Nigel Jones QC

Call:1976 (1999)

Introduction and Contact details

Recommend by Legal 500 as a leading silk in his four areas of specialist practice and “refreshingly in tune with business life”
 
He has extensive experience of complex contentious and non-contentious work in these areas instructed by some of the country’s leading and most specialist solicitors for national and international clients including:

clearing banks, private banks and building societies;Lloyd’s syndicates and leading insurers such as Ace, RSA, QBE, Liberty & MarketForm; major utility companies such as EDF Energy; local authorities and the FSA Ombudsman;national housebuilders such as Barratt & Bellway, national media such as the Daily Telegraph; and listed companies and high-profile sportsmen

He is a highly experienced mediation advocate and also acts as a commercial arbitrator and mediator.

Tel:    020 7242 2523 (switchboard)
Tel:    020 7691 0050 (direct)  
Fax:   020 7691 1234
Email: nigel.jones@hardwicke.co.uk

COMMERCIAL

Nigel’s commercial practice involves large scale and complex disputes.  Key areas within his practice are listed in the core areas below:

Arbitration

Experienced in domestic, ICC and international commercial and construction arbitrations.  

Relevant Cases

ICC Arbitration [2008]: construction of commission agreement for sale of shares in major international telecoms company.

Holloway v Chancery Mead Ltd [2007] EWHC 2495 (TCC): entitlement to refer dispute with developer to arbitration & directions on appointment of arbitrator under the Arbitration Act 1996 s.18.

Banking, Finance & Credit

Instructed by leading banks and lenders for over 20 years in cases such as loan, mortgage and guarantee disputes, cross-border issues, documentary credits, standard undertakings, rights of subrogation and equitable charges.

Recent Work
• acting for a leading private bank enforcing an undertaking against City solicitors
• international dispute involving a Cayman Bank, investment trusts, US investments, Isle of Man corporate management, fraud and Lloyd's insurance.

Relevant Cases

Beddow v Cayzer [2007] EWCA Civ 644: trial and appeal concerning the terms and financing of a commercial joint venture, with related issues of fiduciary duties and trusts.

Action Group [2003]: £20m private adjudication with 147 claimant action group and clearing bank in respect currency exchange losses.   

Montrod v Grundkotter [2001] EWCA Civ 1954, [2002] 3 All ER 697 CA:
Nullity exception in letters of credit; obligations in tort owed by credit beneficiary to credit applicant.

Civil fraud

Considerable experience of dealing with domestic and international fraud cases frequently involving worldwide freezing injunctions.

Recent Work

2009 work includes case before the Commercial Court involving losses of about $70 m and allegations of fraud and breach of fiduciary duty, dishonest assistance and knowing receipt. 2008 work involved advising on the liabilities of director/shareholders inflating profits before AIM listing. 

Relevant Cases

Naftrans v Nielsen and others [2009]: commercial court dispute involving allegations of fraud, dishonest assistance and knowing receipt

Attorney General of Zambia v Meer Care & Desai [2008] EWCA Civ 754: acting for Swiss national, on his successful appeal re conspiracy, dishonest assistance and fraud on the Zambian Government. 

Companies

Experienced in a wide range of matters affecting companies, including take-overs, market floatations, directors’ duties, asset sales and insolvency.

Relevant Cases

Clydesdale Financial Services v Smailes [2009] EWHC 1745 (Chancery): removal of administrators appointed under a pre-pack administration; sale at undervalue of assets of a solicitors’ practice. 

Construction & Engineering

Considerable construction practice including emphasis on insurance issues, loss and expense/delay, design and build, design and engineering professionals, public utilities and street works disputes, local authority contracting, contaminated land and environment issues; expertise in construction and engineering disputes relating to utility companies.

Adjudications have included acting for National Assembly for Wales in the dispute over construction of the new assembly building. Experience has also included product liability cases, especially involving manufacturing and engineering.

Relevant Cases

Kent County Council v Snohetta and Davis Langdon [2009] (TCC): the design competition and aborted project for the proposed Turner Contemporary museum in Margate.

