Nicholas Cox

Areas of Practice

Insolvency
Litigation and advice in relation to all aspects of corporate insolvency and reconstruction.

Commercial Litigation and advice
Extensive experience of sensitive PFI and public/private sector contractual disputes (recent examples include transport, defence, immigration service provision , IT services). Highly experienced in mediations and alternative dispute resolution procedures.

Asset recovery
Commercial fraud recoveries: common law contractual, tortious and equitable claims. Proprietary and restitutionary remedies, constructive trusts and tracing and interim remedies (including freezing orders and injunctive relief).

Civil Recovery of the proceeds of crime
Experienced advocate in civil recovery actions and applications under the Proceeds of Crime Act 2002. Regularly instructed on behalf of the Serious Organised Crime Agency.

Public/Regulatory Law
Directors' Disqualification proceedings and public interest winding up.

Company law
Shareholder's rights and remedies, unfair prejudice petitions, just and equitable winding up, derivative actions; directors' duties; company charges, mortgages, debentures and guarantees.

Cases of Interest

2011

• Europeans Limited v Revenue and Customs Commissioners [2011] EWHC 948 (Ch); [2011] B.C.C. 527; Leading case establishing personal liability of directors of companies in MTIC Frauds to pay HMRC costs.
• EU Carbon Emissions Trading Scheme Frauds: Lead Counsel to DECC and DEFRA : Advising HM Govt in connection with proprietary, compliance and European Law aspects of this major international fraud: representing the Departments in related proceedings.
• Land Registry: Advising Land Registry in connection with largest ever claim under statutory indemnity provisions under Schedule 8 of the Land Registration Act 2002
• SOCA v Gary John Robb.: Lead Counsel for SOCA in high profile civil recovery action involving multi-jurisdictional issues and alleged frauds in Turkish-controlled North Cyprus.
• Hussein & Ors v Dayman: Representing Court appointed CJA receiver in ongoing proceedings relating to trust aspects of Hawalla banking
• Border Agency : commercial litigation and mediations: Lead Counsel instructed on behalf of the Border Agency in a series of sensitive high profile commercial fraud proceedings relating to immigration service providers.
• MOD: Advice in connection with a major contractual dispute relating to operational equipment provision.
• Fire Services College: Instructed in relation to disputes arising from training service provision in hostile middle-eastern jurisdiction. Contractual, cross-border insolvency and conflicts aspects.
• National Employment Savings Trust (NEST): Advice to in connection with commercial disputes arising from the activities of this statutory body under the Pensions Act 2008.

2010

• OFT: Lead Counsel instructed in connection with intended proceedings relating to the international sale and marketing of ‘fake' bomb detecting equipment through UK entities.
• ORR v Jarvis Rail Ltd (in administration):Advice on insolvency and public interest aspects of proposed prosecutions arising from the Potters Bar rail crash.
• British Coal Phurnacite Group Litigation : Lead Counsel representing DECC in connection with commercial and insurance aspects.
• National Savings and Investments : Advice and representation in proceedings concerning novel aspects of its statutory powers and duties in connection with the Proceeds of Crime Act 2002.
• Overseas lottery and money payment scams: Developed legal strategies for SOCA to deny fraudsters and return monies to victims.

Previous

• Arbitrator appointed by the Minister of Transport: Determination of multiple disputes under Railways and Transport Safety Act 2005 between British Transport Police Authority and Train Operating Companies.
• Kaupthing Singer & Friedlander (in administration): Represented HM Treasury on the application under the Banking (Special provisions) Act 2008 to place the bank in administration.
• R (on the application of Director of the Assets Recovery Agency & ors) v Green & ors [2005] EWHC 3168 (Admin): Statutory interpretation - civil recovery under POCA 2002. Leading case.
• Yarl's Wood Immigration Centre fire 2002: Harmondsworth Immigration Centre Disturbances 2004: Advising and representing the Home Office in disputes concerning the statutory, contractual and insurance aspects arising from this event.
• Advised upon and drafted Rules for the UK's first Carbon Emissions Trading Scheme: Innovative flagship scheme as part of UK Government's strategy to reduce greenhouse gas emissions. Instructed by Department of the Environment Food and Rural Affairs ("DEFRA").
• Norwich Union Life Insurance Society v Qureshi [1998] CLC 1605; Aldrich and Ors v Norwich Union Life Insurance Co. Ltd [1998] CLC 1621: ss 47-62 of Financial Services Act 1986 ss 47-62 - Guarantees - Insurer's duty of disclosure- Effects of illegality - Unconscionable Conduct - Fraud - Restitution - Remedies - Striking Out.

Appointments

Junior Counsel to the Crown since 1999: 'A' Panel April 2005. Ranked in Band 1 of Treasury Counsel: Chambers & Partners 2009-2011
Arbitrator appointed for Minister of Transport 2002 and 2007 to determine multiple disputes under the Railways Acts.

Languages

French language (good working knowledge).

Professional

Member of the Commercial Bar Association and the Chancery Bar Association.