Nikki Singla KC

Trusts, probate and estates: contentious

‘His drafting skills are top notch and his knowledge of trusts and offshore litigation is second to none.’ The Legal 500

“He has provided invaluable advice and insight in trust matters, and his grasp of the subject is simply the best. He is very thorough in his research and sharp in his approach in handling complex issues.” Chambers & Partners

He has acted in a number of high-profile trust disputes, and has appeared as advocate (both as junior and King’s Counsel) in the Grand Court of the Cayman Islands, and before the Chief Justice of Bermuda. He has also appeared in the courts of Mauritius. A substantial amount of his offshore practice is in the Channel Islands. He brings to this area of his practice his experience in litigation and witness actions. Many of his cases concern hostile family disputes or divorce where substantial wealth is held in offshore structures.

His recent trusts cases include:

• In the matter of the L Trusts (Guernsey): Retained for the trial defending the trustees in removal proceedings brought by beneficiaries in a complex and acrimonious dispute against the trustees and protector in Guernsey and Jersey.
• Hinduja v Hinduja (Court of Protection): Acting for the Deputy for the head of the Hinduja family amidst complex disputes between separate branches of the family in various jurisdictions.
• In the matter of a Trust (Mauritius): Appeared in the High Court in Mauritius to set aside a substantial settlement for mistake (Pitt v Holt).
• In the matter of AG Trusts (Bermuda): Instructed to advise a beneficiary of various offshore trusts and a Liechtenstein foundation on breach of trust and removal allegations against trustees and protector.
• In the matter of a Trust (Bermuda): Acting for a class of beneficiaries from one branch of the family in contested Beddoe proceedings objecting to the decision of trustees to enter a highly leveraged acquisition of shares for several million dollars.
• In the Matter of the B Settlements (Chancery Division): Acting for Jersey trustees of three settlements who executed defective deeds of retirement (and appointment). Defects discovered many years later. Court applications made for relief, including reclaiming the trust assets and commencing litigation against the solicitors’ firm who drafted the deeds negligently.
• In the Matter of a Trust (Bermuda): Acted for a member of one of the wealthiest Canadian families in the trial of a dispute with his father over the application of trust provisions in a complex Bermudian trust and corporate structure. Case was one of the first to consider the application of trust “jurisdiction” clauses.
• In the Matter of the H Trust (Jersey): Acted for a corporate fiduciary services provider defending beneficiary claims against several defendants for over £30million for alleged fraudulent and negligent investment advice in respect of a large, varied and complex portfolio. Allegations made against well-known accountant and adviser for fraud and breach of trust which led to criminal proceedings.
• In the Matter of a Company (Guernsey): Acted for the defendant corporate fiduciary services provider and director defendants with local leading advocates in the defence of breach of trust proceedings and alleged negligence in respect of investment policy for approximately £10million. Case required consideration of the duties of non-executive directors and offshore corporate services providers.
• Re R Solicitors (Chancery Division): Acted for a former client of a solicitors’ firm in its claim for breach of trust and fraud in the conduct of managing the probate and distribution of a very substantial estate. Beddoe relief sought to pursue the solicitors concerned and compensation sought from the SRA’s compensation fund.
• In the Matter of the B Family Settlements (Bermuda): Acted for the beneficiary of large Settlements established in Bermuda in his claim against corporate trustees for preferring the interests of another member of the family, a well-known and successful businessman, over his own. Breach of trust proceedings in Bermuda.
• In the Matter of the H Trusts (Bahamas): Acting for individual and corporate trustees seeking to retire as trustees from large family settlements set up by a well-known English tycoon. Claims brought by rival beneficiaries prevented the provision of proper and suitable indemnities and security for the trustees.

Download Trusts, probate and estates: contentious CV

International / offshore

‘His drafting skills are top notch and his knowledge of trusts and offshore litigation is second to none.’ The Legal 500

“He has provided invaluable advice and insight in trust matters, and his grasp of the subject is simply the best. He is very thorough in his research and sharp in his approach in handling complex issues.” Chambers & Partners

The majority of Nikki’s work offshore concerns trust litigation and shareholder litigation. He has acted in a number of high-profile trust and corporate disputes, and has appeared as advocate (both as junior and King’s Counsel) in the Grand Court of the Cayman Islands, and before the Chief Justice of Bermuda. He has also appeared in the courts of Mauritius. A substantial amount of his offshore practice is in the Channel Islands. He brings to this area of his practice his experience in litigation and witness actions. Many of his cases concern hostile family disputes or divorce where substantial wealth is held in offshore structures.

