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Nicholas Hill

Nicholas Hill

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Nick practises in commercial litigation with a focus on pensions and financial services law. He is much in demand for his expertise in cross-over work involving pensions, financial services and employment. The directories recommend Nick for his client care, for developing new arguments, and for finding solutions. Chambers & Partners 2019 describes him as having “significant expertise in financial services law” and “extensive experience in Part 8 claims, professional negligence and contribution disputes”.

In 2018 Nick was Junior Counsel for the Representative Beneficiaries in the landmark Lloyds litigation ([2018] EWHC 2839 (Ch) & [2018] EWHC 3343 (Ch)), which settled the longstanding question of whether pension scheme trustees are required to adjust non-GMP benefits to properly equalise scheme benefits.

His ongoing work includes professional negligence matters (for solicitors, benefits consultants and investment advisers), company disputes (including various insolvency matters), indexation work, matters concerning the Employer Debt Regulations, and regulatory work both for and against the Financial Conduct Authority and The Pensions Regulator. He is a member of the Attorney General’s Panel of Junior Counsel to the Crown.

Commercial & Chancery

Examples of Nick’s commercial work include:

  • 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 a Russian 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.

Pensions & Trusts

Nick is a leading pensions junior. In the last year he (1) appeared in the ground-breaking Lloyds GMP equalisation case (with Andrew Short QC); (2) appeared in the Crown Agents litigation (with Nicolas Stallworthy QC and leading junior Counsel on a (successful) urgent expedition & privacy application); and (3) was instructed in three major professional negligence actions involving pension schemes.

Ongoing work includes:

  • acting with Nicolas Stallworthy QC in a claim by an employer to interpret indexation provisions (RPI/CPI) worth hundreds of millions of pounds
  • 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))
  • rectification proceedings

Financial Services

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:

  • regulator perimeter queries
  • advising an American PE fund on sanctions issues arising from contracts concluded in London
  • advice on regulatory risks for a major insurance corporation (involved in pension scheme buy-ins and buy-outs)
  • advice on collective investment schemes
  • a successful appearance in front of the RDC for a mid-level manager at a well-known Building Society

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).

Employment & Discrimination

In Employment and Discrimination law Nick has extensive experience appearing in the tribunal (across the country) for Claimants and Respondents (25:75). His practice includes unfair dismissal, TUPE and discrimination claims across the range of protected grounds.

Recent work has included:

  • 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).

Nick is conscious of the significance of employment claims to Claimants and Respondents (irrespective of the value of the claim and/or the range of issues before the tribunal or court) and is always pleased to be involved in the litigation process at an early stage through written advice and/or conferences as appropriate.

He has a particular interest and experience in cross-over work between Employment and Pensions and Employment cases with a FS element.

Nick is a member of the Employment Lawyers Association and the Industrial Law Society.

Appointments & Memberships

  • Association of Pension Lawyers
  • Financial Services Lawyers Association
  • Young International Arbitration Group
  • Commercial Bar Association

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.

Areas of Law


Recommendations


Testimonials


“Excellent with clients and really bright. He thinks of new arguments and is great in court.” Pensions, Chambers & Partners 2019

“He finds solutions to problems and is very helpful.” Pensions, Chambers & Partners 2019

“An excellent junior barrister, he grasped an enormous amount of documentation and information, knew his way around the trust instrument quickly, and advised senior clients with confidence and skill in a lengthy conference.” Pensions, Chambers & Partners 2018

“He is good on his feet, knows his stuff and is a very good team player.” Pensions, Chambers & Partners 2018

“An up-and-coming junior with significant expertise in financial services law. He can boast extensive experience in part 8 claims, professional negligence and contribution disputes.” Pensions, Chambers & Partners 2017

“He’s very practical and gets straight to the point.” Pensions, Chambers & Partners 2017

 

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