Nicholas Luckman

Overview

Nick is the Practice Director at Wilberforce Chambers.

Nick works with the Practice Management Team and our barristers at Wilberforce to deliver a high level of service to all our clients. He sits on the Management Board and is responsible for instigating and delivering agreed business strategies. Nick has specialist experience delivering professional services to domestic, international and offshore legal markets.

Thomas Robinson

Practice overview

Tom has a strong commercial / chancery practice with particular emphasis on pensions, insolvency and corporate matters, including directors’ duties and shareholder disputes. He has been recommended as a leading junior by The Legal 500 and Chambers & Partners for several years. Recent entries describe him as “incredibly tenacious”, “an excellent strategist and an extremely effective advocate” and note that he “has never appeared without having complete mastery of his papers and his arguments and is always quick on his feet.” He also has a particular interest in regulatory proceedings and has been instructed regularly by the Pensions Regulator, the FRC and the Dubai Financial Services Authority. He has appeared before the Court of Appeal as sole counsel and in the Supreme Court as well as the Dubai Court of First Instance and numerous tribunals.

Tom has been nominated as “Insolvency / Restructuring Junior of the Year” at the Chambers UK Bar Awards and was ‘highly commended’ in Legal Week’s “Stars at the Bar”. He currently contributes to “Company Directors: Duties, Liabilities and Remedies” (O.U.P.) and co-edits Sweet & Maxwell’s “Kerr & Hunter on Receivership and Administration”.

His six-month placement with the commercial litigation department of a firm in Guernsey at the outset of his practice gave him experience of offshore litigation as well as direct exposure to a wide range of clients. He continues to work in offshore jurisdictions.

Alan Gourgey KC

Practice overview

Alan is a prominent and very experienced commercial silk, who was shortlisted for Commercial Litigation Silk of the Year at The Legal 500 Awards 2022. Alan was also listed as one of The Lawyer’s Hot 100 in 2020, which recognises 100 “lawyers of the moment who are shaping the legal profession right now”. Furthermore, he was shortlisted for Commercial Litigation Silk of the Year Award at The Legal 500 Awards 2019. He is recommended by the legal directories as “a real star” for civil fraud as well as commercial dispute resolution, commercial chancery, insolvency and IT litigation. Regarded as “a brilliant all-rounder” who is truly “outstanding” and a “go to for high value briefs”, his areas of practice also cover arbitration, banking litigation and company law.

Alan has extensive experience in corporate disputes, joint venture and shareholder issues, minority shareholder rights and unfair prejudice petitions, claims involving banks and other financial institutions, contractual disagreements, and complex commercial litigation generally. The legal directories note that he is a highly respected commercial silk who is adept at handling civil fraud matters, corporate and insolvency disputes, and litigation in the area of IT and technology.

In addition to appearing/advising the English Courts, Alan also has considerable international experience in commercial disputes particularly in relation to international arbitration.

Tim Penny KC

Practice overview

Tim was awarded ‘Chancery Silk of the Year’ at the Chambers & Partners UK Bar Awards 2023. He is a specialist in high-value multi-jurisdictional commercial litigation, WFOs, Search Orders, commercial fraud and asset tracing, shareholder disputes, court-appointed receiverships, banking and financial services related claims, commercial arbitration, breach of confidence, ‘soft’ intellectual property and more recently cryptocurrency disputes.

He has been instructed recently to advise and act in many high-profile commercial cases, including acting for the main defendant and the 17th defendant during a 20-week Commercial Court trial in Suppipat v Narongdej 2023] EWHC 1988 (Comm), a $1Bn claim under Thai law and s.423 of the Insolvency Act 1986, for the Bank in Invest Bank v El Husseini [2023] EWHC 2302 (Comm), an important Commercial Court decision concerning enforcement of foreign judgments at common law, for Luxembourg investment funds in a fraud and abuse of process claim in the BVI in VDHI v MBFX (1st instance and Court of Appeal) and for 2 of the 6 defendants In Abu Dhabi Commercial Bank v Shetty & others [2022] EWHC 529 (Comm) – a $1B+ claim arising out of the collapse into administration of NMC Health PLC (2020-2022).

He has been involved in a number of important recent cases in the developing area of receiverships by way of equitable execution and cross-border recognition of court appointed receivers, including being retained by English Court Appointed Receivers in litigation in the Turks and Caicos Islands, and he is the author of the chapter on cross-border recognition of court appointed receivers in Kerr & Hunter on Receivers and Administrators, 21st Edition. He has also been involved in many of the leading recent cases on collective investment schemes in the Supreme Court and Court of Appeal. During the COVID lockdown, he obtained a diploma in Cryptocurrency at LSE, and has been instructed recently on fraud claims involving the misappropriation of cryptocurrency, including the leading case on crypto trust claims, Wang v Darby [2022] Bus L.R 121.

