Hardeep S. Nahal

Partner

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Practices
Industries
International
Education
  • Trinity College, Cambridge, MA, 1994
  • Trinity College, Cambridge, LLM, 1991
  • Trinity College, Cambridge, BA, Law, Honours, 1990
Admissions
  • Solicitor Advocate Civil, England & Wales
  • Solicitor, England and Wales
Affiliations

Member, Law Society of England and Wales

Member, Society of Asian Lawyers

Member, Solicitors Association of Higher Court Advocates

Member, City of London Law Society Litigation Committee

Member, Committee of the Commercial Litigators Forum

Member, Court of Appeal (Civil Division) Users' Committee

Member, Civil Justice Council Working Party on Implementation of the Jackson Reforms 2011

Member, Civil Justice Council Working Party on Contingency Fees 2012

Member, Civil Justice Council Working Party on Damages – Based Agreements 2014 - 2015

Hardeep has over 24 years' experience of complex, high value commercial litigation and arbitration, often with an international dimension. He has handled many substantial cross-border corporate and financial cases including Maxwell, BCCI, the Lloyd’s of London litigation, Parmalat, TXU, Kaupthing, Tajik Aluminum, the fallout from the Lloyds Bank / HBOS bailout, BTA Bank and the LIBOR litigation. He is a Solicitor-Advocate and has appeared on behalf of clients in the High Court and Court of Appeal and in arbitrations and mediations. Hardeep is recognised as a leading individual for commercial litigation in Chambers and Legal 500. He is a member of the Court of Appeal (Civil Division) Users’ Committee and is on our firm’s Board of Partners.

In the News

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Hardeep S Nahal
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T: +44 20 7632 1680F: +44 20 7632 163811 Pilgrim Street
London EC4V 6RN
United Kingdom

Representation of Vincent Tchenguiz and his interests in a very high profile £2.2 billion Commercial Court action against Kaupthing Bank hf, Grant Thornton UK LLP and others (CL-2014-001023) issued in November 2014. The action has already generated an important decision on jurisdiction in relation to insolvent credit institutions [2015] EWHC 1864 (Comm) following a hearing before Carr J in June 2015, which is due to go to the Court of Appeal in February 2017. It has also given rise to highly significant decisions on the interplay between alleged fraud and settlement agreements [2016] EWHC 865 (Comm) and [2016] EWHC 3727 (Comm) following hearings before Knowles J in January and October 2016 in respect of both of which permission to appeal has been granted by the Court of Appeal in October 2016. Another interlocutory decision in the case is going to the Court of Appeal in July 2017.

Representation of Bridges Consultancy Limited and others in relation to a substantial Commercial Court action (CL-2015-000178) issued by Providential Finance Inc and others in February 2015.  It is due to come to trial in March 2017.

Representation of a substantial client in relation to a multi-million dollar arbitration before the NAI in respect of a large cement plant in Eastern Europe.

Representation of third parties in relation to the extremely substantial and long-running High Court fraud case JSC BTA Bank v. Mukhtar Ablyazov & Ors [2013] EWHC 510 (Comm), including making an application to the Commercial Court in relation to the freezing and receivership orders in that action which was heard by Field J in May 2013. The Judgment on that application, delivered on 2 July 2013 ([2013] EWHC 1869 (Comm)), raises important questions as to the Masri / Chabra jurisdiction for extending freezing orders to third parties, and in October 2013 the Court of Appeal granted permission to appeal. The appeal was heard by the Court of Appeal (Moore-Bick, Clarke and Elias LJJ) in March 2014 and as a result of the Court of Appeal's Judgment the issues for trial were narrowed ([2014] EWCA Civ 602, [2014] WLR (D) 221).

Representation of Sergey Maksimov in relation to high profile committal proceedings brought by Vseukrainskyi Aktsionernyi Bank (2013 Folio No. 57), including in connection with Commercial Court hearings before Hamblen J in September, October and December 2014 resulting in favourable Judgments [2014] EWHC 3771 (Comm) and [2014] EWHC 4370 (Comm) which are important in the context of applications for contempt of Court.

