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NICHOLAS GOODFELLOW

 

This year, Nick has appeared in the Supreme Court (led by Andrew Stafford QC and Chris Quinn) in the LLP whistleblowing case of Winklehof v Clyde & Co LLP [2014] UKSC 32, and in the High Court (led by Adam Solomon) in a foreign currency trader "team move” case involving allegations of unlawful means conspiracy in breach of financial regulations (First Rate FX Ltd v Trading by Telephone Ltd and others [2014] EWHC 982 (QB); [2014] EWHC 983 (QB)).

Nick has extensive experience of commercial litigation, with a particular focus on disputes in the banking and finance sector and claims against professionals. Nick is regularly instructed in High Court claims on his own account.

Nick acts in a wide range of commercial employment matters and statutory employment claims. Nick has been instructed in various injunction proceedings involving clams for breach of restrictive covenants, misuse of confidential information and fiduciary duties. Nick has also been involved in a number of high-profile discrimination cases which have attracted media interest.

Nick is a member of Littleton’s sports law group. A keen sportsman himself, Nick has represented a rugby player before the National Anti-Doping Panel, and acted for a racehorse trainer claiming unpaid fees and defending allegations of professional negligence.

Nick enjoys his advocacy work, and takes a thorough approach to analysing the issues and arguments in his cases, presenting the case in a pragmatic way. Nick has been described by instructing solicitors as "both professional yet personable”.

Nick obtained 'outstanding' on the Bar Vocational Course, has a first class degree in Natural Sciences, and before coming to the Bar worked as a management consultant.

 

    Banking & Financial Services

Nick has completed a secondment in the banking and finance department of a leading law firm, and has since developed a specialism in this area. Nick’s experience includes the following:

Banking 

  • BA Cash & Carry v (1) NatWest (2) Habib Allied International Bank (QBD): Successfully represented NatWest in defence to a claim for conversion of two high value cheques, and in bringing a part 20 claim against a foreign bank for an implied indemnity in respect of the claim.
  • Allerton Developments (UK) Limited v Royal Bank of Scotland Group plc (ChD): Instructed by RBS in relation to a claim for breach of trust and a secret commission, arising out of a loan agreement.
  • Santander UK plc v Stasis (t/a/ CHL Mortgages)(ChD): Instructed by Santander in a claim relating to the receipt of funds paid out to a third party in breach of trust, in proceedings where two banks disputed the entitlement to frozen funds.

Financial Services

  • Assisted in drafting particulars of claim in proceedings against a bank for mis-selling of interest rate hedge products, under the FSMA regime.
  • Advised an offshore trust on whether loans totalling circa £3million were a ‘regulated activity’ within the meaning of FSMA and/or were regulated by the Consumer Credit Act 1974.
  • Advised on claims brought under the FSA Handbook and the obligations imposed under COBS relating to suitability and advice on investments.

    Commercial

Nick has developed extensive experience in this area, including the completion of a secondment in the commercial litigation department of a leading law firm. Nick’s experience includes the following:

  • Drafted particulars in a claim of professional negligence and breach of trust against solicitors arising out of a property transaction tainted by fraud, in a claim worth circa £1million (ChD).
  • Instructed on behalf of a wealthy UAE individual in proceedings to recover three high value vehicles (including a Bugatti Veyron) with a value totalling circa £1million (QBD).
  • Advised on the construction of a Share Purchase Agreement on an issue potentially worth circa £2million.
  • Drafted particulars of claim for breach of warranty in a share purchase agreement in a claim worth circa £450k (ChD).
  • Instructed by the Defendant in defence to a claim for breach of an alleged settlement agreement, relating to a dispute arising out of an agreement for the operation of a parking enforcement policy at retail premises (Mercantile Ct).
  • Santander UK plc v Foster & Co (a firm) (ChD): Drafted particulars of claim for breach of trust against a firm of solicitors arising out of a fraudulent mortgage transaction.
  • Acted on behalf of two directors of a foreign currency trading business, defending a claim based on alleged breaches of the Money Laundering Regulations, dishonest assistance and/or negligence in a claim worth circa £275k (ChD).