Tim is called to the Bar in the BVI, and regularly litigates not only in the London Commercial Court and the BVI but also in Cayman and other offshore jurisdictions. Tim is ranked in the directories in both commercial chancery and civil fraud.

Lexa Hilliard KC

Practice overview

Lexa Hilliard KC is a popular and well-respected silk who is recommended by the legal directories as a leading silk for commercial dispute resolution, commercial chancery, company, insolvency and professional negligence. Her expertise also covers arbitration, banking and finance as well as fraud. She regularly advises in connection with offshore disputes in the Channel Islands, the Caribbean and the Isle of Man.

Between 1990 and 2011, she practised from South Square. Prior to that she lectured in law at Durham University.

She regularly provides talks, podcasts and webinars. She is a contributor to the leading text on directors’ duties “Company Directors – Duties, Liabilities and Remedies” OUP 3rd Ed.

Tiffany Scott KC

Practice overview

Tiffany’s practice encompasses “business” litigation of all kinds, trusts and estates disputes, property litigation and professional liability claims. As a result of her solid grounding in chancery/commercial matters she is comfortable dealing with a wide range of cases. In all areas of her practice she can bring to bear considerable technical expertise and experience in relation to attacking and defending trust structures and in dealing with proprietary and equitable interests. She takes on complex civil fraud proceedings and asset recovery litigation, often with an international element, fund and partnership disputes and shareholder disputes.

She is one of the leading names at the Bar in her fields of practice and is described in the directories as being “just brilliant in Court”, a “tough and tenacious advocate”, “sharper than a scalpel when dissecting witnesses”, and also “extremely good at handling appeals”. She has appeared before Courts and Tribunals at all levels including the Supreme Court and the Privy Council and she enjoys “rolling up her sleeves” and working as part of a litigation team. She is well known for being pragmatic and commercial, for distilling complex points when advising and at Court, and for handling her cases and clients with care and efficiency. She is recognised for her meticulous preparation of cases, attention to detail and first-rate drafting skills. She takes care to explore issues with her clients and find strategic and creative ways to approach the various problems that arise in practice.

Tiffany is recommended by the directories as follows:

  • by Chambers & Partners in the fields of chancery traditional, chancery commercial, real estate litigation, and professional negligence;
  • by The Legal 500 in the fields of private client – trusts and probate, property litigation, and offshore;
  • by Chambers Global in the field of dispute resolution: commercial chancery;
  • by HNW Guide in the field of chancery: traditional;
  • by Who’s Who Legal in the fields of Private Client and Real Estate

Thomas Grant KC

Practice overview

Thomas practises mainly in the Chancery Division and Commercial Court, as well as in the BVI and Cayman Islands, and has particular experience in heavy multi-party disputes. Regarded as one of the leading advocates at the commercial chancery Bar Thomas was awarded Chancery Silk of the Year 2021 by Chambers and Partners. He spends a good part of his professional life in the courtroom and has appeared in a very large number of reported decisions (over the last four years alone Thomas has appeared in over 40 reported cases). Thomas also has a substantial international arbitration practice. In the last few years Thomas has been instructed in some of the most high-profile commercial and fraud claims in the English courts.

He is recommended for civil fraud, commercial chancery (band 1), real estate litigation and professional negligence in Chambers UK Bar 2024, and for commercial dispute resolution in Chambers Global (band 1). He is also recommended for civil fraud (Tier 1), commercial litigation, banking and finance, property litigation, professional negligence, and company in The Legal 500 UK 2024. The Legal 500 2024 said that “Put quite simply, he is the pinnacle of the London Bar” (The Legal 500, 2024).

Thomas has a particular interest in fraud claims and is well known for his expertise in obtaining and defending freezing and related interim orders, including Norwich Pharmacal orders. He is also well known for his experience in contempt applications arising out of fraud claims, having appeared in some of the most significant cases in this area over the last 10 years. He is also instructed to provide chancery and company law input in very high-value matrimonial disputes and has appeared on a number of occasions in leading cases in the Family Division.

He is the author and editor of many leading textbooks, including Civil Fraud: Law, Practice and Procedure, details of which can be found under ‘Publications’. Since its publication in 2018 Civil Fraud has been cited with approval over 35 times in the English and overseas courts, making it perhaps the most cited textbook of the last 5 years.

His advocacy has been commended by the Court of Appeal as “lucid and compelling” (Zinda v BOS) and as “engaging and very able” (Platform Home Loans v BOS).

Thomas’ book on the life and work of Sir Sydney Kentridge KC, The Mandela Brief, was published in Summer 2022.

