Year of call: 1986
Silk: 2006
E: jnash@3vb.com

Email the Practice Managers:

SilksPMs@3vb.com

Jonathan Nash has a commercial practice specialising in banking and financial services law; insurance and reinsurance; professional negligence; and arbitration (both as counsel and arbitrator). He has considerable experience of conducting litigation in the Commercial Court in London and arbitrations both in the UK and abroad.

Jonathan's specialist experience and understanding of complex financial structures has involved him in advising on a wide range of issues arising out of the Global Financial Crisis. These have included valuation disputes following early termination of ISDA- documented derivatives and other credit structures; the recovery of margin security under repo agreements following the administration of Kaupthing in London and the Isle of Man; the setting up of multilateral netting arrangements in the forward freight swap market; and the closing out of positions in many different derivative instruments from "sleeve trades" in the energy derivatives market to "reverse knock-out options" in forex trades; and numerous credit default swaps.

Jonathan is currently retained as leading counsel by the Claimants in the RBS Rights Issue litigation, which is one of the most substantial and high-profile commercial cases to come before the English Courts in 2017. The case has already produced an important decision on the scope of legal professional privilege in the context of regulatory investigations of large corporations, where Jonathan argued successfully for disclosure of materials prepared to meet an investigation by the SEC in the United States. The litigation is the first modern case on prospectus liability under the Financial Services and Markets Act 2000, as well as involving the only civil proceedings to come to trial concerning the collapse of RBS.

His more general recent commercial practice has covered disputes in areas as diverse as the spread-betting industry, pharmaceuticals, mobile technology and designer fashion.

 


‘Superb – technically excellent, commercially astute and an absolute pleasure to work with.’

Legal 500 UK 2015

“A first-rate advocate with vast experience, particularly when it comes to complex financial structures. He’s very calm in a storm.”

Chambers & Partners UK 2015

H J Heinz Co Ltd v EFL Inc (2010) - enforcement of foreign arbitral award - allegations that award procured by fraud.

Brave Bulk Transport v Spot On Shipping (2010) - enforcement of US Judgment debt arising under freight forward swap.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWCA Civ. 1157 - application for enforcement of substantial foreign arbitration award under New York Convention - whether or not English court entitled to order part enforcement of Award.

Hilcourt (Docklands) Ltd v Teliasonera AB [2006] EWHC 508 (Ch) - application for stay of execution of arbitration award where tenant under long-term lease alleged that lease had been procured by fraud.

Currently (2008) counsel in pharmaceutical arbitration proceeding before the Court of Arbitration of the Bulgarian Chamber of Commerce in Sofia.

Arbitrator (2007) under the London Maritime Arbitrators Association rules in dispute arising from CFR contract for sale of scrap metal.

Counsel in major ad hoc railway arbitration between train operating companies.

Lomas v JFB Firth Rixson & Ors [2013] 1 BCLC 27 - effect of Events of Default on continuing obligations under the 1992 ISDA Master Agreement - application of insolvency principles to suspended contractual obligations.

West LB v Nomura Bank International plc [2012] All ER (D) 116 - duties of a calculation agent in valuing reference funds.

NML Capital Limited v The Republic of Argentina (2008) - advising sovereign debt fund in enforcement proceedings against Argentina.

Kensington International Limited v Republic of Congo [2008] 1 Lloyds Rep. 161 - advising sovereign debt fund in enforcement proceedings against Republic of Congo and those who trade with it.

IFE Fund SA v Goldman Sachs International [2007] 2 Lloyds Rep 449 - claim by mezzanine investment fund against arranger of syndicated loan facility for misrepresentation and non-disclosure.

The Argo Fund Ltd v Essar Steel Ltd [2006] 2 Lloyds Rep. 134 - claim by hedge fund to enforce payment obligations under syndicated loan tranches - leading authority on the meaning of "financial institution" in loan documentation.

Stokors SA v IG Markets Ltd [2013] All ER (D) 300 - claim for compensation for assistance in breach of fiduciary duty in connection with spread betting brokerage.

