Stephen Nathan QC

Stephen has a diverse practice covering most areas of commercial and company litigation, including private and public international law, and with clients ranging from the small businessman to very large international corporations as well as the UK and foreign governments. He acts as a litigator as well as acting in an advisory role.

Consumer Credit:

Stephen has regularly advised on consumer credit problems and the terms of credit offered by trading corporations. For example, he recently advised a major store-house group on their introduction of a new credit card and a UK car-dealership/garage chain on their new terms of credit sales and hire purchase.

Expert Evidence:

Stephen has given evidence as an expert on English commercial law and company in an action in Denver, Colorado, over control of a corporation and claims of fraud against one director/shareholder.

Construction Law:

Prior to devolution, Stephen acted for the Welsh Office over many years in respect of a number of claims concerning the design and construction of hospitals in Wales (eg Welsh Office v John Laing plc).

John Mowlem and Co plc v Eagle Star Assurance
This was a complicated claim by the main contractor against the architect and one of the two shareholders of the employer for allegedly procuring breach of contract; it involved claims and defences concerning the design and construction of the largest private UK housing development.  Stephen acted for the defendant architect.

Engineering Projects (India) Ltd v Mitsubishi Corpn
This was a major arbitration dispute between main contractors and the principal sub-contractors over the construction of TV studios in the Middle East.  Stephen acted for the successful claimant.

Widnell v Hyde Park Residence
Stephen acted for the claimant quantity surveyors in their claim for fees and their defence to counterclaims of several millions for alleged professional negligence in some 20 construction projects.

Professional negligence law:

Stephen has acted in numerous professional negligence cases, such as:

Virgin Group Ltd v Finers and de Morgan
Claim against solicitors and property consultants over a sale and leaseback agreement.  Stephen acted for the claimant Virgin, which won at trial (and lost in the Court of Appeal).

Airbreak Leisure Group plc
Stephen acted for the liquidator and creditors in relation to their claims for negligence against solicitors, advising accountants and stockbrokers following the collapse of this newly listed public company.

Darville v Ernest Notcutt and Co
Stephen acted for the claimant in his claim for negligence against insurance brokers.

Idealgrange Ltd v Austin Smith Lord
Stephen acted for the claimant in its claim for negligence against the architects over their design of an office development.

Widnell v Hyde Park Residence
Stephen acted for the claimant quantity surveyors in their claim for fees and their defence to counterclaims of several millions for alleged professional negligence in some 20 construction projects.

Zaheri and others v Lawrence Graham
Stephen acted for two claimants against solicitors for professional negligence over loans made to the solicitors' client.

Places Trading Ltd v Kinsale Taverns Ltd
Stephen acted for the defendants in their claim for professional negligence against their insurance brokers.

Stephen has also acted in several professional negligence claims brought against the architects and designers of a variety of apartment blocks, hospitals and hospital facilities and has advised in many solicitors’ negligence cases.

As an indication of the breadth of Stephen’s practice, set out below is some of the litigation in which he has acted:

Kuwait Airways v Iraqi Airways and Iraq
This series of 4 major Commercial Court actions ran between 1991 and 2006. The actions all concerned the seizure of the Kuwaiti civilian airliner fleet and aircraft spares by the Saddam Hussein government of Iraq in 1990. The claims together totalled for approx US $1.7 billion and have been the longest-running litigation in the Commercial Court in recent times. 

Stephen acted for Iraqi Airways and the Republic of Iraq.  At trial, the Defendants succeeded and Kuwait’s claim was dismissed. There were 3 appeals to the Court of Appeal and the case reached the House of Lords on no less than 3 occasions, where major statements of principle were enunciated initially on the preliminary issue of state immunity (with the claim against Iraq being dismissed) and latterly on the principles of the law of conversion and damages. These in turn concerned numerous points and issues relating to private and public international law (eg public policy issues and the recognition of foreign legislation) and commercial matters such as aircraft leasing, aircraft valuation and the proper legal and accountancy treatment of the large number of different heads of claim.

The Kuwait judgments have been cited in more than 125 English judgments so far.

Stephen’s role was interrupted in summer 2003 after the Coalition Provisional Authority took over running Iraq following the 2^nd Gulf War.  He was re-instructed by the Iraqi Government after the Coalition Provisional Authority transferred power back to the new Interim Iraqi Government.

