Nigel Bird

Practice:

Company Commercial litigation
Insolvency
Public Interest
VAT and duties

Profile:

Nigel has an increasingly specialised commercial practice with a broad client base ranging from government departments to individuals in business. His recent court and advisory work has covered large scale company frauds, freezing injunctions , national and international sale of goods, customs duties and exemptions, professional negligence involving large VAT reclaims, Data Protection Act claims, directors’ disqualification, public interest petitions and the appointment of provisional liquidators. Nigel is also a mediator.

Significant Recent Work includes:

Lexi Holdings plc v Luqman (and others) : defending directors against claims for in excess of £50M, breach of fiduciary duty, common law duty and sects.320 and 330 Companies Act 1985 (High Court)

Official Receiver v. (1) Watson and (2) Langford : disqualification proceedings arising out of the failure of “The Accident Group” (High Court)

Castlecare Group v Mckenzie (and others) : dispute arising out of share sale agreement following MBO and the final destination of an escrow fund held in relation to future VAT treatment of the business sold

Mayhood v Cullinan : proceedings brought by foreign registered company in respect of funds held by liquidator of third company concerning assignments and competing claims

BMB Spa : sale of machinery from Italy to UK based company dealing with issues of jurisdiction and appropriate law. Foreign exclusion clauses.

Wicks Plastics v Davis Standard : UK based sale of machinery, sale of goods, incorporation of terms, “battle of the forms” and exclusion clauses

Morris v. DVLA : proceedings brought against the DVLA relating to photo card licences and the passing on of information by DVLA

Latimer v Carney : sect.18 LTA damages following end of lease, proper approach of the court to assessing damages (Court of Appeal)

Re David John Curtis : concerning the correct VAT treatment of disbursements billed by solicitor to client

City of Belfast Warehousing : appeal against HMRC’s assessment of VAT and whether company entitled to reclaim VAT on legal fees paid for members/directors

Manchester City Council v Ingham : proceedings under the Enterprise Act for enforcement orders against “rogue trader”

Numerous public interest petitions issued by the Secretary of State for Trade and Industry against company’s whose business is considered to be contrary to the public interest (in by way of example: bogus charity fund raising, franchising and speculative land investments)

Significant Reported Cases:

Latimer v Carney [2006] EWCA Civ 1417: court’s approach to damages where terminal dilapidations, whether need for expert evidence in respect of diminution in value or evidence of cost of repairs

Static Controls v Egan : [2004] 2 Lloyds Rep. 429: interpretation of terms of commercial guarantee

Secretary of State v Creegan [2002] 1 BCLC 99: proper approach of the court to an application to disqualify a director where the allegations include trading with knowledge of insolvency

Manchester City Council v McCann : [1999] 2 WLR 590: committal proceedings by county court in respect of interference with witness

Recommendations:

Chambers UK 2008
His "personable and down-to-earth style puts clients at ease"
"he is excellent at responding to things, especially when others panic"
"He will persuade you of just about anything" The "bright and effective"

Chambers 2006
“polished performer”

Legal 500: “well known for his director’s disqualification work”

Memberships:
Northern and North Eastern Circuit

Panel:
Junior Counsel to the Crown (Provincial Panel)