"Nicholas is recommended for his criminal and civil law work, and has particular experience in construction disputes, contractual disputes and negligence claims."
Civil and Commercial Litigation
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.
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.
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.
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.
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.
A v Jyske Bank (2017) acted as counsel for the Claimant in obtaining a favourable settlement.
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 multimillion pound claim against a company director settled after intense but short lived interlocutory efforts;
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;
Marrache (2011 – 2015) assisted and acted as junior counsel in several sets of criminal and civil proceedings arising from the collapse of Marrache & Co in a £38 million fraud;
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;
(2017) Instructed by the Ministry of Defence in a Royal Gibraltar Police criminal investigation into a much publicised events. Clients were not charged.
Ouahabi v Regina (2016/2017) successful parole board hearing leading to an application by the Minister of Justice for the Court's determination as to whether parole should be granted. Ouahabi was convicted of importation of 2.5 tonnes of cannabis resin. The Supreme Court affirmed the Parole Board's decision to grant bail.
R v Vasquez, Garrido and another (2016) Foreign nationals who entered Gibraltar for the sole purpose of stealing two jet skis worth £17,000. Three-day custodial sentence;
R v C (2016) Sentencing in major smuggling case. Suspended sentence where immediate custodial sentence had been expected on the basis of previous cases;
R v M and M (2015) successfully defended one of the Defendants at a major smuggling trial;
El Ouahabi v Regina (2014) Court of Appeal No. 5 of 2014 acted as counsel in an appeal against sentence relating to the importation of 2.5 tonnes of cannabis resin. The Court of Appeal (Kennedy P, Dudley CJ and Potter JA) referred to Nicholas Gomez’s submissions as having “vigour and ingenuity”;
R v M (2014) The Defendant was acquitted on a charge of failure to provide a specimen after a successful argument that the Police had not used proper procedures, following which the Royal Gibraltar Police has revised its protocols;
R v C and Others (2014) Application for abuse of process after the Police had not carried out a proper investigation under relevant codes of practice (See Criminal Bar Quarterly publication Spring 2015);
Re: H (Parole Board) (2014) Succeeded in convincing the Parole Board not to revoke Parole after H (originally imprisoned for 5 years for ABH and aggravated Burglary) was charged with Driving whilst under the influence, ABH and Affray. Principles to be applied by the board were reviewed in this case;
About Nicholas Gomez
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.
Nicholas forms part of the University of Gibraltar’s Law Key Advisory Group providing advice and assistance on University run law courses and studies.
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.