proactive and diplomatic Chambers UK 2017

Overview

Nick specialises in Dispute Resolution and Restructuring and Insolvency and has a broad experience of complex and often multi-jurisdictional commercial litigation. He co-chairs the firm's Regulatory Group.
  • Background

    Nick specialises in Dispute Resolution and Restructuring and Insolvency and has a broad experience of complex and often multi-jurisdictional commercial litigation. He co-chairs the firm's Regulatory Group, taking particular responsibility for contentious aspects. Legal 500 2015 describes Nick as “pragmatic and particularly responsive to client needs”, whilst clients refer to Nick as “proactive” and providing “advice which is excellent and commercial in nature”. He was ranked by Chambers UK 2016 as one of their "Up and coming" lawyers.

    Nick joined Ogier in 2007, having previously practised in England with Clifford Chance.  He was admitted as a Jersey Advocate in 2010, and became a Partner in 2013. Nick regularly speaks at firm events.

    Nick was ranked as one of Private Client Practitioner's "Top 35 Under 35" in 2010.

    Admitted in:
    2010 - Jersey
    2003 - England and Wales

    Nick has a broad experience of complex and often multi-jurisdictional commercial litigation.  Nick's practice and recent experience includes:

    Contentious regulatory and enforcement matters - Nick advises financial services clients on the scope of their regulatory duties, as well as on related questions of civil and criminal liability.  He has recently advised a major client in relation to a significant regulatory investigation undertaken by the Jersey Financial Services Commission and associated enforcement remedies.

    Contentious restructuring and insolvency - Nick has successfully acted for applicants in a range of contentious insolvency matters.  Nick acted for Grant Thornton as liquidators in the just and equitable winding-up of Huelin Renouf Shipping.  He also acted for EVIC, the minority shareholder applicant in the successful winding up of a closed-end fund, Greater Europe Deep Value Fund II (the first fund in Jersey to be wound-up on the basis of loss of substratum).  Other work includes successfully seeking the recognition of foreign office holders in Jersey, and successfully applying for a Letter of Request seeking to place Jersey companies into English administration.

    Corporate and fund litigation - Nick advises on a broad range of corporate issues including directors’ duties and shareholder rights. In particular, Nick has acted both for and against companies in minority shareholder actions (both statutory unfair prejudice and common law derivative actions).  Nick has also acted in connection with a number of non-contentious company applications, including applying for a declaration that a shareholder be declared untraceable and Schemes of Arrangement.

    Contentious and semi-contentious trust work - Nick advises on a range of trust and fiduciary matters including in relation to trustee duties and powers, rights of beneficiaries, breaches of trust, validity of trust instruments and mistake.  Recently, he advised a major trust company on the administration of a number of trusts where the trust liabilities exceeded the trust assets, and where the trustee could not pay trust liabilities as they fell due.  Other recent matters include advice on the scope of a former trustee’s right of indemnity and the powers and duties of Protectors.

    General commercial litigation - Nick successfully sought injunctive and declaratory relief against a client’s former employee in a breach of confidence action.

    Nick also acts for the Dean of Jersey in relation to his dispute with the Bishop of Winchester, and in relation to the investigation of Dame Heather Steel into safeguarding in the Deanery of Jersey.

     

    Publications:

    Insolvent Trusts: A further development

    Insolvency in trusts: Representation of the Z Trusts

    Resolution of family disputes and payments to non-beneficiaries - Y Trust [2015] JRC 059

    Exclusive and Inherent Jurisdiction in Jersey Trusts

    Trustees and Dishonest Assistance

    Bribery and Constructive Trusteeship

    Unfair Prejudice in Jersey Corporate Disputes

    Loss of Substratum and Just and Equitable Windings-Up

    Trustee Disclosure

    Author of "Jurisdiction in the dock" - STEP Trust Quarterly Review, Volume 13, Issue 1 2015

    Contributing Author (Jersey) - Sir Antony Colman’s Encyclopaedia of Commercial Litigation

    Contributing Author (Jersey) - Allen & Overy Global Litigation Survey

     

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  • Recognition

    proactive and diplomatic Chambers UK 2017
    Firm without being provocative.... demonstrates a great ability to ensure perspectives are maintained in situations that can become inflamed. Chambers UK 2017
    Bright and thoughtful ... extremely pleasant to deal with. Legal 500 2016
    Pragmatic and particularly responsive to client needs Legal 500 2015
    Up and coming Chambers UK 2016
    Knowledgeable, forthright, doesn't duck asking his clients difficult questions and makes them think everything through Chambers UK 2016
    very helpful, commercial, thoughtful and available where needed. Client feedback, 2016
    The team made themselves available and delivered when we asked them to deliver. Client feedback, 2016
    Extremely Solid Legal 500 2014
    Recommended Legal 500 2013
    Top 35 under 35 Private Client Practitioner 2010
    It was his mastery of the complex legal issues that we were dealing with and how he applied his skill to our operation. Client feedback
    He was just available and he knew his stuff Client feedback
    Nick Williams led the matter very well Client feedback
    The difference was that I felt Nick Williams was on the journey with me Client feedback
    Proactive, commercial and easy to deal with Client feedback