manipulation. The claim was settled prior to the first CMC.
  • Secondment to the banking and financial markets litigation team at Dentons UKMEA LLP (2015) – responsible for handling the defence of a number of interest rate hedging product misselling and LIBOR/Euribor manipulation claims brought against the Royal Bank of Scotland plc and for defending claims for judicial review brought against decisions of the Financial Services Compensation Scheme.
  • Regular instructions to represent high street banks in a wide variety of retail banking disputes, raising issues including the Direct Debit Scheme, the Payment Services Regulations 2009, credit card agreements, bank charges, Norwich Pharmacal/Bankers Trust orders and mortgage possession claims.

Nathaniel is ranked by Chambers and Partners as an "Up and Coming" commercial junior. Examples of recent commercial and company law disputes include:

  • Autoridad Del Canal De Panamá v Sacyr SA & ors (2017) – acting (unled) for the fourth defendant in an appeal against the decision of Blair J ([2017] EWHC 2228 (Comm)) to decline to grant a stay under s. 9 of the Arbitration Act 1996 in favour of an ICC arbitration in Miami of High Court proceedings to enforce advance payment guarantees given in relation to the widening of the Panama Canal.
  • Re Hague Civils Ltd / Re Hague Construction Ltd (2017) – defending (unled) the respondent to two unfair prejudice petitions brought by a former director and minority shareholder.
  • USD 6bn LCIA Arbitration (2016–2017) – instructed (with Ewan McQuater QC) in a multinational LCIA arbitration between two sovereign wealth funds concerning a large-scale international fraud.
  • USD 150m LCIA Arbitration (2016–2017) – acting (led by Christopher Harris) in the defence of claims brought by the liquidator of a Cayman Islands hedge fund against its former technical services provider alleging mismanagement and manipulation of the fund’s net asset value.
  • Triumph Controls UK Ltd & ors v Primus International Holding Company & ors (2016–2017) – acting (led by Rajesh Pillai) for Triumph Group Inc. in a US$ 64m claim in the Technology & Construction Court against Precision Castparts Corp. for breach of share purchase warranties given in connection with the acquisition of aerospace engineering companies.
  • Newmafruit Farms Ltd & ors v Pither & ors (2016) – successfully obtaining (led by David Head QC) worldwide freezing injunctions and asset tracing orders against defendants to ongoing fraud and misappropriation claims and successfully obtaining summary judgment on part of those claims in the sum of £1.4m ([2016] EWHC 2205 (QB)).
  • TH Holdings Ltd v Destiny Investments (1993) Ltd (2015) – acting (led by Peter de Verneuil Smith) prior to trial for a hotel group defending an unfair prejudice petition brought by minority investors.
  • Sports Direct International plc v Rangers International Football Club plc [2015] EWHC 1716 (Ch) – successfully obtaining (led by David Quest QC) an interim injunction on behalf of Sports Direct against Rangers Football Club in order to prevent the disclosure of confidential commercial information.
  • Acting unled in a variety of commercial disputes and for debtors, creditors and administrators in various insolvency proceedings.

Nathaniel has a particular interest in insurance law as a result of his time at the Law Commission prior to coming to the Bar, where he worked on the reform of commercial insurance law leading to the Insurance Act 2015. He was involved in formulating the Commission’s policy on the pre-contractual duties of insureds and brokers, insurers’ remedies for non-disclosure and misrepresentation and in relation to liability and compulsory third-party insurance policies and was responsible for instructing Parliamentary Counsel on the drafting of the 2014 Bill.

Nathaniel’s recent Insurance & Reinsurance experience includes:

  • Acting (led by Tom Weitzman QC) for a listed mining company in a claim arising from flood damage sustained during the construction of a hydroelectric power plant.
  • Acting (led by Tom Weitzman QC) for Guernsey closed-end investment schemes in a claim against D&O insurers relating to the conduct of their former directors.
  • Acting (led by Catherine Gibaud QC) for the Export Credit Guarantee Corporation of India in defence of claims by Equitas under excess of loss contracts of reinsurance.

Walter Wigglesworth Scholarship, Lincoln’s Inn (2013)

Lord Denning Scholarship, Lincoln’s Inn (2012)

BCL, Mansfield College, Oxford (2011)

LL.M. (Commercial Law), Hughes Hall, Cambridge (2010)

LL.B., London School of Economics (2009) – First Class Honours

Contributor to Bullen & Leake & Jacob's Precedents of Pleadings (1st supplement to the 18th ed, forthcoming) – chapters on insurance law.

COMBAR

LCIA

British Insurance Law Association

Lincoln’s Inn