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

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Nathaniel has a broad commercial practice in line with Chambers’ profile. He has particular interest in banking, financial services, insurance, arbitration and private international law.

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.

Recent instructions include 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 The claim was discontinued, and all allegations were withdrawn, after the first two days of cross-examination in what was due to be a seven-week Commercial Court trial.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 is presently instructed to advise (with Ewan McQuater QC) in a USD 6bn LCIA arbitration involving international parties.


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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:–

  • 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.

Since commencing practice, Nathaniel has been instructed on a broad range of commercial disputes, including:–

  • LCIA Arbitration (2016) – instructed to advise (with Ewan McQuater QC) in a USD 6bn LCIA arbitration involving international parties.

 

  • Triumph Controls UK Ltd & ors v Primus International Holding Company & ors (2016) – 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 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

COMBAR

Lincoln’s Inn