Action Group v National Housebuilder [2008]: mediated settlement for action group leading to re-building of defects in flats and application of Defective Premises Act.

Mirimskaya v George Evans and Dezigner Living Ltd [2007] EWHC 2073 (TCC): construction of a fixed price construction contract.

Holloway v Chancery Mead Ltd [2007] EWHC 2495 (TCC): whether construction dispute resolution clause requiring first report to NHBC can be a condition precedent to reference to arbitration.

Associated British Ports v HSS [2006] EWHC 1187 (TCC): most technically difficult case involving sub-sea geology and geotechnical, concrete & steel structural engineering and novel design concept.

London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd [2003] EWHC 2411 (TCC): responsibility for the manufacture of a door latch used on fire engines.

Employment

Normally associated with commercial disputes and involving directors and senior employees in matters such as director’s secret profits, termination, restraint of trade, confidential information and pensions disputes. Regularly involved in contract disputes of high-profile sportsmen and women.

Recent Work

• clients seeking to hold employer to promises of early retirement without loss of pension rights
• inducing breach of contract/restraint of trade following termination of commercial agency
 
Relevant Cases

Kirk v Legal & General Assurance Plc [2002] IRLR 124 CA
Negligent references

Kidd v Axa Equity & Law Life Assurance Plc [2000] IRLR 210
Negligent references

Franchising

Highly specialised area of practice dealing with domestic, international and master franchising and acting regularly for companies such as Kall Kwik, ServiceMaster, Grow with Us, Cash Generator, Fleet Mobile Tyres, Ovenclean/MyHome, Initial City Link franchisee association.

Recent Work
• acting for England’s largest charity collections franchise in mediated dispute with commercial partner
• group actions involving Ovenclean and Royal Mail
• appeared for Servicemaster in case concerning franchisor’s role in “policing” the network
• appeared in Bondword v Cash Generators: internet selling and territorial exclusivity

Relevant Cases

Fleet Mobile Tyres v Stone and Ashwell [2006] EWCA Civ 1209: internet trading and derogation from grant in national franchising.

Grow with us v Green Thumb [2006] EWCA Civ 1201: leading case on renewal clauses in franchise agreements and data protection issues.

Professional Negligence

Expertise mainly centres on construction professionals;financial services and insurance professionals;valuers;solicitors;and auditors.

Recent Work

• acting for AIM listed company is £25m action involving accountants and auditors
• acting for valuers in multi-million pound country house valuation
• financial services product misselling and insurance consequences
• acted for national housebuilders in wide range of design and build disputes
• acting for architects in relation to the Sage Centre at Gateshead

Relevant Cases

“Son of Tag” litigation [2008/9]: liability of solicitors to ATE insurers for evaluation of claims

Raja v Tombstone and others [2008] EWCA Civ 1444: liability of solicitors for damages arising from improperly obtained sequestration order

Trade

Broad width of experience in complex commercial disputes with particular emphasis on the following categories namely joint ventures, development agreements, intellectual property disputes, contract disputes involving sportsmen and sports clubs, commodities and derivatives trading, utilities contracts, freezing injunctions, investment in and sale of solicitors’ practices, contract construction and rectification.

Relevant Cases

Naftrans v Nielsen and others [2009]: commercial court dispute involving allegations of fraud, dishonest assistance and knowing receipt

Daventry v Daventry Housing [2009]: chancery division dispute involving construction of £50m contract for transfer of housing stock

Meridian International Services v Richardson [2008] EWCA Civ 609: implied terms in computer software contracts

Lichter v Rubin [2008] EWHC 450 (Ch): dissipation of assets and freezing injunction

HFHA Group Ltd v ASRA Greater London Housing Association [2008] EWHC 2430 (QB): joint venture and property development.

Chang v Clear Law Limited [2008] Manchester DR: strike out of claim involving attempt to set aside a sale of the assets of a solicitors’ practice.

Beddow v Cayzer [2007] EWCA Civ 644: trial and appeal concerning the terms and financing of a commercial joint venture, with related issues of fiduciary duties and trusts.

R (Island Farm Developments) v Bridgened County BC [2006] EWHC 2189 (Admin): allegations of apparent bias and pre-determination in negotiations for sale of development land. 

