Jonathan Nash KC
Call: 1986 | Silk: 2006
Practice Overview
Jonathan Nash has a commercial practice specialising in banking and financial services law, restructuring and insolvency, civil fraud and commercial arbitration (both as counsel and arbitrator). He has considerable experience of conducting litigation in the Commercial Court in London and arbitrations both in the UK and abroad.
Jonathan's specialist experience and understanding of complex financial structures has involved him in advising on a wide range of issues arising from derivative instruments, including valuation disputes following early termination of ISDA- documented transactions and other credit structures; the recovery of margin security under repo agreements; the setting up of multilateral netting arrangements in the forward freight swap market; and the closing out of positions in many different derivative instruments from "sleeve trades" in the energy derivatives market to "reverse knock-out options" in forex trades; and numerous credit default swaps.
Jonathan has extensive experience in securities litigation. He was retained as leading counsel by the Claimants in the RBS Rights Issue litigation, which was one of the most substantial and high-profile commercial cases to come before the English Courts in recent years. In the past year he has been retained by one of the major life companies to defend at trial a large class action brought in the Isle of Man (the first of its kind in that jurisdiction) in relation to the marketing of offshore bonds. He is currently acting for a large group of institutional claimants in claims under sections 90 and 90A of the Financial Services and Markets Act 2000 against a major investment bank for misconduct in its US “dark pool” trading system.
In his insolvency and restructuring practice Jonathan has advised in relation to company administration applications; on security priorities in a winding up; and has conducted claims under section 423 of the Insolvency Act 1986 (transactions at an undervalue). He has recently advised a prominent UK property investor in relation to the insolvency aspects of a Spanish real estate acquisition, which raised complex issues of UK and cross-border insolvency regulation. He has specialist experience of insolvency and restructuring in the Formula One motor racing industry.
Jonathan has conducted many arbitrations in the course of his commercial practice, both in London and abroad and under institutional rules (ICC and LCIA), and ad hoc. He has also advised in relation to Energy Charter Treaty claims. He has particular experience in dealing with the enforcement, and resisting the enforcement, of foreign arbitration awards within the jurisdiction, having been retained in the long-running dispute between Yukos and its former shareholders, and by the Nigerian National Petroleum Corporation in connection with enforcement of an arbitration award alleged to have been procured by fraud. He is currently chairing an LCIA Tribunal considering claims and cross-claims arising from the Russian sanctions regime and its effect on ISDA-documented transactions.
His more general recent commercial practice has covered disputes in areas as diverse as the spread- betting industry, pharmaceuticals, mobile technology, Formula One, computer security software, and designer fashion. He is currently retained by a large UK newspaper group to defend it against “hacking” and other unlawful information gathering claims brought by a number of celebrities.
Arbitration
Currently chairing an LCIA Tribunal considering claims and cross-claims arising from the Russian sanctions regime and its effect on ISDA-documented transactions.
Acting for the successful Claimant in an LCIA Tribunal concerning the recovery of sums due from local Hungarian borrowers – issues included the effect of domestic illegality on international loan agreements.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] All ER (D) 93 – enforcement of foreign arbitral award – allegations of fraud – whether enforcement should be adjourned pending trial in curial jurisdiction.
Yukos Capital SarL v OJSC Oil Company Rosneft [2014] 2 Lloyd’s Rep. 435 – enforcement of foreign award in face of allegations of fraud in curial seat.
Yukos Capital SarL v OJSC Oil Company Rosneft [2014] QB 458 – Application of doctrine of Act of State to allegations that foreign state had improperly procured expropriation of assets and dismissal of challenges to arbitral award.
Banking & Finance Services
Allianz Funds Multi-Strategy Trust & Ors v Barclays Bank plc [2024] EWHC 235 (Ch) – acting for large group of institutional claimants in claims under sections 90 and 90A FSMA 2000 in respect of misconduct in “dark pool” trading system.
Davies v Novatrust Ltd [2023] EWHC 1196 (Ch) – acting for successful defendant in trial of claim for indemnity in respect of incidence of taxation on pension payments.
Axa S.A, v Genworth Financial International Holdings LLC [2020] EWHC 2024 (Comm) – acting for defendant in claims arising under indemnities in share sale agreement in respect of liabilities under insurance misselling complaints.
Re RBS Rights Issue Litigation [2017] 1 WLR 1991 – acting for largest claimant group in claims under s.90 of FSMA 2000 in respect of alleged misstatements and omissions in prospectus for 2008 rights issue.
Brogden and anor v Investec Bank plc [2017] IRLR 90 – claim for substantial bonuses alleged to be due to structured equity derivative traders – how performance of trading desk to be measured.
LSREF II Wight Ltd v Millvalley Ltd [2016] All ER(D) 93 – claim for rectification of swap transaction executed on ISDA Master Agreement.
Commercial Litigation
Allianz Funds Multi-Strategy Trust & Ors v Barclays Bank plc [2024] EWHC 235 (Ch) – acting for large group of institutional claimants in claims under sections 90 and 90A FSMA 2000 in respect of misconduct in “dark pool” trading system.
