Civil and Commercial

Nicholas is instructed on a range of civil and commercial disputes including land law, insolvency, company. The following are some of Nicholas’ reported cases:

• Slack and Cox v Sails Management Ltd (2022) Successfully represented the Respondent in the Privy Council.
  
  

• Savage v Tourbillon (2021) successfully applied for an Order on service which clarifies previous Supreme Court position on service locally.

• Yonstones v Bellag (2021) represented the Defendant in repossession claim relating to a secured tenancy.

• Slack and Cox v Sails Management Ltd (2021) successfully obtained the striking out of an appeal based on procedural errors.

• VP v P (2020) Successfully represented the Defendant in a multi-million-pound shareholders dispute.

• Brympton Management Ltd v Bacarese (2020) successfully defended a claim for an injunction removing works carried out to the external part of the property in breach of a works covenant in the underlease. Succeeded on principles of equity. Obtained costs in favour of client.

• Sails Management Ltd v Slack and Cox (2020) successfully obtained an injunction requiring the Defendants to remove works carried out to the external part of the property in breach of covenants. Obtained costs in favour of client.

• Trustee in Bankruptcy v XY (2019) counsel for the Respondent in bankruptcy proceedings. Successfully argued against an extension of the bankruptcy. Authority for when the Trustee can invoke the jurisdiction of the Court in insolvency matters. Awarded costs.

• Brympton Management Limited v Bacarese (2018) counsel for the Defendants and successfully resisted an application for summary judgment in proceedings for breach of covenant. Used legal arguments on breach of cross enforcement, variation of covenants, equity and waiver by conduct. Awarded costs.

• Melvin v Roache and Anor (2017) Instructed by the Claimant in a multi-million-pound unfair prejudice petition.

• C v G (2016) Counsel on an adjudication involving a construction dispute worth hundreds of thousands of pounds;

• Re L Insurance (2016) acted as junior counsel to Charles Gomez in a multi-million-pound claim against a company director settled after intense but short lived interlocutory efforts;

• Beecham Peacock LLP v Mount Grace (2014) Enforced an English judgment in Gibraltar; 

• Re G (2013) Nicholas acted as junior counsel for the protector of a trust in a multimillion-pound international trust dispute; 

Public law and Human Rights

Nicholas is instructed on public law and human rights matters and has appeared in the Supreme Court of Gibraltar for constitutional motions and judicial reviews.

• Inquiry into the retirement of the former Commissioner of Police (2022) Instructed on behalf of the former Commissioner of Police.
  
  
• A A v His Excellency the Governor (2022) Acted in a Constitutional Motion which successfully challenged the provisions in the Gibraltar Crimes Act relating to extra-territoriality and the jurisdiction of the Gibraltar Courts. The effect of this is that the law has been amended.
  
  
• Correa v R (2021) Succeeded in the Court of Appeal by showing that the Supreme Court had fettered the discretion of all sentencing courts dealing with drink driving cases when they required exceptionality to be proven. As a result, the practice of all sentencing courts has changed.
  
  
• Bedhaoui v Parole Board (2021) Represented the Applicant in a Judicial Review of the Parole Board’s decision not to grant Parole.
  
  
• R v Viandas de Salamanca (2019) counsel for the Defendant in a criminal prosecution under the Employment Act. Succeeded in raising a preliminary point based on whether the procedure taken by the Crown was correct in law and succeeded in having the prosecution struck out.
  
  
• Tampin v GGCA (2017) successfully argued that the age limit of 65 for unfair dismissal in Gibraltar were unconstitutional and discriminatory under EU legislation. As a result of this case, persons over the age of 65 are able to claim for unfair dismissal in Gibraltar.
  
  
• Re: BM (2015) Constitutional Motion regarding age of retirement of Judges.
  
  
• M v Minister for Justice (2015) Successful review of legal aid fees in complex fraud cases resulting in a change in law.

Family Law

Nicholas is regularly instructed to deal with complex children matters and high-level financial disputes involving assets in multiple jurisdictions. He is also instructed in applications for child and spousal maintenance as well as contact, residence and relocations.