Representation of Energy Venture Partners Limited in a substantial, high profile High Court action against Malabu Oil and Gas Limited in relation to a US $1.3 billion transaction concerning one of West Africa's largest offshore oil blocks, including obtaining urgent freezing orders and injunctions before Griffith Williams J and Steel J in July 2011 ([2011] EWHC 2215 (Comm)). The action came to trial before Gloster LJ in the Commercial Court over four weeks in November/December 2012. In a Judgment handed down on 17 July 2013 ([2013] EWHC 2118 (Comm)), Gloster LJ awarded EVP US $110.5 million in damages plus over US $11 million in interest; she also refused permission to appeal. The Court of Appeal (Aikens CJ) in turn refused permission to appeal on paper in December 2013 and then at a hearing (Longmore LJ) on 26 March 2014. In the meantime, the Defendant failed in an application to vary the Judgment Order in respect of interest payments before Eder J on 7 March 2014 ([2014] EWHC 663 (Comm), [2014] All ER (D) 138 (Mar)). The Court of Appeal had already granted permission to appeal on interlocutory issues concerning fortification of the Claimant’s cross-undertaking in damages in respect of the freezing order, and heard those issues in July 2014 and the Judgment on the appeal ([2014] EWCA Civ 1295) is the first Court of Appeal decision on fortification.

Representation of Lonestar Drilling Nigeria Limited, a leading oil field services company, in a Commercial Court action against a consortium of African banks (Claim No. 2013-1125), in a dispute with an international oil major and in relation to actions brought by Smith Maritime Inc and Superior Derrick Services LLC in the US District Court, Western District of Louisiana (Civil Action No. 13-CV-0850 and 6:09-CV-048 respectively).

Representation of a leading private equity investor in frontier markets in relation to a LCIA arbitration against a South African joint venture party.

Representation of clients in relation to a swap mis-selling claims against a major UK retail bank following the LIBOR controversy in 2012.

Representation of a substantial client in relation to a multi-million dollar arbitration before the LCIA in respect of a claim under the tax indemnities in a sale and purchase agreement concerning a Russian natural resources business.

Representation of the Defendants to a very substantial Commercial Court action brought by G A Nobes in relation to the Kyurodag oil field in Azerbaijan (2008 Folio No. 491) on enforcement aspects, including cross-examinations of the judgment debtor before Master Jervis Kay QC in January 2013.

Representation of 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). The action came to trial in the Chancery Division before Hildyard J in January 2013 and settled on the first day.

Representation of Tarek Haffar in winding up proceedings issued in April 2012 (No. 2975 of 2012) in the High Court against Mayfair Capital Management Services Limited.

Representation of a substantial German client in an adjudication in March/April 2012 of a dispute concerning a major recycling facility construction project in Portsmouth.

Representation of creditors of Fliptex Limited in relation to High Court proceedings issued against the liquidators (HC11C03626) in October 2011.

Representation of Gamucci Limited in a High Court claim issued in 2011, against a former director for breach of fiduciary duty (HC11C00587).

Representation of EMC Corporation in relation to a dispute with pension fund trustees, including proceedings before the Pensions Regulator, the Pensions Ombudsman and the High Court. These culminated in a successful challenge to the jurisdiction of the Pensions Ombudsman before Briggs J in the Chancery Division in late 2012 [2012] EWHC 3508 (Ch).

Representation of 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.

Representation of 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)).

Representation of 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.

Representation of a financial services client in respect of claims in connection with Kaupthing, the failed Icelandic bank.

Representation of a substantial client in relation to potential claims against advisers arising out of pension scheme equalization issues.

Representation of 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.

Representation of 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.

Representation of 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.

Representation of 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).

Representation of 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.

Representation of a major independent steel trader in relation to the collapse of a very substantial steel plant in eastern Europe.

Representation of 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).

Representation of 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.

Representation of 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.

Representation of a group of investors in claims against trustees and others arising out of a failed collective investment scheme, settled for full value.

Representation of a major multinational client in relation to a claim brought by an Indian company in respect of integrated circuit technology.

Representation of a major independent steel trader in a contractual dispute with a substantial Indian steel company.

Representation of a major German manufacturer in relation to a substantial commercial dispute concerning the sale of a business.

Representation of a Big Four firm of accountants in relation to a significant regulatory matter.

Representation of 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.

Representation of 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)), before Lewison J on Swiss banking secrecy laws Mahme Trust v Lloyds Bank ([2004] All ER (D) 96 (Sep)) and at trial before Evans Lombe J in the High Court ([2006] EWHC 1321).

