Stephen Nathan QC

Stephen acted for HMRC over the attempt by the football club to set aside search warrants in connection with HMRC’s investigation into footballer transfer-fee tax fraud.

Stephen acts for the Claimants in this Commercial Court action over a $30 million loan agreement.

Stephen acted for HMRC initially in a complex claim for damages on a cross-undertaking from the liquidator of Abbey (who was being indemnified by HMRC). The Court of Appeal judgment set out the principles on which such damages can now be recovered. There then ensued major litigation in the Chancery Division between the liquidator and HMRC over the former liquidator’s conduct (which was covered by the indemnity from HMRC).

Stephen acts for the Claimant over the commercial/recording agreements for the manufacture and distribution of recordings of memorable classical recordings originally broadcast in the USA in the 1940s.  The claim now involves allegations of falsification of evidence by the Defendants. This Chancery Action is on-going. 

This series of 5 Commercial Court actions ran initially between 1991 and 2008.  In 2010 it was revived when IAC recommenced flight operations to the UK and, again, in 2011. The actions concerned the seizure of the Kuwaiti civilian airliner fleet and aircraft spares by Saddam Hussein in 1990. The Kuwaiti claims total US $1.3 billion and these actions have been the longest-running litigation in the Commercial Court. 

Stephen acts for the Iraqi Government. There have been 3 appeals to the House of Lords and also three other appeals to the Court of Appeal, with major statements of principle enunciated on issues of state immunity and principles of damages. These actions raised numerous issues of private and public international law as well as issues relating to aircraft leasing, the proper methodology of aircraft valuation and the 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 on behalf of the Government of Iraq was revived first in 2010; and, again, in 2011 when KAC commenced new proceedings against the Iraqi Government and two Iraqi state banks for the purpose of attempting to execute its judgments on the assets of the Iraqi Government and on the two banks, leading to a major set of hearings in the Commercial Court starting in March 2012. 

These new proceedings engage novel issues of public international law and English, French and Iraqi public law and company law.

This was a QBD action concerning issues of jurisdiction and the principles to be applied as between trial in Iraq or England in a major personal injuries claim. Stephen acted for the Defendants. 

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 and his US media companies. 

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.

This Commercial Court action concerns disputes (including fraud) in respect of the management and operation of 6 jointly-owned bulk oil-carriers, including the largest two VLCCs in the world, since October 2001. Stephen acts for the Defendants Maroil, the corporate vehicle of Mr Wilmer Ruperti, the Venezuelan shipping and oil-transport magnate. The claims and counterclaims involve more than US $100 million. Maroil inter alia counterclaims that it has been the victim of fraud by the Claimant and the jointly-employed manager.