"Nicholas is recommended for his criminal and civil law work, and has particular experience in construction disputes, contractual disputes and negligence claims."
Notable Cases
Civil and Commercial
Nicholas is regularly instructed in high-value civil and commercial litigation, including civil recovery, commercial landlord and tenant disputes, contract and negligence claims, and claims arising out of the sale of regulated businesses and other commercial assets.
- Serra v His Majesty’s Attorney General (2024) represented the appellants in appeals in the Court of Appeal and the Privy Council, against a civil recovery order under the Proceeds of Crime Act 2015. (Junior to Ian Winter KC).
- Autosport v Sundersons (2023) represented the Claimant in an application for a new tenancy of a large commercial premises following a Notice to Quit.
- 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 service provisions in Gibraltar
- Morley v Crossley (2021) represented the Claimant in a claim arising from the sale of a regulated business, obtained judgment for the full amount.
- Slack and Cox v Sails Management Ltd (2021) successfully obtained the striking out of an appeal based on procedural errors.
- 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. Second reported case on this area of the law.
- 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. First reported case on this area of the law.
Company and Insolvency
Nicholas advises across the full lifecycle of corporate distress and shareholder conflict—from statutory demands and winding-up petitions to complex liquidations and shareholder/unfair-prejudice litigation. He also acts in high value company-director claims.
- Re La Luz Property Services Ltd (2025)Instructed by the directors for an application for the appointment of the Official Receiver on an urgent basis.
- Re ENG8 Limited (2025) Instructed to apply to set aside a Statutory Demand on grounds of a cross claim.
- Derec v Vela Dreams (2024) Instructed to resist the appointment of a liquidator on grounds of a substantial dispute as to debt.
- Re Kijani and Ratio (2023) Liquidation of companies, instructed by a director for claims of $130 million.
- VP v P (2020) Successfully represented the Defendant in a multi-million-pound shareholders dispute.
- 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.
- Melvin v Roache and Anor (2017) Instructed by the Claimant in a multi-million-pound unfair prejudice petition.
- 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.
Arbitration and Adjudication
Nicholas is regularly instructed to advise on questions of construction law arising from JCT contracts. He has experience bringing and defending against adjudications brought under the Housing Grants, Construction and Regeneration Act 1996 as well as enforcing awards through the Supreme Court of Gibraltar.
- P Ltd v T Ltd (2025)issued proceedings out of the Supreme Court of Gibraltar to enforce an Adjudication award; the first time that enforcement proceedings have been brought following an Adjudication award.
- P v T (2024) Representing the Contractor in several adjudications against the Employer, seeking payment of amounts under a contract worth more than £10 million.
- C v G (2016) Counsel on an adjudication involving a construction dispute worth hundreds of thousands of pounds.
Public law and Human Rights
Nicholas acts in constitutional, administrative and human-rights litigation, with experience in both judicial review and constitutional motions before the Supreme Court and Court of Appeal. His work spans challenges to legislation, executive decision-making and regulatory action, often raising complex questions of fair trial rights, discrimination and access to justice.
-
VSB v Government of Gibraltar and Others (2026) obtained a monumental judgment where the general rule of “costs follow the event” was displaced in constitutional claims where the individual has been unsuccessful.
-
RE BR (Coroners Inquest) (2026) Instructed on behalf of the family seeking an article 2 “Middleton” Inquest.
- VSB Ltd v Government of Gibraltar and Others (2025) Instructed on behalf of VSB Limited in relation to a Constitutional Motion relating to the issuing of a Certificate under section 66 of the Landlord and Tenant Act 1983. (Junior to Charles Gomez)
- Inquiry into the retirement of the former Commissioner of Police (2022-2024). Instructed on behalf of the former Commissioner of Police, Ian McGrail. (Junior to Caoilfhionn Gallagher KC and Adam Wagner). Inquiry website - www.coircomp.gi.
- Re NM (Coroner’s Inquest) (2024) Instructed on behalf of the deceased’s family seeking an Article 2 “Middleton” inquest.