Albon v Naza Motor Trading
In this long-running litigation challenging jurisdiction, Stephen acted for the Defendants over claims of £20m. He was Leading Counsel in relation to 4 judgments from Lightman J and one appeal to the Court of Appeal (October 2007) over the Court’s powers to grant permission for service out of the jurisdiction and to grant an injunction to restrain defendants proceeding with a foreign arbitration already in place.   Central issues concerned the interface between S.9 of the Arbitration Act, the CPR and the principles of ‘Kompetenz Kompetenz’.

Tajik Aluminium Plant v Ermatov and  Others
A multi-million, multi-national civil fraud action in the Commercial Court involving claims of corruption and bribery with claims for inter alia  damages of US$485 million plus interest and the delivery up of real estate on an alleged trust basis. The issues concern English law, Tajik law and Russian law. Stephen acts for one of the defendants. The trial is due to take place in autumn 2008 for 12-16 weeks.

United Co-operative Society and Others v Tui Ltd (Thomson Travel)
An action brought in the Commercial Court for £4 million damages over the Defendant’s decision to axe travel-agency commission payable to five Co-operative Societies.  Stephen acted for the Defendant. The action was successfully settled before trial.

Mansour v Al Thani and the Government of Qatar
Stephen acts for the Government of Qatar in its challenge to jurisdiction over an alleged contract relating to the purchase of pages from a medieval manuscript Qu’ran for the National Museum. The litigation is on-going.

Wearn v HHN Holdings (Naxos Records)
Stephen acts for the Claimant over the commercial/re-recording arrangements for the manufacture and distribution of recordings of a famous collection of memorable classical recordings originally broadcast in the USA in the 1940s.  The claim now involves allegations of falsification of evidence and perjury by the Defendants. The trial is expected to take place in 2009.

Al Rajhi Banking and Investment Corporation v Wall Street Journal (Europe)
Stephen acted for the defendant newspaper concerning allegations against Saudi’s largest Islamic bank relating to its suspected association with terrorist financing. This settled successfully for the newspaper before trial.

Castlecare Group Ltd v MacKenzie and Others
In this £3 million action over warranties in the sale agreement of a company operating children’s care homes, Stephen acted for the Defendants. The case settled just before trial.

Tri-Q Group v Learoyd Group and API Group
Stephen acted for the Claimant in its claims for breach of warranties in a share purchase agreement in respect of a plastics-manufacturing group. The action is due for trial in 2009.

Iraqi Mine Action Services & Humanitarian Consultancy Co. Limited (Jordan) v Bactec International Limited:
Stephen acted for the Claimant in its claims over the profits in a joint venture concerning the sale of mine detectors to the Iraqi Government. The action  was successfully settled.

Al Hashemite Corp. (Iraq) v NMS Sec-Com Limited
Stephen acted for the claimant in this contractual claim concerning the supply of body armour to the Iraqi Government.

Sea Containers v British Railways
This action in the Commercial Court concerned the privatisation of British Rail’s Sealink Ferries and Sea Containers' claim for damages for breach of contract. Stephen acted for Sea Containers.  The claim was settled in mid-trial.

Rafidain Bank v Arab Bank
This action concerned Rafidain Bank's claim for some $18m over unpaid bank guarantees/performance bonds and allegations of fraud. At the interlocutory stage, this was a landmark decision in the Court of Appeal (sub nom. United Trading Corp. SA v Allied Arab Bank and others and IE Contractors v Lloyds Bank and others) on the issue of a bank duties in relation to performance bonds.  Stephen acted for Rafidain Bank, which succeeded in its challenges.

Oxus Gold plc v Templeton Insurance Ltd and Knox D’Arcy Investment Management Ltd
In this substantial action in the Commercial Court, Stephen acted for the Claimant over the claimed failure by its advisers to provide a promised financing package and the financial implications of that.

Valente v Mack
Stephen acted successfully for the claimant in his claim for his share of the $12m proceeds from the sale of a Ferrari GTO 250 (the highest price paid for any car).

Fayed v Emanouel Antiques
This action concerned allegations of fraud by Mr Mohammed Al Fayed against a firm of Mayfair antique dealers.  Stephen acted for the successful Defendant.

Mohammed v Bank of Kuwait and the Middle East
A Court of Appeal decision (1996) on private international law and the principles of forum non conveniens.  Stephen acted for the successful Claimant.

Ferguson Ltd v Sky Television plc
This concerned 2 actions brought by Ferguson against Sky TV over the merger of Sky TV with BSB over the contract for the supply of satellite receiver equipment.  Stephen acted for Ferguson (a subsidiary of Thomson Corp. of France). Te action settled advantageously for Thomson.

HS Weavers Ltd v Drivers and others
This was a claim concerning the collapse of a major London insurance group and the alleged fraudulent conduct of its directors which caused that to happen.  Stephen acted for one of the directors.