• P v C (2022) Obtaining an injunction against harassment under the Crimes Act and orders for service out of the jurisdiction.
• G v A (2022) Succeeded in staying Supreme Court proceedings in favour of Spanish proceedings under the Brussels II regulations on habitual residence.
  
  
• A v B (Children) (2022) Successfully represented the Applicant parent in an application for relocation.
  
  
• L v L (2021) Children matters involving allegations of F/II and Parental Alienation
  
  
• M v M (2019) Children matters involving allegations of parental alienation
  
  
• G v V (2019) Maintenance award following forensic tracing of assets.

• V v L (2017) acted as counsel and obtained and urgent ex parte freezing injunction against a pension provider in relation to a high value matrimonial dispute. 

• L v L (2017) acted as junior counsel in financial proceedings in a multi-million-pound divorce with assents in three jurisdictions. 

• M v E (2015) Nicholas was junior counsel in an international multimillion pound divorce settlement involving assets in up to six jurisdictions;

• L v M (2015) Nicholas was junior counsel in a successful application for interim maintenance resulting in one of the largest, if not the largest, ever awards of interim maintenance in Gibraltar;

Employment Law

Nicholas is regularly instructed to advise and represent both employers and employees on employment disputes. Nicholas has experience in advising on all types of employment matters including disciplinary matters, drafting contracts and policies, redundancies, restrictive covenants and bringing and defending claims. The following are reported cases from the Employment Tribunal:

• R v Martin Martin (2022) Succeeded in raising a preliminary point on whether the prosecution could be brought with the result that the proceedings were struck out.

• Macias and Others v Rhino Construction (2021) Represented the Defendant company in claims following redundancies.

• R v Viandas de Salamanca (2019) counsel for the Defendant in a criminal prosecution under the Employment Act. Succeeded in raising a preliminary point based on whether the procedure taken by the Crown was correct in law and succeeded in having the prosecution struck out.

• G v CAL (2019) successfully represented the claimant in unfair dismissal proceedings and obtained an order for costs.

• Tampin v GGCA (2017) successfully argued that the age limit of 65 for unfair dismissal in Gibraltar were unconstitutional and discriminatory under EU legislation. As a result of this case, persons over the age of 65 are able to claim for unfair dismissal in Gibraltar.

• A B v MSTC (2016) represented the respondent employer in a claim for unfair dismissal.

Criminal Law

Nicholas has acted for more than 80 defendants in cases including violence, robberies and drug importation.

CBQ Spring 2015

Nicholas is regularly instructed in high value civil and commercial disputes and appears in both the Supreme Court and the Court of Appeal. 

He is regularly instructed by the Government of Gibraltar to pursue and advise upon taxation debts.

He has recently been instructed in complex multi-jurisdictional financial proceedings, and was involved in obtaining one of the highest ever awards of interim maintenance in Gibraltar. 

Nicholas also advises clients purchasing and selling residential property in luxurious areas, such as Ocean Village, Kings Wharf, Queensway Quay, and Atlantic Suites, and recently represented approximately half of the 900 purchasers in the latest Government Affordable Housing schemes.

He also deals with non-contentious matters and recently advised on the purchase and sale of two local football clubs. 

Nicholas also acts in relation to criminal matters, most recently having been instructed by the Ministry of Defence in relation to a highly publicised criminal investigation and previously as a junior counsel in the Marrache £40 million fraud. 

Other Information

He was elected a committee member of the Gibraltar Bar Council and is involved in a variety of Bar Council matters including Continuing Professional Development. 

He was also elected to form part of the 'People Power' group on Cyber Crime and security in February 2017 and works closely with various agencies and authorities on this. 

Nicholas has an interest in AML and in July 2019 he organised and hosted a well-attended public lecture. The event included guest speakers from the Royal Gibraltar Police, the Gibraltar Financial Unit and the Office of Fair Trade.

Nicholas is a member of the Western Counties Branch of the Chartered Institute of Arbitrators.