- 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. (Junior to Charles Gomez)
- 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. (Junior to Charles Gomez)
- M v Minister for Justice (2015) Successful review of legal aid fees in complex fraud cases resulting in a change in law. (Junior to Charles Gomez)
Injunctive Proceedings
Nicholas is frequently instructed to obtain and resist urgent injunctive relief in commercial, property and personal disputes.
- Goldberg v Europlaza Management Ltd (2025) Issued injunctive proceedings against the Defendant Management Company seeking order for the abatement of noise nuisance. Parties settled.
- Reichelt v Arches Management Ltd (2025) claim for an injunction seeking orders to abate water ingress, obtained remedial works by agreement and costs following summary judgment application.
- S v B (2025) Obtained final injunction following trial, preventing harassment as well as other prohibitory orders relating to a commercial dispute. Obtained costs in favour of client and payment on account.
- S v B (2024) Obtained interim injunction orders preventing harassment as well as other prohibitory orders relating to a work-related dispute. Obtained costs in favour of client.
- R v H (2023) Obtaining interim injunction orders preventing harassment and requiring the Respondent to leave a residential premises. Obtained costs in favour of client. Settled before trial.
- L v L (2023) Obtained interim injuncted orders prohibiting harassment and requiring Respondent to leave the residential premises. Settled before trial.
- P v C (2022) Obtaining an interim and permanent injunction against harassment under the Crimes Act and orders for service out of the jurisdiction. Obtained costs in favour of client. Settled before trial.
- 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.
- 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.
- Ad Valorem v Compson (2015) Assisted Charles Gomez and Daniel Benyunes with setting aside an ex parte interim injunction in the Supreme Court and assisted in defending the appeal.
Family Law
Nicholas acts in complex children matters, including contact and residence, parental alienation, international relocation, jurisdiction and enforcement, and abduction Hague Convention applications.
Nicholas advises on high-value financial cases arising from relationship breakdown, including pre- and post-nuptial (“financial”) agreements, spousal and child maintenance, complex disclosure, and enforcement. Recently, Nicholas has been instructed to provide reports on Gibraltar law for use in the Family Court in England and the Superior Court of California.
Nicholas is retained by the Gibraltar Charity, Men in Need, to advise users of the charity and act on their behalf. Over the last 12 months, Nicholas has advised and represented numerous men obtaining orders for contact and maintenance.
- L v J (2026) Instructed on behalf of the Respondent in Hague Convention 1996 proceedings for a Return Order
- B v ML (2026) Represented Applicant Father in contact proceedings, succeeded in resisting a stay of proceedings in favour of Spanish Courts and showing that the Supreme Court was seised and had jurisdiction. Consideration of interplay between Gibraltar law and EU regulations.
- D v D (2025) Instructed to provide a report on enforcement in Gibraltar for use by the Family Court in England
- Re C (2025) obtained an Order from the Supreme Court under the Hague Convention 1996 for the return of a child who was retained out of the jurisdiction without permission.
- A v A (2025) Instructed to provide a report on Gibraltar law regarding pre-nuptial agreements for use at trial in financial proceedings before the Supreme Court of California.
- P v R (Finances) (2023) Represented party in financial relief proceedings where assets valued at more than £3 million.
- D v D (Children) (2023) Successfully represented the Respondent in a case involving parental alienation.
- 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 is retained by the Teachers Union, NASUWT to advise and act on behalf of its members. 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:
- G v I Ltd (2026) Representing the employer against six figure claims of compensation following dismissal.
- S v G (2025) Claim by an employee for an order declaring a secondment to be permanent as well as damages.
- D v G (2025) Defending an employee against a claim for restitution of money.
- B v G (2023) Successfully represented the Claimant employee (a NASUWT member) in a Supreme Court claim for damages in negligence. Settled for a six-figure sum in damages.
- 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 Respondent employer 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 employee 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. He has been instructed on high profile and publicised cases.
Publications
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, 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
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.