Trendtex Trading Corporation v Credit Suisse
This continues to be one of the leading modern authorities in the House of Lords on the law of champarty and maintenance.  Stephen acted successfully for Trendtex.

Daura v HM Customs and Excise
Stephen acted successfully for HM Customs and Excise on appeal following the forfeiture of £3 million cash brought from Nigeria and seized at Heathrow (the largest sum thus far seized on grounds of drug-trafficking). The appeal raised important issues under inter alia Art 6 of the European Convention of Human Rights.

Park Mansions (Knightsbridge) Freehold Company Limited v Park Mansions Management Company
This company litigation in the Chancery Division concerned the principles of shareholders rights as well as the contractual rights of the purchaser of a block of flats and shops in Knightsbridge.  Stephen acted for the Claimant and eventually this involved extended mediation.

GKN Aerospace Services v British Aerospace plc
Stephen advised the claimant in relation to its claims following the withdrawal of an aircraft type from manufacture.

Stephen has acted for, and advised, a number of Arabic banks over bank guarantees and their enforcement (including Saudi American Bank, Banque du Caire and HSBC Bank of the Middle East).

Stephen’s recent commercial law advisory work has included:

Advising a hedge fund partnership (Och-Ziff Capital Management Group LLP) on its contract terms for its public offering,

Advising the Royal Library of Denmark on its claims against auction houses and thieves over the theft of £1m-worth of books,

Advising on a major travel company’s agency contracts (Tui Ltd) and advising on the provision of financial services under the Consumer Credit Act.

Civil Fraud:

Tajik Aluminium Plant v Ermatov and Others
This is a claim in the Commercial Court for $485 million (and up to 10 years of interest) in respect of benefits allegedly obtained by corruption and bribery of a senior state official in Tajikistan. The action involves multi-jurisdictional and P.I.L issues.  Stephen acts for one of the defendants. Trial is fixed to take place in autumn 2008.

Beasant v Fugler and Pegasus Property v Beasant
These cross-actions concern the funding of a series of joint property ventures and parties’ respective accounting obligations, with central allegations of misappropriation of funds, perjury and the role of Mr Fugler, as party to and solicitor for the ventures. Stephen acts for Mr Beasant. Trials are set to take place in 2008.

Kana Trading Co Limited (Japan) v Doracana Resources Limited and others
Stephen acted for the successful claimant in this substantial fraud recovery action over the import of motor vehicles from Japan to the UK.

Anselm v Anselm
Stephen acted for the defendant in a bitterly-fought partnership dispute concerning the ownership and management of Hobbs (the clothing retail-chain) and allegations of theft and fraud by the defendant. The action settled in mid-trial.

HS Weavers v Drivers and others
This was a claim by the liquidator of a major UK insurance group for fraud against its directors, following the collapse of the group.  Stephen acted for one of the directors.

Cross v Wordplex
This was a claim for compensation by a former managing director who had been ousted during a take-over battle of his public company and who was charged with insider dealing.  Stephen acted for the claimant director. The claim was settled in mid-trial.

Brennan v Alpert
Although in the form of a slander action, this action concerned the fraud and dishonesty of the leading US managers/underwriters of airline insurance over claims in two major air disasters (Pan Am 103 (Lockerbie) and PSA 1771 in California). Stephen acted for the defendant, a former executive. The action was eventually stayed on grounds of forum non conveniens and the Plaintiff and the insurance company were subsequently convicted of fraud in New York.

Littlewoods Organisation v Virage Ltd and Leese
Stephen acted for two prominent businessmen in a counterclaim brought by a major UK retailer/mail-order company against his clients and two executive directors of the retailer for fraud, conspiracy and dishonest receipt of moneys concerning the establishment of a Far East direct-procurement operation. The action settled just before trial.

Iraq v Al-Shawi
Stephen acted for the Iraqi government in its claims against its former ambassador to Canada for misappropriation  of the contents of the Embassy safe.

Fenmore International Ltd v Potter and Others
Stephen acted for the claimant in this substantial action over advanced fee frauds operated in the UK, the USA, Canada and the Middle East.

Stephen has acted in a number of commercial arbitrations and has been involved in High Court litigation concerning the Arbitration Act 1995. He also sits as an arbitrator.

Albon v Naza Motor Trading
In this long-running litigation challenging jurisdiction, Stephen acted for the Defendants over claims of £20m. He was Leading Counsel in relation to 4 judgments from Lightman J and one appeal to the Court of Appeal (October 2007) over the Court’s powers to grant an injunction to restrain a defendant proceeding with a foreign arbitration already in place.  Central issues concerned the interface between S.9 of the Arbitration Act, the CPR and the principles of ‘Kompetenz Kompetenz’.

