Lawyers / Professionals

 
Hardeep S. Nahal       
Partner
11 Pilgrim Street
London EC4V 6RN, United Kingdom 
T: +44 (0)20 7632 1680
F: +44 (0)20 7632 1638
hnahal@mcguirewoods.com
 

Mr. Nahal has extensive experience of international commercial litigation at both trial and appellate level, arbitration and alternative dispute resolution, in particular commercial contract claims, financial services and insolvency-related disputes, fraud claims and a wide variety of other matters arising out of corporate disputes and collapses. He has been a solicitor advocate with higher rights of audience since 1998 and has appeared on behalf of clients in the High Court and County Court and at arbitrations and mediations. He has a particular interest in the UK-India corridor.


Representative Matters
  • Represented Energy Venture Partners Limited in a substantial, high profile Commercial Court action against Malabu Oil and Gas Limited in relation to a US $1.3 billion transaction concerning a Nigerian offshore field, including obtaining urgent freezing orders and injunctions before Griffith Williams J and Steel J in July 2011 (2011 Folio No. 792).
  • Represented Gamucci Limited in a High Court claim issued in 2011, against a former director for breach of fiduciary duty (HC11C00587).
  • Represented Imaana Investments Limited in a High Court claim issued in 2011, for unfair prejudice in respect of Gold Care Group Limited (No. 479 of 2011).
  • Represented a major multinational client in relation to a dispute with pension fund trustees, including proceedings before the Pensions Regulator, the Pensions Ombudsman and the High Court.
  • Represented NewMarket Corporation on U.K. aspects of its action against Innospec arising out of allegations of corruption in Iraq (under the oil-for-food program) and Indonesia, including executing Letters of Request before the High Court in July 2011.
  • Represented Heathrow Airport Ltd in respect of High Court proceedings (HC10C02364) brought by Purple Parking Ltd and Meteor Parking Ltd concerning valet parking operations at Heathrow. The action was tried before Anthony Mann J on an expedited basis in December 2010 and January 2011 and raised an important point as to the scope of the "essential facilities" doctrine in competition law ([2011] EWHC 987(Ch)).
  • Represented a major multinational client in relation to UK aspects of a commercial action on foot in Georgia including the execution in the UK in January 2011 of a Letter of Request issued by the Georgia court.
  • Represented a financial services client in respect of claims in connection with Kaupthing, the failed Icelandic bank.
  • Represented a substantial client in relation to potential claims against advisers arising out of pension scheme equalization issues.
  • Represented a major listed client in the defence of a "mis-selling" claim by an employee in respect of his transfer from one pension scheme to another.
  • Represented Walker Crips Stockbrokers Ltd in the defence of a High Court action brought by Spreadex Ltd arising out of alleged boiler room trading (HC08CO2157) which raised an important point as to the extent to which section 150 of FSMA provides a private right of action.
  • Represented a major client in relation to issues arising out of the purported equalisation of benefits under a staff pension scheme, including possible professional negligence claims.
  • Represented Eurosteel Products Limited in a High Court claim against Compagnie Maritime and Commerciale NV (8CF90157) in relation to disputed title to a consignment of steel acquired from Alphasteel Limited, including at trial before Nicholas Chambers QC (sitting as a High Court Judge).
  • Represented B&F Trading Co Ltd, a substantial fashion distribution and retail company in South Korea, in the conduct of High Court proceedings (HC07C02413) against an intermediary in relation to the import of Paul Smith products from the UK into South Korea.
  • Represented a major independent steel trader in relation to the collapse of a very substantial steel plant in eastern Europe.
  • Represented IB4AI LLC in the conduct of High Court proceedings (HC08C00159) against Auriel Capital, a Cayman-registered hedge fund, in relation to investments in the Auriel Global Macro Fund, including at the trial of a preliminary issue before Judge David Waksman QC (sitting as a Judge of the High Court) ([2008] EWHC 1571(Ch), [2008] All ER (D) 288).
  • Represented a major multinational client in relation to the UK aspects of New York proceedings arising out of a business sale, including the execution in the UK in 2008 of a Letter of Request issued by the U.S. District Court for the Southern District of New York.
  • Represented Deepak Fertilisers and Petrochemicals Corporation Limited, one of the leading manufacturers of industrial chemicals in India, in the defence of Commercial Court proceedings (2007 Folio No. 981) brought by Vitol SA, a commodity trader, in relation to a contract for the sale of methanol.
  • Represented a group of investors in claims against trustees and others arising out of a failed collective investment scheme, settled for full value.
  • Represented a major multinational client in relation to a claim brought by an Indian company in respect of integrated circuit technology.
  • Represented a major independent steel trader in a contractual dispute with a substantial Indian steel company.
  • Represented a major German manufacturer in relation to a substantial commercial dispute concerning the sale of a business.
  • Represented a Big Four firm of accountants in relation to a significant regulatory matter.