    High Court Employment

Nick has experience of claims involving the misuse of confidential information, enforcement of restrictive covenants, and breach of fiduciary duties. Nick’s High Court employment experience includes the following:

  • First Rate FX Ltd v Trading by Telephone Ltd and others [2014] EWHC 982 (QB); [2014] EWHC 983 (QB): Instructed as a junior (led by Adam Solomon) in a foreign currency trader "team move” case involving allegations of unlawful means conspiracy in breach of financial regulations; acting for the Claimant in successfully obtaining and continuing interim injunctive relief against nine Defendants.
  • Instructed for the Defendant in an interim injunction application to restrain the Defendant from acting in alleged breach of post-termination covenants (QBD).
  • Instructed for a recruitment consultant in defence to a claim for breach of post-termination restrictive covenants.
  • Instructed as a junior in a proposed application for an injunction to restrain industrial action by a critical department of an NHS Trust.

Nick has co-authored an article (with Gavin Mansfield QC) published in the Industrial Law Journal on the Court of Appeal decision in Tullett Prebon plc and others  v BGC Brokers LP and others, and the implications of the decision as regards the scope of the implied duty of trust and confidence in ‘team move’ situations.

    Statutory Employment

Nick has been involved in several high-profile discrimination cases which have attracted media interest:

  • Winklehof v Clyde & Co LLP [2014] UKSC 32 (SC): Instructed as a junior (led by Andrew Stafford QC and Chris Quinn) in the Supreme Court case concerning whether members of LLPs are entitled to statutory whistleblowing protection.
  • SKR v LP Ltd [2013] EqLR 856: Successfully represented the Claimant in an unfair dismissal and sex harassment claim arising out of an affair between the CEO of a leading Property Company and the employee, which led to the employee’s dismissal (see Daily Mail; Telegraph; Standard).
  • Corpe v ITV (ET): Successfully represented ITV in defence to a claim alleging pregnancy discrimination against the former editor of ITV’s show Daybreak (see Daily Mail; Standard)

 

Nick has appeared in the EAT and is frequently instructed in multi-day ET hearings on behalf of individuals and leading corporate clients in discrimination, whistleblowing, unfair dismissal, and other statutory employment claims:

  • Embassy of Brazil v De Castro Cerqueria (EAT): Drafted grounds of appeal for the Embassy in an appeal relating to a jurisdictional challenge, based on whether service had been effected in compliance with the laws of Brazil.
  • Maher v Tasha Foundation (EAT): Acted pro-bono for a client seeking to appeal the decision to refuse her appeal on the ground that it was out of time.
  • Ellis v Mid Staffordshire NHS Foundation Trust (ET): Successfully represented the respondent in defence to a claim by a former physiotherapist alleging direct disability discrimination and a failure to make reasonable adjustments.  

    Sports

Nick is a keen sportsman: he currently enjoys cycling; triathlon; kite-surfing; skiing, and is a former rugby player at county standard. Nick’s experience in the sports sector includes the following:

  • Acted for a rugby player before the National Anti-Doping Panel.
  • Successfully represented a racehorse trainer claiming unpaid fees and defending allegations of professional negligence under the BHA regime.
  • Acted in bankruptcy proceedings on behalf of a senior executive of a leading football club arising out of (disputed) claims under various guarantee agreements.
Nick is particularly interested in the law relating to doping in sport, and has written comments/articles on the following topics:
  • ‘Armstrong, USADA, the UCI, WADA and limitation periods in doping cases’ (view here).
  • ‘Horse racing and doping: Ignorance of the law is a dubious excuse’ (view here).
  • ‘Proportionality in doping cases and proposed revisions to the World Anti-Doping Code’ (view LawInSport.com article here).

 

    Education & Awards

Education

BSc Natural Sciences, 1st, University of Birmingham, (2000-2003)

GDL, BPP (2007-2008)

BVC, BPP (2008-2009)

Outstanding and top mark of year in the drafting paper on the BVC

 

Awards

Hardwicke scholarship, Lincoln’s Inn (2008)

Lord Denning scholarship, Lincoln’s Inn (2008)

Sunley scholarship, Lincoln’s Inn (2009)

Call:      2009
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