Stephen Nathan QC

Stephen has a diverse practice covering many areas of commercial and company litigation, including private and public international law, arbitration work both as counsel and as arbitrator, and media and privacy law. His clients range from individuals and small businesses to large multi-national corporations, as well as the UK and foreign governments. He acts as a litigator as well as in an advisory role. The issues covered by his practice also engage a wide range of human rights and EU law.

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

• Imerman v Tchenguiz
  This QB action concerned the Article 8 privacy rights of a businessman  and the Article 6 and 10 of his brother-in-laws, the Tchenguiz defendants, who all  shared computer facilities.  Stephen acted for the Tchenguiz family and the other defendants in this action. Following the Court of Appeal decision in July 2010 and before appeal to the Supreme Court, the action was settled. The CA judgment set out major principles regarding privacy, including the demise of the Hildebrand rules.
• Earlcrown Ltd v Leconfield House Ltd
  This Chancery Division action concerned inter alia part of the £355 million profit  made by Robert Tchenguiz and Vivian Imerman from the sale of Whyte & Mckay and allegations by Mr Tchenguiz that part had been diverted by Mr Imerman to his own company, Earlcrown. Stephen acted for Mr Tchenguiz. The action was settled in October 2010.
• Rayden v Edwardo Ltd and Vincent Tchenguiz
  This was a Chancery Division action in respect of a personal guarantee given by Mr Tchenguiz in relation to the purchase of a property business,  Stephen acted for the Defendants.
• The Moriarty Public Inquiry
  A long running Public Inquiry in the Republic of Ireland into allegations of public corruption against Mr Michael Lowry, the former Minister of Telecommunications, and an Irish multimillionaire businessman, Mr Denis O’Brien, Stephen represented the English solicitor of Mr Lowry. The Tribunal’s report has not yet been published.
• An Electrical Generating Company v Tamil NaduElectricity Board
  Stephen acted successfully for the Tamil Nadu Government in a long-running LCIA arbitration (2008 to 2010) over the determination of electricity supply costs and the costs of constructing an electricity power station in India. The arbitration was heard by a tribunal consisting of the former Chief Justice of India, a retired Supreme Court judge and the former AG of India. This was a test case involving approx $400 million.
• Kuwait Airways v Iraqi Airways and Republic of Iraq
  This series of 4 Commercial Court actions ran initially between 1991 and 2006.  In 2010 it was revived when IAC recommenced flight operations to the UK. The actions concerned the seizure of the Kuwaiti civilian airliner fleet and aircraft spares by Saddam Hussein in 1990. The Kuwaiti claims total US $1.2 billion and these actions continue to be the longest-running litigation in the Commercial Court.
• Stephen acted for Iraqi Airways and the Iraqi Government. 
  There were 3 appeals to the Court of Appeal and the case went to the House of Lords on 3 occasions, with major statements of principle enunciated on issues of state immunity and principles of  conversion and damages. These actions raised numerous issues of private and public international law and commercial matters such as aircraft leasing, aircraft valuation and the proper legal and accountancy treatment of the heads of claim.
• The KAC v IAC 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 2nd Gulf War. He was re-instructed in 2005 to 2006 and again in 2010 by the Iraqi Government. The proceedings are on-going.
• Albon v Naza Motor Trading
  In this long-running Chancery Division 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  over the Court’s powers as to service out of the jurisdiction and  the grant of an injunction to restrain  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’.  The judgment has been cited so far in more than 50 other English judgments.
• Harty v Sabre International Security
  This on-going QBD action concerns issues of jurisdiction and the principles to be applied as between trial in Iraq or England in a major personal injuries claim. Stephen acts for the Defendants.
• (R) Technologies Ltd v (N Limited)
  This is an on-going commercial arbitration involving contract, confidential information and copyright  claims. Stephen acts for the Defendants.
• Kagalovsky v Gusinski
  This is an action relating to a partnership in the ownership of a TV station. The Claimant seeks an anti-suit injunction in order to bring an end to major commercial proceedings for fraud in the New York Supreme Court and to oblige the Defendant to bring his claims in England instead. Stephen acts for the Defendant, Mr Vladimir Gusinski.
• Hashwani v Jivraj
  In this Commercial Court action, the issue concerned the rights of an arbitrator under the EU Employment Directive and the Religion/Belief Regulations 2003 and the right of a party to an arbitration to appoint whomsoever he may wish as an arbitrator, irrespective of his religion. Stephen acted for Mr Hashwani. 
• Humana Europe Ltd v SB Developments
  In this Chancery Division action over remote computer-services for monitoring health equipment, Stephen acts for the Claimant. Following injunction proceedings at an early stage, the trial is due to take place in 2010/2011.
• R v Bhojwani
  In 2010 Stephen acted as adviser to the appellant, Mr Bhojwani, in his Jersey appeal against conviction for money laundering in respect of US$44 million and a 6-year prison sentence. The appeal inter alia raises numerous human rights issues under Art 6 of the European Convention and Public international law issues.
• Richards and Whiston-Dew v HMRC
  In these JR proceedings in 2010, the Claimants complained in respect of alleged abuse of their rights in the issue of search warrants to HMRC, their execution and HMRC’s refusal to provide information. Stephen acted for HMRC. The claims were dismissed at a full hearing.
• John and Welden Turnbull v HMRC
  In these JR proceedings in 2010, Stephen acted again for HMRC. The Claimants complained in respect of alleged abuse of their rights in the issue of search warrants to HMRC and their execution. The claims were dismissed.
• Tajik Aluminium Plant v Ermatov and Others
  A multi-million, multi-national civil fraud action in the Commercial Court involving allegations of corruption and bribery involving the state entity with claims for damages of US$485 million  and the delivery up of real estate on an alleged trust basis. The issues concerned English, Tajik and Russian law. Stephen acted for one of the multiple defendants.
• JSC BTA Bank v Ablyazov
  In this multi-national action in the Commercial Court, the Claimant, a Kazakh bank (now effectively nationalized), claims damages of £175 million for fraud over the disposal of assets by its directors and shareholders.  Stephen acts for the 5th to 7th Defendants in this ongoing action. The issues engage Kazakh, Russian and English law and P.I.L.
• Miller v Bayliss
  Claims in the Chancery Division over the principles of the duty of fairness owed by a trustee in bankruptcy and over his ‘auction’ of shares in a private company.  Stephen acts for the bankrupt’s family.
• Thunder Air v Hilmarsson
  This Chancery Division action concerned a jurisdictional dispute, but it has become the modern authority on there being no cause of action in tort for alleged wrongful conversion of electronic data and information.
• 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 acted 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 Qatari National Museum.
• 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 by the Defendants. The trial is expected to take place in 2011. This Chancery Action is on-going.

