Nick practises in commercial and chancery law with a focus on pensions, financial services and professional negligence. He is much in demand for his expertise in cross-over work involving regulatory issues and commercial law. The directories recommend Nick for his client care, for his advocacy, for developing new arguments, and for finding solutions; he is described as being “second to none”.
Nick’s ongoing work includes professional negligence matters (for solicitors, benefits consultants and investment advisers), company disputes (including various insolvency matters), indexation work, and regulatory work both for and against the Financial Conduct Authority and The Pensions Regulator.
A multi-party, multi-jurisdictional high value shareholder dispute concerning various alleged frauds, breaches of fiduciary duties and numerous other claims in respect of an investment fund in the Cayman Islands and its investment manager in the BVI. Nick was led by Andrew Spink QC for the directors of the corporate entities central to the dispute.
Advising and acting (alone) for the subsidiary of a well known PLC to obtain a freezing injunction and search order arising from a fraud committed by a fiduciary of the company. Nick appeared (alone) at the original ex-parte hearing, on the return date and on the successful application for summary judgment in respect of the substantive proceedings.
Acting (led by Richard Lissack QC) in a case concerning the procedure for the transfer of shares in an oil company following a successful claim for breach of contract and an order for specific performance.
Advising a public authority (alone) on a complex claim for deceit and breach of contract.
Acting (with Richard Lissack QC) in an LCIA Arbitration representing a Belize company (with subsidiaries in Cyprus and Russia) in respect of a multi-million pound breach of contract by a Russian company.
Nick is a leading pensions junior; he is “right on top of the subject”, “finds solutions to problems”, “thinks of new arguments” and is “excellent with clients”.
In the last year, in addition to the matters set out above, Nick was instructed by tPR in confidential proceedings, in three major professional negligence actions involving pension schemes, was appointed to the Litigation Committee of the Association of Pension Lawyers, and has given talks on indexation, professional negligence issues, and equalising for the effect of unequal GMPs.
Recent case highlights include:
(1) Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank Plc [2020] EWHC 3135 (Ch). This 2020 Judgment addressed the obligation to equalise for the effect of unequal GMPs on transfers out. Nick also acted for the Representative Beneficiaries in the major 2018 Judgment ([2018] EWHC 2839 (Ch) and [2018] EWHC 3343 (Ch)].
(2) Gleeds v Aon and ors, acting for the defendant solicitors in a significant professional negligence matter.
(3) Ove Arup & Partners International Ltd v Trustees of the Arup UK Pension Scheme [2020] EWHC 1064 (Ch). A case concerning the “functional replacement” of the RPI.
(4) ColArt International Holdings Limited v (a) ColArt Pension Trustees Limited (2) Mark Coulson [2019] EWHC 3081 (Ch). Rectification proceedings representing the claimant company.
A massive interpretation/rectification claim listed for two days in February 2021 (acting for the trustees);
On-going professional negligence claims for solicitors and benefit consultants;
Advice to the MOD as a member of the Attorney General’s Panel of Junior Counsel to the Crown in respect of inter alia the various armed forces pension schemes;
Advice to public and private sector clients on the various Police Pension Schemes, Firefighter Schemes, and the Teachers’ Pension Scheme;
Cross-over advisory work in Pensions and Financial Services (see Pensions Misselling: cracks in the system (New Law Journal, May 2018)); and various rectification claims
Nick’s practice crosses the regulatory and civil aspects of financial services and is built on invaluable experience gained in 2010/11 on secondment to (what was then) the General Counsel’s Division at the Financial Services Authority. At the FSA Nick advised on a broad range of matters, including the first ever use of the SRR and BIP under the Banking Act 2009 (Re Southsea Mortgage and Investment Company). He had regular engagement with FSA Enforcement and SFO investigatory work.
Nick continues to be instructed by the FCA. Work over the last few months for the FCA has included advice on perimeter matters, information gateways, and work on ISAs and Child Trust Funds.
His work for private clients over the last 12 months or so has included:
Nick’s Financial Services practice often leads to instruction in commercial litigation (including professional negligence matters). He has acted in a wide range of mis-selling claims (often in respect of derivative products, including LIBOR linked products and pension matters (see his article Pensions Misselling: cracks in the system (New Law Journal, May 2018)) and in major litigation concerning involving (allegedly) negligent advice to a fund in 2007 to invest £2 billion of trust assets in credit default swaps and £500 million in US sub-prime mortgage backed assets (Philips Pension Trustees Limited & Philips Electronics UK Limited).
Nick is the author of chapter 3 of “The Bribery Act 2010” in the Second Edition of Lissack and Horlick on Bribery (LexisNexis) and writes for Lexis PSL (including on Corporate Transactions and Bribery, January 2016).
Nick started his advocacy career in the Employment Tribunal. He gained extensive experience appearing in the tribunal (across the country) for Claimants and Respondents (25:75). His practice included unfair dismissal, TUPE and discrimination claims across the range of protected grounds.
Nick continues to advise and act in employment and discrimination matters on occasion and has a particular interest in cross-over work involving Pensions and Employment and Financial Services and Employment.
Successfully appearing (at trial) for a well-known charity resisting a disability discrimination claim (London South).
Acting for an international fashion brand (at trial) successfully defeating a claim for race discrimination (London Central).
Obtaining a protective award of 90-days for 104 Claimants following the closure of a factory (Ashford).
Representing a not-for-profit organisation dedicated to supporting vulnerable adults with disabilities in defeating 51 separate allegations at trial (Reading).
Acting for the subsidiary of a well known PLC in the High Court in obtaining a freezing injunction arising from a fraud committed by company employee. Nick appeared (alone) at the original ex-parte hearing, on the return date and on the successful application for summary judgment in respect of the substantive proceedings (in respect of both breach of fiduciary duty and breach of contract).
In the field of professional negligence Nick is described as a “fantastic advocate”, who is “excellent with clients” and as having “a great eye for detail”.
Frequent clients are solicitors, actuaries, and pension consultants. As is so often the way in this field much of Nick’s work is confidential but his cases include:
Nicholas Hill is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
To find out more, contact Sam Carter on +44 (0)203 989 6669 or Colin Bunyan on +44 (0)20 7427 4886 for a confidential discussion.
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