Nikki Singla KC

International / offshore

“He is a real, genuine leading light.” – Chambers & Partners

 ‘His drafting skills are top notch, and his knowledge of trusts and offshore litigation is second to none.’ – 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 extensively in high-profile international trust and corporate disputes,. He has appeared as advocate (both as junior and King’s Counsel) in the Grand Court of the Cayman Islands, before the Chief Justice of Bermuda, in the Supreme Court of Mauritius, and in the BVI Courts. A substantial amount of his offshore practice is in the Channel Islands.

He brings to this area of his practice his experience in giving strategic advice across jurisdictions. Many of his cases concern hostile family disputes or divorce or joint venturers where substantial wealth is held in offshore structures.

A sample of his recent international/offshore cases include:

• Cloud Innovation v AFRINIC (Mauritius): Acting for the claimant company in its long running dispute in the Supreme Court of Mauritius seeking to prevent its exclusion and expulsion as a member from the company managing highly valuable internet resources in Africa. Further contested hearings for the interim appointment of a receiver/manager over the company.
• Re Ascentra Holdings Inc (Cayman): Acting in the Cayman courts for a minority shareholder and former director of a substantial Cayman group entity, now in official liquidation, in a range of disputes arising out of the liquidation including alleged wrongful transfers of assets.
• Re an Arbitration (Bermuda): Acting for D&O insurers contesting substantial liabilities incurred by insureds for negligent investment advice on the grounds of coverage of various policies and their non-applicability in the event of “related” prior liability.
• 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 of an offshore drilling company. Case concerns intricate matters of share valuation and discounted cash flow valuation techniques.
• In the matter of the L Trusts (Guernsey): Retained to defend at trial the trustees in removal proceedings brought by beneficiaries in a complex and acrimonious dispute against the trustees and protector of trusts in Guernsey and Jersey.
• Hinduja v Hinduja (Court of Protection & International): Acting for the Deputy for SP Hinduja amidst complex disputes between the family as to the ownership of extensive assets held between separate branches of the family in various jurisdictions.
• In the matter of the XYZ Trusts (BVI): Successfully setting aside numerous employee remuneration trusts of a well-known fast-food business for mistake. Complex questions arising as to the nature of relief and rescission in light of corporate restructurings carried out before the mistake came to light.
• In the matter of AG Trusts (Bermuda): Instructed to advise a beneficiary of various offshore trusts and a Liechtenstein foundation on breach of trust claims and removal application arising out of serious allegations against trustees and protector.
• In the matter of a Trust (Bermuda): Acting for a class of adult beneficiaries from one branch of a well-known North American family in contested Public Trustee v Cooper proceedings objecting to the decision of trustees to enter a highly leveraged acquisition of shares for several million dollars.
• In the matter of the L Trust (Cayman): Acted for the trustees of a very substantial trust settled by one of Hong Kong’s wealthiest men, seeking advice in respect of the effects of the exercise of a power to exclude a beneficiary.
• In the Matter of the H Trust (Jersey): Acted for a large corporate fiduciary services provider in its long-running defence of beneficiary claims for in excess of £30million for alleged fraudulent and negligent investment decisions in respect of a large, varied and complex portfolio.
• 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.

Download International / offshore CV

Commercial disputes

“Passionate and clever on his feet, and a go-to advocate for difficult business disputes.” – Legal 500

“Nikki is incredibly hard working and diligent. He is extremely smart and well read. He is smooth as silk.” – Legal 500

 “You want Nikki on your side if you are going to trial” – Chambers & Partners

Nikki has a breadth of expertise covering a wide range of commercial and business disputes. His cases cover complex contracts, civil fraud, joint ventures, director and shareholder disputes, media and entertainment, and professional negligence. His expertise is in equity and equitable remedies including asset tracing. He is an experienced trial advocate.

 A sample of his recent cases include:

• Cloud Innovation v AFRINIC (Mauritius): Acting for the claimant company in its long running dispute in the Supreme Court of Mauritius seeking to prevent its exclusion and expulsion as a member from the company managing highly valuable internet resources in Africa. Further contested hearings for the interim appointment of a receiver/manager over the company.
• Otello Corp ASA v Moore Frères and Co LLC (Chancery Division): Trial determining the complex valuation of a minority shareholding in a substantial and listed company and other related valuation matters in a shareholder’s unfair prejudice petition.
• Convrgnt v Kennedys Dubai LLP (Chancery Division): Trial of preliminary issues concerning the conflict of laws rules and the applicable law to an exclusion/limited liability clause in the retainer of a well-known law firm conducting business in Dubai.
• Re Mulberry Limited (Chancery Division): Acting for the independent directors of an AI start up business venture, defending claims of breach of duty and conspiracy brought by one of the joint venturers behind the business.
• Singularis Holdings Limited (in official liquidation) v Chapelgate Credit Opportunity Master Fund Limited (Chancery Division): Trial determining the calculation of the funder’s share of damages arising out of a litigation funding agreement and whether damages deducted for contributory negligence were to be disregarded.
• Al-Dowaisan v Al-Salam & Others (Chancery Division): Lead counsel at the trial of a Kuwaiti investor’s claim for an account of his substantial property investments in the UK and overseas and related claims for misapplication of his investment monies.
• 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): Successfully acting for Premiership footballer in the trial of his claims of breach of contract by his former football agent.
• T v D (Ad hoc Arbitration): Successfully acting for solicitor-partner in a trial to determine whether she had been excluded wrongfully from her firm. Claims successfully made against the partnership for breach of contract, good faith and other partnership duties.
• The Light Touch Clinic v Forrester (Chancery Division): Acting for well-known cosmetic clinic seeking to enforce restraint of trade clauses against former director and employee setting up competing business and using confidential information.
• Jenington v Assaubayev and Others (Chancery Division): Acting for the defendant directors defending claims of £200million for alleged fraud on AIM investors in respect of capital raising for mineral ventures in Kazakhstan. Contested applications for worldwide freezing orders, search orders, gagging and passport orders.
• eGain v (1) RBS (2) Lloyds TSB and 14 others (Commercial Court): Large internet banking fraud against US company – acted for company obtaining a series of asset tracing orders, freezing injunctions and disclosure orders against fraudulent defendants and several banks and contested interpleader proceedings.
• Ackerman v Ackerman (Chancery Division): Acted for the claimant in the trial of a large complex shareholders’ dispute where a challenge was made to an expert silk’s determination of the division of family corporate assets between two sides of a family.
• Reeves v Sprecher (Chancery Division): Acted for the majority shareholder in a large hedge fund established in London and Nevis in a dispute against the minority shareholder who sought partnership remedies of dissolution and account. Case involved foreign proceedings and considered the jurisdiction of the Court over foreign incorporated companies.
• British Midland Tool v Midland International Tooling (Chancery Division): Acting for the claimant company in the lengthy trial of a large conspiracy claim against former directors who set up a competing business, taking the workforce and other material and breached duties of confidence and other fiduciary duties.
• Bouverie v De Vere Hotels (Chancery Division): Acting for the owners of the famous Belfry Hotel in the trial of a licensing and hotel management dispute with the De Vere group who operated the hotel.
• 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.
• Reachlocal UK v Bennett (Queen’s Bench Division): Acting for NASDAQ listed company in the trial of its malicious falsehood and defamation claims against competitors using social media, Twitter and Facebook, to defame and attack the business.

Download Commercial disputes CV

Professional liability

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