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Nigel Dougherty

Called: 1993

 

 

Profile

Main practice areas are company law, corporate insolvency, general commercial law and professional negligence.

Education

University of Cambridge
BA (Hons), 1991 - Class 1 (Law Tripos);
Master of Laws, 1992 - Class 1 (highest in year) - papers taken in Corporate Finance, Securities Regulation, Carriage of Goods by Sea and International Sale of Goods.

Professional Qualifications

• Called to the Bar 1993 (Gray's Inn);
• Junior and Senior Scholarships from Gray's Inn;
• Lee Essay Prize; and
• Inns of Court Scholarship.

Main Practice Areas

• Company and corporate insolvency advice and litigation. in particular, minority shareholder disputes, directors' duties, takeovers and mergers, directors service contracts, shareholder agreements and business/share acquisition agreements and claims;
• General Commercial Law particularly banking and sale of goods; and
• Professional negligence - in particular, involving solicitors and accountants/auditors. Such matters will often involve a considerable amount of documentation and/or a substantial international element.

Publications

• Contributor to “Company Directors Law and Liability” (1997) - Chapter on "Directors’ Authority As Agents and Ultra Vires"
• Regularly lectures to solicitors or commercial conferences on topics such as “Minority Shareholder Remedies”, “Directors’ Duties” and “Difficult Company Meetings".

Case List

• Irvine v. Irvine
  Ref: [2007] 1 BCLC 445
  Acted for successful majority shareholder in establishing that a minority shareholder's interest in a non quasi-partnership company was to be valued on a discounted basis for the purposes of an order under section 461 of the Companies Act 1985.
• Re Servaccomm Redhall Ltd, Cunningham v. Secretary of State for Trade and Industry
  Ref: [2006] BCLC 1
  Acted for successful applicant on a complicated application for permission to act as a director of two companies notwithstanding the making of a disqualification order.
• Ultraframe (UK) Limited v. Fielding
  Ref: [2005] EWHC 1638 (Ch); [2006] EWCA Civ 1133
  Successfully acted for the defendants in a 7-month trial involving allegations of breach of directors' duties, the alleged misappropiation of businesses and the question of an alleged knowing assister's liability to account for profits made by another.
• BWE International Ltd v. Jones
  Ref: [2004] 1BCLC 406 (Court of Appeal)
  Successfully acted on an appeal concerning the proper construction of pre-emption articles.
• Rose v. Lynx Express Limited
  Ref: [2004] 1 BCLC 455 (Court of Appeal)
  Successfully acted on an appeal concerning the appropriate test for a Court to order pre-action disclosure.
• Sutton v. GE Capital Finance Limted
  Ref: [2004] 2 BCLC 662 (Court of Appeal)
  Successfully acted on an appeal concerning the duties of a receiver to his appointor and the proper exercise of powers under Section 236 of the Insolvency Act 1986.
• Item Software (UK) Limited v. Fassihi
  Ref: [2004] BCC 994
  Acted for the defendant director on an appeal concerning the extent of a director's fiduciary duties.
• Folkes Group plc v. Alexander
  Ref: [2002] 2 BCLC 254
  Acted for a company on the construction and effect of a resolution seeking to alter its Articles of Association.
• Re Pimlico Capital Limited
  Ref: [2002] 2 BCLC 544
  Acted for the company on a successful strike-out application concerning the entitlement of a contributory to maintain a winding-up petition in respect of a company incorporated abroad.
• Cadbury Schweppes v. Somji
  Ref: [2001] 1 WLR 615
  Acted for a bankrupt on an appeal against the setting aside of a voluntary arrangement on the basis of alleged non-disclosure of collateral arrangements that had been entered into with certain creditors.
• Scotto v. Petch: Re Sedgefield Steeplechase Company (1927) Limited
  Ref: [2000] 2 BCLC 211 (Lord Hoffmann at first instance); [2001] BCC 889 (Court of Appeal)
  Acted for the company at first instance and on appeal in a case concerning questions of whether the entry by shareholders into agreements concerning their shares activated pre-emption provisions in the company's Articles of Association.
• Re Howglen Limited
  Ref: [2001] 1 All ER 376
  Acted for the successful clearing bank in responding to an application for the production of documents under the Bankers' Books Evidence Act 1879. The case also considered the principles to be applied by the Court in ordering the production of documents by third parties under the Civil Procedure Rules.
• Platt v. Platt
  Ref: [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal)
  Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and/or non-disclosure and/or in breach of his fiduciary duty.
• Vision Express (UK) Ltd v. Wilson
  Ref: [1998] BCC 173
  Acted for successful applicant to enforce terms of a Tomlin Order involving a company’s purchase of its own shares not previously authorised in accordance with the Companies Act 1985.
• Secretary of State for Trade and Industry v. Cleland
  Ref: [1997] BCC 473
  Acted for successful second respondent in proceedings to resist the issue of directors’ disqualification proceedings out of time.
• Tam Wing Cheun v. Bank of Credit and Commerce Hong Kong Ltd
  Ref: [1996] BCC 388
  Acted for successful respondents to Privy Council appeal raising issues of insolvency set-off and the effect of a charge over a bank deposit by a depositor in respect of a company’s indebtedness.