Nikki Singla KC

Practice overview

Nikki is recognised as one of the leading advocates at the Bar for commercial and chancery litigation. The Legal 500 describes him as “fantastically clever, an excellent technical lawyer and advocate. A Rolls-Royce among silks”. He has been instructed in some of the largest cases in the High Court and overseas. He is recognised in the directories as one of the leading names and has been the winner of the awards Business Litigation Barrister of the Year and Private Client Barrister of the Year.

He has been retained in a wide range of commercial, trusts, civil fraud and asset recovery, company and business litigation cases. He has appeared as lead advocate in reported cases particularly in the fields of complex contracts, shareholder oppression and corporate valuation, joint ventures, trustee and fiduciary disputes, and professional negligence (particularly of trustees and directors).

He is an experienced court-room advocate. He appears regularly in the Chancery Division and the Commercial Court, and also in courts offshore. He has appeared as lead counsel (leading local attorneys and juniors) and has been called to the Bar in Mauritius, Bermuda and the Cayman Islands. Many of his cases have a strong international element particularly the Caribbean, the Channel Islands, the PRC and the Middle East.

In his early years at the Bar, he taught contract and trusts law at Oxford University and brings to his cases his expertise in equity, equitable remedies including asset tracing, trusts and company law.

He is happy to take appointments as expert or arbitrator. He has been appointed a Recorder of the Crown Court.

Jonathan Seitler KC

Practice overview

Jonathan currently stands top of the pile in terms of KCs for heavy and important property litigation and property-related professional negligence work. In 2023, Legal 500 says that Jonathan’s “advocacy skills and powers of persuasion are second to none 
 controlling the courtroom” and that he is “very user-friendly, a creative strategist and a superb advocate. Always impresses clients”. Another edition said that “his analysis is razor sharp” and “he is very bright and highly commercial”.

In 2022, Jonathan was awarded Chambers & Partners’ Real Estate Silk of the Year, for the fourth time (a record), along with The Legal 500’s Award for Real Estate, Environment and Planning Silk of the Year. In 2023, Jonathan won Chambers & Partners’ Professional Negligence Silk of the Year. Jonathan has accomplished these plaudits with a simple approach: his enormous success and enduring popularity has been achieved by immensely hard work, deep attention to detail, speed and decisiveness.

Jonathan is presently involved in many of the leading cases in property litigation and property-related professional negligence and is widely respected and admired for bringing to every matter, irrespective of how complex, clarity, commitment and care. Jonathan is strongly of the view that technical excellence in legal matters can be found quite easily: what makes the difference in terms of a successful lawyer are abilities on top of those – the ability to communicate clearly and effectively with clients and in particular to reflect their commercial objectives; the ability to think strategically about how to counter the move that the enemy is going to make next (even if it hasn’t yet thought of it itself); and ultimately, the ability to persuade the court to do something that it wouldn’t otherwise do.

Jonathan has been Deputy Head of Chambers at Wilberforce since 2016.

James Bailey KC

Practice overview

James Bailey KC has developed a successful practice focused on commercial chancery, civil fraud, international arbitration, insolvency and company matters. James is consistently recommended in the leading legal directories in the Commercial Litigation, Commercial Chancery, Company and Restructuring & Insolvency categories.

James’s experience relates to all levels of court in England. His work also has a significant international dimension including cases relating to the Cayman Islands, the Bahamas, the U.S., Switzerland, Slovenia, North Macedonia, Italy, South Korea, Hong Kong, Malaysia and Japan. James has been instructed as an expert on matters of English law in courts abroad and his commercial work includes international arbitration. He is often involved in obtaining worldwide freezing order and passport orders.

James’s recent work includes significant Chancery Division trials. In the Blackmoor Capital litigation he successfully defended and prevented a contentious attempt to seize ownership of 50% of a Cayman fund (further details in sections below). James is also frequently involved in actions that centre on the interests of shareholders and directors.

He has acted for claimants in various construction arbitrations seated in each of Switzerland and Slovenia, and for two defendants in enforcement proceedings of a $1.5billion U.S. arbitration award in England arising out of a dispute in the steel industry between the Arcelormittal and Ruia controlled groups of companies. James enjoys litigation that is legally technical. He was involved in the cross-border dispute arising in the high profile Gray v Hurley litigation which raised novel points pertaining to the conflicts of laws.

James has been involved in cases that are of real legal and commercial significance. He appeared in the Thevarajah litigation in the Supreme Court pertaining to the Jackson Reforms, he established the continued existence of multiple derivative company actions post-2006, and was part of the team that facilitated the corporate restructure of Force India into what ultimately became the Aston Martin F1 racing operation.