  • Represented Andersen UK in the defence of a tax negligence action brought in the Commercial Court (2006 Folio No. 359), and third party proceedings against Allen & Overy.
  • Represented AI Abood family and trusts in relation to a substantial and complex multi-jurisdictional matter concerning the estate of the late Shaker Al Abood, including before Sir Andrew Morritt VC on an important point of jurisdiction in respect of banks and their branches Mahme Trust v Lloyds Bank ([2004] EWHC 1931 (Ch)) and at trial before Evans Lombe J in the High Court ([2006] EWHC 1321 (Ch)).
  • Represented Andersen UK in relation to the High Court trial before Tugendhat J of Robert Beddow v Nigel Cayzer [2006] EWHC 557 (QB), concerning a high profile private equity transaction.
  • Represented Andersen UK in relation to Mayflower, which collapsed in 2004. This was the first case before the Accountancy Investigation and Discipline Board.
  • Represented a Big Four firm of accountants in relation to a high profile multinational corporate collapse.
  • Represented a major aluminum producer in Eastern Europe in relation to a substantial fraud, including in respect of search and seizure orders granted by the High Court (Tajik Aluminium Plant v Abdukadir Ganievich Ermatov).
  • Represented a listed UK client in relation to an internal investigation into accounting and other irregularities alleged by a whistleblower and subsequent SFO and regulatory investigations.
  • Represented various TXU Europe companies, subsequently the Joint Administrators of various such companies, in connection with contentious matters arising out of the group's collapse, including the hearing before Blackburne J of a claim by directors to a £10m fund (Re TXU Europe Group plc (in administration) [2003] All ER (D) 326, [2004] BCIC 519).
  • Represented Andersen UK in relation to criminal trials and an inquiry by the Accountants Joint Disciplinary Scheme arising out of accounting irregularities discovered at Wickes plc.
  • Represented Somatra Ltd in resisting an appeal by Sinclair Roche & Temperley in a professional negligence action [2003] EWCA Civ 1474, [2003] 2 Lloyd's Rep 855.
  • Represented Granada Media Group Ltd in the defence of High Court proceedings (HQ02X01625) brought by Banks Hoggins O'Shea, in relation to a contractual dispute.
  • Represented a major multinational property services company in the defence of arbitration proceedings brought against it before the London Court of International Arbitration by a former partner in the Far East.
  • Represented Dispatch Management Services (UK) Ltd, in the defence of a claim by former executives: appearance in the EAT as Solicitor-Advocate (Wall J 4 December 2001 [2002] IRLR 389).
  • Represented B D Smith (formerly of Andersen UK) in relation to a Letter of Request issued by the Supreme Court of South Australia at the behest of the liquidator of the Alan Bond group of companies (England v Smith [2000] 2 WLR 1141, [2001] Ch 419).
  • Represented Hillsdown Holdings subsidiaries in High Court proceedings (1993 Folio No. 374), including references to the ECJ, against IBAP and MAFF for clawback of sheepmeat export levies.
  • Represented the EMTA (now SEMTA) in High Court proceedings (CH 1997 E No. 4042) against the trustees of the ITB Pensions Funds.
  • Represented Anglian Water plc, in Kelly (communication of acceptance of share offer), on appeal on a point of law from District Judge to Circuit Judge (appearance as Solicitor-Advocate).
  • Represented Heathrow Airport Ltd in applications for injunctions, including against Gross, 13 January 1999, unrep. (Burton J), noted at WB Vol 1 note 25.10.1 (appearance as Solicitor-Advocate).
  • Represented BAT Industries plc on securing court approval for its scheme of arrangement, including defeating the objections of U.S. tobacco plaintiffs before David Neuberger J (Chancery Division (Companies Court) 3 September 1998).
  • Represented Phosyn International Ltd in High Court proceedings (1992 Folio No. 1019) brought by Pace International LP in relation to a distribution agreement.
  • Represented Andersen UK in the defence of High Court proceedings (1994 Folio No. 226) brought by Lloyd's Names in relation to their audits of the Feltrim Syndicates.
  • Represented Chemical Bank (as was) in High Court proceedings (1994 Folio No. 573) brought by African Reinsurance Corporation in relation to a fraudulently endorsed cheque.
  • Represented a variety of listed and other clients on post-acquisition/sale warranty claims and earn-out disputes, joint venture disputes, sale of goods disputes and issues arising out of distribution and agency agreements.

Practices & Industries
Honors
  • Listed as "Highly Recommended," Commercial Litigation, Legal Experts, 2005-2011
  • Named a "Leading Individual," Dispute Resolution, Chambers UK, 2005-2012
  • Society of Asian Lawyers Commercial Lawyer of the Year, 2007

Previous Experience
  • Herbert Smith, London, Trainee Solicitor 1992-1994; Associate 1994-2001; Partner 2001-2011

Professional Affiliations
  • Law Society
  • Society of Asian Lawyers
  • Solicitors Association of Higher Court Advocates
  • City of London Law Society Litigation Committee
  • Committee of the Commercial Litigators Forum
  • Civil Justice Council Working Party on Implementation of the Jackson Reforms
 

EDUCATION

Trinity College, Cambridge, United Kingdom, M.A., 1994

  • Senior Scholar

Trinity College, Cambridge, United Kingdom, LLM, 1991

Trinity College, Cambridge, United Kingdom, B.A. Law, Hons, 1990

 
 

ADMITTED

Solicitor, England and Wales 1994

Solicitor-Advocate (with rights of audience in the higher courts) 1998

 

PLACE OF BIRTH

Atlanta, USA