His recent trusts cases include:

• In the matter of the L Trusts (Guernsey): Retained for the trial defending the trustees in removal proceedings brought by beneficiaries in a complex and acrimonious dispute against the trustees and protector in Guernsey and Jersey.
• Hinduja v Hinduja (Court of Protection): Acting for the Deputy for the head of the Hinduja family amidst complex disputes between separate branches of the family in various jurisdictions.
• In the matter of a Trust (Mauritius): Appeared in the High Court in Mauritius to set aside a substantial settlement for mistake (Pitt v Holt).
• In the matter of AG Trusts (Bermuda): Instructed to advise a beneficiary of various offshore trusts and a Liechtenstein foundation on breach of trust and removal allegations against trustees and protector.
• In the matter of a Trust (Bermuda): Acting for a class of beneficiaries from one branch of the family in contested Beddoe proceedings objecting to the decision of trustees to enter a highly leveraged acquisition of shares for several million dollars.
• In the Matter of the B Settlements (Chancery Division): Acting for Jersey trustees of three settlements who executed defective deeds of retirement (and appointment). Defects discovered many years later. Court applications made for relief, including reclaiming the trust assets and commencing litigation against the solicitors’ firm who drafted the deeds negligently.
• Re Ascentra Holdings Inc (Cayman): Acting for a minority shareholder and former director of a substantial Cayman entity now in official liquidation in a range of disputes arising out of the liquidation.
• Cloud Innovation v AFRINIC (Mauritius): Acting for the claimant company seeking to prevent its improper exclusion and expulsion as a member from the company managing internet resources in Africa.
• In the Matter of a Trust (Bermuda): Acted for a member of one of the wealthiest Canadian families in the trial of a dispute with his father over the application of trust provisions in a complex Bermudian trust and corporate structure. Case was one of the first to consider the application of trust “jurisdiction” clauses.
• Re a Company (Cayman): Acting for directors and shareholders to ascertain “fair value” under Cayman companies’ legislation for minority shares in a management buy-out. Case concerns intricate matters of share valuation and discounted cash flow valuation techniques.
• In the Matter of the H Trust (Jersey): Acted for a corporate fiduciary services provider defending beneficiary claims against several defendants for over £30million for alleged fraudulent and negligent investment advice in respect of a large, varied and complex portfolio. Allegations made against well-known accountant and adviser for fraud and breach of trust which led to criminal proceedings.
• In the Matter of a Company (Guernsey): Acted for the defendant corporate fiduciary services provider and director defendants with local leading advocates in the defence of breach of trust proceedings and alleged negligence in respect of investment policy for approximately £10million. Case required consideration of the duties of non-executive directors and offshore corporate services providers.
• Re R Solicitors (Chancery Division): Acted for a former client of a solicitors’ firm in its claim for breach of trust and fraud in the conduct of managing the probate and distribution of a very substantial estate. Beddoe relief sought to pursue the solicitors concerned and compensation sought from the SRA’s compensation fund.
• In the Matter of the B Family Settlements (Bermuda): Acted for the beneficiary of large Settlements established in Bermuda in his claim against corporate trustees for preferring the interests of another member of the family, a well-known and successful businessman, over his own. Breach of trust proceedings in Bermuda.
• In the Matter of the H Trusts (Bahamas): Acting for individual and corporate trustees seeking to retire as trustees from large family settlements set up by a well-known English tycoon. Claims brought by rival beneficiaries prevented the provision of proper and suitable indemnities and security for the trustees.

Download International / offshore CV

Professional liability

“He is insightful, persuasive, excellent with clients and has a credibility with the court that is a real strength.” The Legal 500

He acts for claimants against a variety of professionals, in particular, solicitors, directors, and trustees; and he acts for defendants (and insurers who insure them). He has acted in a number of cases concerning the construction and coverage of insurance policies including the minimum terms and EL policies in light of the Trigger litigation, aggregation clauses and coverage disputes. He has particular expertise in claims against directors and D&O policies. He was for a decade one of the appointed counsel on the Prosecution Panel of the Bar Standards Board that prosecutes barristers in breach of the Handbook.

His recent cases include:

• Re a Director (Chancery Division): Acting for one of the directors of a well-known security company defending allegations of negligence and breach of directors’ duties in relation to a sale of the business.
• A & B v C (Bermuda Arbitration): Acting for the Respondent reinsurer in relation to disputes as to coverage and aggregation of several large US claims for negligent lending/investment.
• Penta Ultimate Holdings Ltd v Storrier (Chancery Division): Setting aside default judgment on liability in a negligence claim by a company against its former financial director.
• Trustees of 3 Settlements v A Firm (Expert Determination): Acting for the claimant trustees in their professional negligence claim against former solicitors who had drafted invalid deeds of retirement and appointment. Complex dispute over what heads of loss are recoverable in law.
• Ripples Homeland Security v Osborne Clarke Solicitors (Mercantile Court): Acting for claimant in a professional negligence claim against former solicitors for their role in a failed share sale transaction depriving the claimant of investment capital to take the claimant’s technology to market.
• Symrise v Baker McKenzie (Commercial Court): Acted for the defendant solicitors’ firm in its defence against professional negligence claims arising out of a corporate debt pushdown transaction that resulted in a tax investigation in Mexico.
• In the Matter of the H Trust (Jersey): Acted for a corporate fiduciary services provider defending beneficiary claims against several defendants for over £30million in fraudulent and negligent investment advice. Allegations made against well-known accountant and adviser for fraud and breach of trust which led to criminal proceedings.
• In the Matter of a Company (Guernsey): Acted for the defendant corporate fiduciary services provider and director defendants with local advocates in the defence of breach of trust proceedings and professional negligence in respect of investment policy for approximately £10million. Case required consideration of the duties of non-executive directors and offshore corporate services providers.
• Re R Solicitors (Ch Div): Acted for a former client of a solicitors’ firm in its claim for breach of trust, professional negligence and fraud in the conduct of managing the probate and distribution of a very substantial estate and the handling of the client account. Claims for negligence and fraud commenced against the solicitors concerned and compensation sought from the SRA’s compensation fund.
• IEGL v Zurich Insurance plc (Court of Appeal): Acted for defendant insurer seeking the development of new law that would permit equitable contribution from other EL insurers on risk under EL insurance policies for the expanded liability created by the decision of Fairchild v Glenhaven.
• Re a Hong Kong Bank (Hong Kong): Advising on the application of insurance policies to loss caused to a well-known and large commercial and retail Hong Kong bank arising out of fraudulent activities of a senior executive at the bank. Consideration of adequacy of investigation by the bank and whether compensation given to customers was an insured loss.
• Re A Company (Commercial Court): Advising a large firm of accountants in respect of claims brought against it for allegedly negligent audits and advice.

Download Professional liability CV

International arbitration

“He is really impressive on his feet and gets under the skin of the case really quickly. He sees the commercial side of the case not just the legal matters. He is always on top of the detail and is a very good trial advocate.” (Chambers and Partners)

A significant part of Nikki’s practice is arbitration, both domestic and international and he has experience in acting in institutional arbitrations, ICC, LCIA, DIAC and SCC and ad hoc arbitrations under the Arbitration Act. He has acted as sole counsel, and lead counsel in several domestic and international arbitrations in front of sole arbitrators and arbitration panels.

His arbitration cases cover his breadth of expertise and include a wide range of commercial and business disputes particularly in the fields of complex contracts, joint ventures and director and shareholder disputes, IP licensing agreements, media and entertainment, and professional negligence and company and partnership law.

His recent arbitration cases include:

• A v B (LCIA Arbitration): Acting for contractual counterparty in complex oil dispute, advising on urgent quia timet injunctive relief and on application of s44 Arbitration Act 1996.
• Re a Company (ICC Arbitration): Acting for claimant shareholders seeking damages for conspiracy and relief for unfair prejudice against defendant directors and shareholders of a BVI joint venture investment company.
• A v B (Stockholm Chamber of Commerce Arbitration): Acting for the defendant in the trial of a several billion-dollar gas transit arbitration between state parties in relation to one of the world’s largest transit pipelines.
• E v D (Football Association Arbitration, Rule K): Acting for Premiership footballer in the trial of claims of breach of contract by a former football agent.
• T v D (Ad hoc Arbitration): Acting for solicitor excluded from her firm in the trial of claims for breach of contract, good faith and other partnership duties.
• A v B (DIAC arbitration in Dubai): Acted in the trial for the claimant company building the world’s largest theme park in Dubai against contractors and designers alleged to have acted in breach of the design contract and defending counterclaim for lost profits arising on termination.
• Leeds United FC v Football League (Football Association Arbitration, Rule K): Acting for Leeds FC against the Football League in the trial of the claim to set aside the 15-point penalty imposed on club.
• P v P (LCIA): Acting for Russian oligarch in a commercial dispute with his former joint venture partner over the division of substantial assets, gold and iron mining rights, and corporate participation interests worth several billion dollars, formerly held jointly but now separation sought.
• MB v AB (Ad hoc Arbitration): Acted for the well-known TV celebrity in a claim against a popular TV broadcasting channel over the cancellation of a substantial entertainment contract for alleged misconduct by the celebrity in his personal life.
• AB v CD (Ad hoc Arbitration): Acted for large care home service provider in its dispute over wrongful termination of large local authority contracts for care home service provision and lost profits arising in consequence.
• X v Y (ICC): Acted for a South African manufacturer of weapons in its dispute against a US licence holder which had contracted for the provision of arms to Iraq.

Download International arbitration CV