Yukos Capital v OJSC Rosneft [2013] 1 All ER 213 - application of doctrine of "Act of State" to allegations of unlawful expropriation and interference in judicial process.

H J Heinz Co Ltd v EFL Inc (2010) - enforcement of foreign arbitral award - allegations that award procured by fraud.

Brave Bulk Transport v Spot On Shipping (2010) - enforcement of US Judgment debt arising under freight forward swap.

Kensington International Limited v Republic of Congo [2008] 1 Lloyds Rep. 161 - Whether third parties entitled to rely on privilege against self-incrimination - effect of Fraud Act 2006.

Pfizer Ltd. v Dainippon Sumitomo Pharma Co. Ltd. [2006] All ER (D) 172 - jurisdiction application arising from dispute between pharmaceutical companies - considering the effect of a change of structure within licensee's corporate group.

Hilcourt (Docklands) Ltd v Teliasonera AB [2006] EWHC 508 (Ch) - application for stay of execution of arbitration award where tenant under long-term lease alleged that lease had been procured by fraud.

Kurt Geiger Ltd. v Italian Buying Office (2006) - acting for buying agent in shoe industry in commercial agency dispute arising from termination of agency.

Lomas v JFB Firth Rixson & Ors [2013] 1 BCLC 27 - effect of Events of Default on continuing obligations under the 1992 ISDA Master Agreement - application of insolvency principles to suspended contractual obligations.

West LB v Nomura Bank International plc [2012] All ER (D) 116 - duties of a calculation agent in valuing reference funds.

NML Capital Limited v The Republic of Argentina (2008) - advising sovereign debt fund in enforcement proceedings against Argentina.

Kensington International Limited v Republic of Congo [2008] 1 Lloyds Rep. 161 - advising sovereign debt fund in enforcement proceedings against Republic of Congo and those who trade with it.

IFE Fund SA v Goldman Sachs International [2007] 2 Lloyds Rep 449 - claim by mezzanine investment fund against arranger of syndicated loan facility for misrepresentation and non-disclosure.

The Argo Fund Ltd v Essar Steel Ltd [2006] 2 Lloyds Rep. 134 - claim by hedge fund to enforce payment obligations under syndicated loan tranches - leading authority on the meaning of "financial institution" in loan documentation.

Re Sompo Japan Insurance Inc [2011] All ER(D) 185 - acting for FSA on opposed transfer of insurance undertaking.

United Insurance Co of Libya v Aon Ltd. [2007] EWHC 1583 (Comm) - successful defence of claim against broker brought in respect of reinsurance of Libyan energy risks.

Tioxide Europe Ltd. v CGU International Insurance plc [2005] 2 CLC 329 - claim for indemnity from excess layer insurers arising out of all risks coverage - issues of coverage and notification.

Currently acting for leading broker in dispute concerning placement of reinsurance for Middle East energy risks.

Editor of the insurance section in the current (16th) edition of Bullen & Leake & Jacob's Precedents of Pleadings.

United Insurance Co of Libya v Aon Ltd. [2007] EWHC 1583 (Comm) - successful defence of claim against broker brought in respect of reinsurance of Libyan energy risks.

SEB Trygg Holding v Manches [2006] 2 All ER (Comm) 38 - claim against solicitors for alleged breach of warranty in conduct of arbitration proceedings for German corporation

1981-1984: Scholar of St John's College, Oxford; BA (Hons) (1984).

1986: Goldie Award (Gray's Inn); called to the Bar.

1987: Karmel prizewinner (Common Law) - Gray's Inn. Tenant at Chambers of Neville Thomas QC (now 3 Verulam Buildings).

2006: appointed Queen's Counsel.

French (fluent); Spanish (reading).

Trust Obligations and Remedies in Complex Financial Transactions

Jurisdiction in a Credit Crunch World

Recent Developments in Derivatives Litigation

Claims for "Loss of a Chance"

Indemnity Insurance: the Lessons from Enterprise Oil v Strand Insurance Company Limited [2006]

The Privilege against Self-Incrimination

Contributory Negligence in claims against insurance brokers