Stephen is the Claimant-appointed arbitrator in a LCIA arbitration involving contract dispute between Erin Aviation and Bombadier Inc (dispute over the purchase of aircraft) and was the Claimant-appointed arbitrator in another LCIA arbitration between Kuat Amlon Munia Venture and Uni Oil AG.

Whitehead (UK) v Hyundai Motor Co (Korea)
Stephen acted for the Claimant in proceedings following Hyundai’s decision to sack its management team in the World Rally Championship. It involved both a commercial dispute in the arbitration and a further commercial defamation claim.

Rutland County Council v Paul Bancroft
Stephen acted as ‘expert’ to provide an expert determination between two insurers (Admiral and PI Brokerline) concerning their respective liabilities under their policies.

Advertising and Promotions & Gaming and Betting Law:

Stephen is one of the few members of the Bar currently on the Bar Council’s specialist list in this area.

Landmark case:  Stephen acted for Imperial Tobacco in the landmark decision in the House of Lords in Imperial Tobacco v Attorney General over the issue as to what constitutes a lawful lottery and competition.

Since then, he has regularly advised in respect of a very large number of lotteries, gaming and promotional schemes, including NHS Lotto and Club Keno and various schemes operated by some major book-makers. Stephen’s clients have come from both sides of “the street”, ie the Lottery Commission (previously the Director of Lotteries) as well as numerous major UK corporations.

He has (November 2007) been responsible for the submissions to the House of Commons Select Committee on Culture, Media and Sports on behalf of two well-known book-makers.

Defamation, Media and Privacy:

Stephen acted as a libel reader for the Observer newspaper for 15 years.

Defamation, Media and Privacy:

Stephen has acted in a number of defamation actions and media-related actions, such as:

Attorney-General v The Observer (‘Spycatcher’)
In these injunction proceedings brought by the UK government against the Observer and Guardian newspapers. Stephen acted for the Observer in the first "round". He acted as Counsel for the Observer at each level. The appeal to the House of Lords concerned the issue of protection of confidentiality.

Meacher v The Observer
Stephen acted for the successful defendant newspaper and the political columnist, Mr Alan Watkins, in the libel action brought by Rt. Hon. Michael Meacher. (The trial was the subject of Watkins’ book, "A Slight Case of Libel".)

Charles Tayor v Times Newspapers
Stephen acted for the claimant, then President of Liberia, in his libel action against the The Times newspaper over allegations of inhuman treatment of opponents, including cannibalism.

Whitehead (UK) v Hyundai Motor Co (Korea)
Stephen acted for the Claimant in proceedings following Hyundai’s decision to sack its management team in the World Rally Championship. It involved both a commercial dispute in the arbitration and a  further commercial defamation claim.

Quinton v Peirce
Stephen acts for the Defendants in this action for alleged malicious falsehood brought against an elected District Councillor and his agent by their opponent, following the latter’s loss of his seat in the 2007 Oxford Council election. The claim also includes a rare form of claim under the Data Protection Act, alleging that the defendant Councillor is a ‘data processor’ of ‘sensitive personal information’ because of the publication of ‘political information’ published in election pamphlets.

Porter and another v Davies
Stephen acted for the two claimant consultants over the publication of a series of alleged libels in a book concerning the murder of infants by Nurse Allitt at Grantham General Hospital.

RSPCA v British Assoc. of Sheep Exporters
Stephen acted for the RSPCA over a series of allegedly libellous advertisements.

Coff v Bedfordshire County Council
Stephen acted for the defendant council in an action brought a property developer over a Council press statement.

Nixon v Channel 4 Television
Stephen acted for the claimant in this substantial libel action over allegations of medical malpractice by him as a senior Harley Street consultant.

Halpin v Oxford Brooks University
Stephen acted for the defendant in its successful appeal to the Court of Appeal.

Aspel v Daily Express
Stephen acted for the claimant actress (wife of Michael Aspel) in her action against the Daily Express.

Stephen has acted as mediator in a number of commercial mediations involving banking  and commodity contracts, professional services, a ship-charter  and partnerships.

He has also acted as Counsel assisting/advising one of the parties in various mediations, most recently one involving claims between joint venturers in a multiple-property development business.

Publications:

Stephen is one of the co-authors of Employee Competition, Oxford University Press (2007).

‘Interest on Costs’ Solicitors' Journal (Sept. 1992)