Civil Fraud

• Kagalovsky v Gusinski
  This action concerns a partnership in the ownership of a TV station. The Claimant seeks an anti-suit injunction in order to bring an end to major commercial proceedings for fraud in the New York Supreme Court and to oblige the Defendant to bring his claims in England instead. Stephen acts for the Defendant, Mr Vladimir Gusinski.
• JSC BTA Bank v Ablyazov
  An action in the Commercial Court by a Kazakh bank claiming damages of £175 million for alleged fraud over the disposal of assets by its directors and shareholders.  Stephen acts for the 5th to 7th Defendants in this ongoing action. The issues engage Kazakh, Russian and English law and P.I.L.
• Tajik Aluminium Plant v Ermatov and Others
  A multi-national action in the Commercial Court for $485 million in respect of alleged corruption and bribery of a senior state official in Tajikistan. The action involved multi-jurisdictional and P.I.L issues.  Stephen acted for one of the multiple defendants.
• Beasant v Fugler and Pegasus Property v Beasant
  These actions concerned the funding of a series of joint property ventures and the parties’ 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 acted for Mr Beasant. 
• 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.

Advisory Work

• Advising a foreign insurance company on the negligence of its solicitors.
• Advising a bank on its mortgage and guarantee provisions.
• Advising a UK statutory body on a major commercial contract.
• Advising the Organised Crime Division of the CPS on aspects of money-laundering applications.
• Advising a foreign government on cross-border insolvency in Europe.
• Advising a firm of solicitors in respect of their rights to membership of UK Mortgage Lenders Solicitors’ Panels.
• Advising a hedge fund partnership 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 and advising on the provision of financial services under the Consumer Credit Act.
• Stephen has acted for, and advised, a number of Arabic banks over various banking activities and contracts (including Habib Bank, Saudi American Bank, Banque du Caire and HSBC Bank of the Middle East).