Representation of 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.

Representation of Andersen UK in relation to Mayflower, which collapsed in 2004. This was the first case before the Accountancy Investigation and Discipline Board.

Representation of a Big Four firm of accountants in relation to a high profile multinational corporate collapse.

Representation of 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 Aluminum Plant v Abdukadir Ganievich Ermatov).

Representation of Severn Trent Water Limited in relation to an internal investigation into accounting and other irregularities alleged by a whistleblower and subsequent SFO and regulatory investigations from 2004 to 2008.

Representation of 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).

Representation of 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.

Representation of 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.

Representation of Granada Media Group Ltd in the defence of High Court proceedings (HQ02X01625) brought by Banks Hoggins O’Shea, in relation to a contractual dispute.

Representation of 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.

Representation of 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).

Representation of 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).

Representation of 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.

Representation of the EMTA (now SEMTA) in High Court proceedings (CH 1997 E No. 4042) against the trustees of the ITB Pensions Funds.

Representation of 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).

Representation of 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).

Representation of 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).

Representation of Phosyn International Ltd in High Court proceedings (1992 Folio No. 1019) brought by Pace International LP in relation to a distribution agreement.

Representation of 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.

Representation of Chemical Bank (as was) in High Court proceedings (1994 Folio No. 573) brought by African Reinsurance Corporation in relation to a fraudulently endorsed cheque.

Representation of 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. 

Named to "London Super Lawyers," Alternative Dispute Resolution: Business, Super Lawyers, Thomson Reuters, 2013-2015

Named a "Notable Practitioner," Dispute Resolution, Chambers Europe

Named a "Leader in the Field," Dispute Resolution, Chambers UK

Listed as a "Leading Individual," Commercial Litigation, Legal 500 UK

Listed as "Highly Recommended," Commercial Litigation, Legal Experts

Recipient, Society of Asian Lawyers Commercial Lawyer of the Year, 2007

Senior Scholar, Trinity College

Chairman, Trinity Law Alumni Association

Speaker, "Litigation Update," ICAEW Forensic and Expert Witness Group Annual Conference, November 2, 2015
Speaker, "Litigation Update," ICAEW Forensic and Expert Witness Group Annual Conference, November 10, 2014
Panelist, "Litigation Funding: A Look At The Industry," The 3rd Annual European Offshore Alert Financial Intelligence & Investigations Conference, November 10, 2014
Panelist, "Should you Join or Avoid Non-U.S. Investor Actions in the U.K., Europe and Beyond (e.g. RBS, Lloyds, Olympus)?," Roundtable Seminar, February 27, 2014
Speaker, "Funding in the Post-Jackson World," LexisNexis Butterworths Webinar, February 25, 2014
Delegate, PRIME Finance 3rd Annual Conference, The Hague, January 27-28, 2014
Speaker, 7th Annual Costs and Litigation Funding Conference, LexisNexis/Butterworths, October 31, 2013
Speaker, "Changing Face of Litigation," CLT Conference, October 2, 2013
Speaker, "Impact of the Jackson Reforms 2013," IBC Legal, July 10, 2013
Speaker, "Maximising Opportunities in Litigation Funding," Fifth Annual Litigation Funding Conference, LexisNexis/Butterworths, May 23, 2013
Speaker, C5 Securities Class Action Conference, May 13, 2013
Panelist, "What impact will DBAs have on Commercial Litigation and Funding," Commercial Litigators Forum Panel, May 2, 2013
Speaker, "Jackson Reforms," LexisNexis Webinar, March 20, 2013
Panelist, "Commercial Litigation: Funding and Dispute Resolution post 1 April 2013," Harbour Litigation Funding Panel, March 13, 2013
Speaker, "Solicitors Costs 2013," IBC Conference, January 29, 2013
Delegate, PRIME Finance 2nd Annual Conference, The Hague, January 28-29, 2013
Speaker, Securities Litigation Webcast, Hosted by Spector Roseman Kodroff & Willis PC, October 25, 2012
Speaker, Institute of Chartered Accountants Forensic Group Annual Conference, October 23, 2012
Speaker, "The Changing Face of Litigation," CLT Conference, October 5, 2012
Delegate, Qatar International Commercial Court conference in Doha, May 5-6, 2012
Speaker, "The Impact of the Jackson Reforms 2012," IBC Conference, February 29, 2012