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Jonathan Nash QC

Call 1986; QC 2006; BA (Oxon)
E-mail: jnash@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 abroad, and acts regularly for clients from Europe, the US, the Middle East and Asia.

Jonathan was ranked for many years as a leading junior in Banking and Finance and Commercial Litigation in legal directories. He has been described as "one of the pre-eminent juniors at the banking Bar", and as an advocate who "gets to the issues very quickly". "Super-cool, calm and collected", he is also "extremely bright, articulate and diligent", combining "a good technical ability with an approachable manner" (all citations from Chambers & Partners Guide to the Legal Profession 2006).

Jonathan took silk in 2006 and has been identified as one of the leading new QC's in Banking and Finance and Commercial Litigation. He is described as a "clever and dogged litigator", admired by opponents for his "bulletproof defence of clients" (Chambers & Partners 2007).

Main Practice Areas

  • Commercial litigation and arbitration, including experience of the gas and electricity industries, pharmaceuticals, railways, telecommunications, and the television industry, with specialist expertise in commercial agency disputes.

  • Banking and Financial Services, including all aspects of domestic and international banking, securities, derivatives (futures, options and swaps) and structured products, (with specialist expertise in the ISDA Master Agreement and Definitions) and regulatory issues relating to them.

  • Insurance and reinsurance, acting for insureds, insurers, retrocessionaires and brokers, with experience of all types of quota share and excess of loss programmes and profit-share arrangements.

  • Professional Negligence, including in particular acting for solicitors, barristers, accountants, insurance brokers, fund managers, and their PI insurers.
Examples of Recent Work:

Commercial Litigation and Arbitration
  • 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.

  • PJ Pipe & Valve Co Ltd. v Audco India Ltd. [2005] EWHC 1904 - claim by commercial agent in the oil industry for compensation upon termination of the agency.

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

  • Counsel in major ad hoc arbitration between operating companies in the rail industry.
Banking and Financial Services
  • IFE Fund SA v Goldman Sachs International [2006] EWHC 2887 (Comm) - 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.

  • Currently advising Italian bank in relation to fraud claims arising from the structured products utilised in a securitisation.
Insurance and Reinsurance
  • 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.

  • Groupama v Overseas Partners Re [2004] 1 All ER (Comm) 893 - claim by reinsured against retrocessionaire under liability policy - issues of non-disclosure and misrepresentation.

  • Currently acting for leading broker in dispute concerning placement of reinsurance for Middle East energy risks.
Editor of the insurance chapter in the (forthcoming) 16th edition of Bullen & Leake & Jacob's Precedents of Pleadings.

Professional Negligence
  • 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.

  • Groupama v Overseas Partners Re [2004] 1 All ER (Comm) 893 - claim by reinsured against retrocessionaire under liability policy - issues of non-disclosure and misrepresentation.

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

Recent Talks and Lectures

  • Recent Developments in Derivatives Litigation [2006]

  • Claims for "Loss of a Chance" [2006]

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

Academic and Professional

  • 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.

Language

French