The Duke of Sussex & Ors v MGN Ltd [2023] EWHC 3217 – acting for defendant newspaper group in claims in respect of alleged “hacking” and unlawful information gathering brought by various celebrities.
Davies v Novatrust Ltd [2023] EWHC 1196 (Ch) – acting for successful defendant in trial of claim for indemnity in respect of incidence of taxation on pension payments.
Axa S.A, v Genworth Financial International Holdings LLC [2020] EWHC 2024 (Comm) – acting for defendant in claims arising under indemities in share sale agreement in respect of liabilities under insurance misselling complaints.
Edgeworth Capital (Luxembourg) SARL v Maud [2020] EWHC 1469 (Ch) – acting for claimants in claim to recover investment in restructing of a substantial Spanish property development project.
Rogachev v Gorainov [2019] EWHC 1529 (QB) – acting for defendant Russian businessman in ownership dispute over Russian country market chain.
Insolvency and Restructuring
Wormleighton & Anor v Salamander Invest A/S & Anor [2020] EWHC 2369 (Ch) – acting for creditor of biotechnology group in challenging appointment of administrators.
Edgeworth Capital (Luxembourg) SARL v Maud [2020] EWHC 1469 (Ch) – acting for claimants in claim to recover investment in restructing of a substantial Spanish property development project.
Hellard & Anor v Graiseley Investments Ltd & Ors [2018] EWHC 2664 (Ch) – acting for liquidators of major care home group in respect of claim for recovery of sums disbursed on alleged transaction at an undervalue.
Group Litigation
Allianz Funds Multi-Strategy Trust & Ors v Barclays Bank plc [2024] EWHC 235 (Ch) – acting for large group of institutional claimants in claims under sections 90 and 90A FSMA 2000 in respect of misconduct in “dark pool” trading system.
Peter Kells and Ors v Friends Provident International Ltd. [2023] ORD20/011 – defending major life company in group action in respect of allegations of breach of contract and misrepresentation in selling offshore insurance bonds.
Breitenbach & Ors v Canaccord Genuity Financial Planning Ltd [2020] EWHC 1354 (Ch) – acting for claimants in group claim against financial advisors in respect of film finance litigation.
Lancaster & Ors v Peacock QC [2020] EWHC 1231 (Ch) – acting for claimants in group claim against legal advisers in respect of film finance litigation.
What the Directories Say
“Immensely intelligent; good and easy communicator across all mediums; client likes him! Effective advocate across written and oral work before court. Great strategic approach to complex litigation which to date has ensured the client’s preferred procedural approach to the case has worked out.” – The Legal 500, 2024
“Very smooth and controlled, a pleasure to listen to in hearings and a reassuring presence with clients.” – The Legal 500, 2024
“One of the best for leading a massive group litigation team at the whole Bar, calm under pressure and unflappably brilliant.” – The Legal 500, 2024
“He’s incredibly calm and clear in the way he presents all his advice both in writing and orally.” – Chambers and Partners, 2024
“Very pragmatic and very sensible. He delivered exactly what we wanted.” – Chambers and Partners, 2024
“Jonathan Nash is extremely experienced and very clear thinking. He also writes extremely well and has a very commercial outlook.” – Chambers and Partners, 2024
“An excellent leader, who is a pleasure to work with.” – Chambers and Partners, 2024
“Jonathan Nash is very pragmatic and very sensible.” – Chambers and Partners, 2024
“Jonathan Nash is first class.” – Chambers and Partners, 2024
“His advocacy is smooth and authoritative.” – Chambers and Partners, 2024
“Jonathan is extremely experienced and very clear thinking. He writes extremely well and has a very commercial outlook.” – Chambers and Partners, 2024
“Jonathan has a very good demeanor and demonstrates real confidence in his areas of expertise.” – Chambers and Partners, 2024
“Jonathan is outstanding. He is incredibly calm and clear in the way he presents all his advice both in writing and orally.” – Chambers and Partners, 2024
“He is someone who can build an exceptionally strong case, even in difficult cases.” – Chambers and Partners, 2024
“He’s super. His advocacy is brilliant, his written work is concise and clear, he’s great with clients and he is very commercial.” – Chambers and Partners, 2024
“A unique ability to command the courtroom whilst being highly engaging and personable and a pleasure to work with.” – The Legal 500, 2023
“Jonathan gets to the heart of the matter extremely quickly and has a way of making his advice sound simple, even when the facts and law are complicated. It confirms his mastery of the subject matter. He is also a purposeful and combative advocate, notwithstanding his easy-going delivery and general nature.” – The Legal 500, 2023
“Versatile and un-flappable. He grasped the issues immediately, at very short notice and got a good result.” – The Legal 500, 2023
“A genuinely go-to silk for the most challenging and biggest group actions.” – The Legal 500, 2023
“A man of sharp intelligence who has excellent client-handling skills and is very user-friendly.” – Chambers & Partners, 2023
“Technically excellent and user-friendly. He has a great rapport with judges and is quick on his feet.” – The Legal 500, 2022
“Extremely smooth and provides a helpful strategic guide during the preparation of the case.” – The Legal 500, 2022
Languages
- French (fluent)
- Spanish (reading)