Utilities

Significant knowledge of this area for different clients with particular expertise in the electricity sector involving distribution disputes, supply issues, seabed rights in Port of London Authority area, resistive heating fires, distributors’ liabilities and the regulation of Ofgem. Considerable current portfolio of work in this field, involving a full review of the liability of distribution network operators for fires at connection points and major review by Ofgem of the liability for renewal of cables in multi-occupied buildings.

Relevant Cases

Shepherd & Neame v EDF Energy [2008] EWHC 123 (TCC): resistive heating fire case.

INSURANCE

A significant aspect of Nigel’s practice includes coverage and avoidance issues for insurance companies and Lloyd’s underwriters arising out of domestic and world-wide insurance and re-insurance, together with insurance issues arising in the defence of insured claims in his other areas of expertise:

• professional indemnity
• product liability
• public liability
• all risks
• life assurance
• relations between primary and excess insurers
• insurers’ reservations of rights
• solicitors’ conflicts of interest
• career termination insurance
• business interruption 

All Risks

Considerable experience of dealing with all types of all risk policies, particularly in construction

Relevant Cases

Shinedean v Axa Insurance UK Plc [2006] EWCA Civ 939: conditions precedent & prejudice

BTE & ATE

Highly experienced in ATE litigation policies and their relation with conditional fee agreements
 
Recent Work

“Son of Tag” litigation [2008/9]: liability of solicitors to ATE insurers for evaluation of claims

Relevant Cases

Clydesdale Financial Services v Smailes [2009] EWHC 1745 (Chancery): insurance to cover bank loans funding a solicitors’ practice as well as ATE insurance for clients  

Construction & Engineering

Very experienced in understanding insurance issues in construction disputes.

Relevant Cases

Kent County Council v Snohetta and Davis Langdon [2009] (TCC): foreign costs inclusive project insurance for high profile UK project

Fire Damage

This area of expertise falls into two categories: fire insurance generally and separately the insurance aspects of utilities fires.

Recent Work
 
• acting for insurers in disputes arising from the Iron Mountain fire
• acting for insurers in business interruption
• acting as part of the claimants’ team in the Buncefield explosion and fire litigation
• several cases involving resistive heating fires in commercial and domestic premises
• insurance aspects following explosion and fire at Dutch plant 

Relevant Cases

Nitec v Evolution [2009]: commercial court case involving fire damage and business interruption

Shepherd & Neame v EDF Energy [2008] EWHC 123 (TCC): resistive heating fire case.

Medical Malpractice

Specialist area involving only medical malpractice insurance for suppliers of medical services

Recent Work

• advising on liability of Lloyds’ syndicates arising from the worldwide SARS outbreak
• advising insurers on renewal issues for niche medical services provider

Product Liability

Considerable experience in this area generally in an engineering context. 

Relevant Cases

London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd [2003] EWHC 2411 (TCC): successfully represented the manufacturers of a door latch used on fire engines.

Professional Indemnity

This represents his largest single area of insurance expertise. He is acknowledged as a specialist in the field of claims made policies with particular emphasis on solicitors’ minimum terms, but also including many other professionals in financial services, accounting, valuing, construction, architecture & engineering and corporate service providers. 

Recent Work

• regular advice on claims made policies including issues of aggregation of claims, renewals, conditions precedent, notification, claims and coverage
• regular advice on Law Society Minimum Terms cover including issues of aggregation of claims, renewals, rights to re-imbursement and coverage
• regular advice on disputes between insurers of different years of account
• advice on coverage & disclosure in respect of Isle of Man corporate service providers arising from the $500m AremisSoft corporate fraud case in the USA.
 
Recent Cases

“Son of Tag” litigation [2008/9]: coverage and aggregation under Law Society Minimum Terms

COSTS

Specialist area of practice with particular emphasis on conditional fee agreements.

Recent Work

• advice on the legality of and drafting retrospective CFAs
• advice on discounted CFAs

Recent Cases

Pietro Dellapina [2009] SCCO (5/6/09): existence of retainer and use of agent to provide instructions