Construction Law

Cases in which he has acted include:

• John Mowlem and Co plc v Eagle Star Assurance
• Engineering Projects (India) Ltd v Mitsubishi Corp.
• Widnell v Hyde Park Residence

Professional Negligence

Stephen has acted in numerous professional negligence cases, including:

• Virgin Group Ltd v Finers and de Morgan
• Airbreak Leisure Group plc
• Darville v Ernest Notcutt and Co
• Idealgrange Ltd v Austin Smith Lord
• Widnell v Hyde Park Residence
• Zaheri and others v Lawrence Graham
• Places Trading Ltd v Kinsale Taverns Lt
• 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 other solicitors’ negligence cases.

• Al Rajhi Banking and Investment Corporation v Wall Street Journal (Europe)
• Castlecare Group Ltd v MacKenzie and Others
• Daura v HMRC
• Tri-Q Group v Learoyd Group and API Group
• Iraqi Mine Action Services & Humanitarian Consultancy Co. Limited (Jordan) v Bactec International Limited
• Al Hashemite Corp. (Iraq) v NMS Sec-Com Limited
• Rafidain Bank v Arab Bank
• Oxus Gold plc v Templeton Insurance Ltd and Knox D’Arcy Investment Management Ltd
• Fayed v Emanouel Antiques
• Mohammed v Bank of Kuwait and the Middle East
• HS Weavers Ltd v Drivers and others
• Trendtex Trading Corporation v Credit Suisse

Other Civil Fraud cases include:

• Anselm v Anselm
• HS Weavers v Drivers and others
• Cross v Wordplex
• Brennan v Alpert
• Littlewoods Organisation v Virage Ltd and Leese
• Iraq v Al-Shawi

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.  In 2009, he was a guest speaker at the Inaugural Brunei International Arbitration Conference.

His arbitration work includes:

• Acting in an international arbitration over the determination of electricity pricing and of the costs of constructing a power station in India (Indian and English law; LCIA London).
• Acting in shipping arbitrations (English, US and Jordanian law; ICC and LCIA London).
• Acting in an arbitration over the sale of an aircraft (English and Canadian law; LCIA London).
• Acting in an oil arbitration (English and Kazakh law; LCIA London).
• Acting in an LME arbitration over a series of copper supply contracts and shipping contracts (English and Jordanian law; LME, London).
• (R) Technologies v (N Limited)
• Hashwani v Jivraj
• Albon v Naza Motor Trading
• Whitehead (UK) v Hyundai Motor Co (Korea)
• Rutland County Council v Paul Bancroft

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”, i.e. the Lottery Commission (previously the Director of Lotteries) as well as numerous major UK corporations.

In 2007 he was 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 important defamation actions and media-related actions, such as:

• Imerman v Tchenguiz and Others
  This is the leading Court of Appeal authority on Article 6, 8 and 10 rights concerning the allegedly wrongful down-loading of financial information belonging to a businessman by his brothers in law, Vincent and Robert Tchenguiz.  It also puts an end to the 'Hildebrand Rule' and introduces new parameters for privacy regulation as between spouses. Stephen acted for the Tchenguiz family members and their employees.
• 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".)
• James Chiew v Dato Paduka Lim Beng Thai
  This is an ongoing libel action in Brunei. Stephen  acts for the Defendant.
• Saidi v Hajah Wan Noor
  This is an ongoing libel action in  Brunei. Stephen acts for the Defendant.
• Charles Taylor 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.

Other cases include:

• Whitehead (UK) v Hyundai Motor Co (Korea)
• Quinton v Peirce
• Porter and another v Davies
• RSPCA v British Assoc. of Sheep Exporters
• Coff v Bedfordshire County Council
• Nixon v Channel 4 Television
• Halpin v Oxford Brooks University
• Aspel v Daily Express

Stephen has been able to bring his extensive knowledge of business practices in the commercial sphere to the disputes in which he has mediated. These have involved banking and commodity contracts, professional services, shipping and partnership disputes and resolution of media disputes.

He understands the process of mediation from both points of view as he has also acted as Counsel assisting/advising one of the parties in various mediations, most recently involving the extensive Tchenguiz litigation.

Publications:

• Stephen is one of the co-authors of 'Employee Competition', Oxford University Press (2nd Ed March 2011)
• ‘Interest on Costs’ published by Solicitors' Journal

Other Information:

VAT registration number:  244207193