Hardeep S Nahal

Partner, litigation and arbitration

London

e: hardeep.nahal@herbertsmith.com
t: +44 20 7466 2184

Hardeep S Nahal

Hardeep has extensive experience of international commercial litigation at both trial and appeal court level, arbitration and alternative dispute resolution, in particular commercial contract disputes and professional negligence. He has been a solicitor advocate with higher rights of audience since 1998 and has appeared on behalf of clients in the High Court and County Court and at arbitrations and mediations. Hardeep has a particular interest in the UK-India corridor and sits on the firm's India Executive. 

Hardeep is on the Committee of the Commercial Litigators Forum and the City of London Law Society Litigation sub Committee.  In October 2009 he was appointed to the new Civil Justice Council Business Oversight Group.  Hardeep is "highly recommended" for commercial litigation in Legal Experts 2005, 2006, 2007, 2008, 2009 and 2010 and is ranked as a "leading individual" for General Commercial Litigation in Chambers UK 2005, 2006, 2007, 2008, 2009 and 2010.

Hardeep was the Society of Asian Lawyers Commercial Lawyer of the Year for 2007.  

Accolades

"Hardeep Nahal is an impressive litigator who regularly represents clients in the High Court"
Chambers UK 2010 (Dispute Resolution: High Value)

"Solicitor advocate Hardeep Nahal puts in a worthy and impressive performance"
Chambers UK 2010 (Banking Litigation)

"The firm boasts a string of first-class names including… Hardeep Nahal"
Legal 500 2009 (Dispute resolution: commercial litigation section)

"Hardeep Nahal is particularly recommended for equalisation disputes and professional negligence cases"
Legal 500 2009 (Pensions dispute resolution section)

"a formidable and impressive opponent"
Chambers UK 2009

he is commended for his "sense of purpose", "robust, straightforward" approach to matters and "high-quality technical expertise"
Chambers UK 2008

"Opponents find solicitor advocate Hardeep Nahal a refreshing change to a number of his peers: 'There's none of that needless point scoring you sometimes get between lawyers' "
Chambers UK 2007

"won praise from clients as a methodical and highly technical operator with a comprehensive grasp of complex processes"
Chambers UK 2006

he has "emerged as someone who can handle very difficult issues with real clarity of thought."
Chambers UK 2005

a "force to be reckoned with"
Legal 500 2005

"efficient and very responsive"
Legal 500 2004

[Hardeep has a] "growing reputation"
Legal 500 2003


Credentials

  • a major multinational client in relation to UK aspects of a commercial action on foot in Georgia
  • Heathrow Airport Ltd in respect of High Court proceedings (HC10C02364) against Purple Parking Ltd and Meteor Parking Ltd concerning valet parking operations at Heathrow, including in relation to an injunction hearing before Roth J in August 2010
  • a financial services client in respect of claims in connection with Kaupthing, the failed Icelandic bank
  • a substantial client in relation to potential claims against advisers arising out of pension scheme equalisation issues
  • a major listed client in the defence of a "mis-selling" claim by an employee in respect of his transfer from one pension scheme to another
  • a substantial family holding in relation to a shareholder dispute in connection with a UK care homes business and related issues in the Gulf
  • Walker Crips Stockbrokers Ltd in the defence of a High Court action brought by Spreadex Ltd in late 2008 arising out of alleged boiler room trading (Claim No HC08CO2157) which raised an important point as to the extent to which section 150 of FSMA provides a private right of action.  The action was settled in April 2009
  • a major client in relation to issues arising out of the purported equalisation of benefits under a staff pension scheme, including possible professional negligence claims
  • Eurosteel Products Limited in a High Court claim against Compagnie Maritime and Commerciale NV (8CF90157) in relation to disputed title to a consignment of steel acquired from Alphasteel Limited, which came to trial before HHJ Nick Chambers between July 2008 and January 2009 and in which Eurosteel was successful
  • B&F Trading Co Ltd, a substantial fashion distribution and retail company in South Korea, in the conduct of High Court proceedings (HC07C02413) against an intermediary in relation to the import of Paul Smith products from the UK into South Korea. This included obtaining an Anti-Suit Injunction in September 2007 to restrain the bringing of proceedings in South Korea. The case settled in September 2008
  • a major independent steel trader in relation to the collapse in 2008 of a very substantial steel plant in eastern Europe
  • IB4AI LLC in the conduct of High Court proceedings (HC08C00159) against Auriel Capital, a Cayman-registered hedge fund, in relation to investments in the Auriel Global Macro Fund. The action came to trial on a preliminary issue before HHJ David Waksman QC in June 2008
  • a major multinational in relation to the UK aspects of New York proceedings arising out of a business sale, including the execution in the UK in 2008 of a letter of request issued by the US District Court for the Southern District of New York
  • Deepak Fertilisers and Petrochemicals Corporation Limited, one of the leading manufacturers of industrial chemicals in India, in the defence of Commercial Court proceedings (2007 Folio 981) brought by Vitol SA, a commodity trader, in relation to a contract for the sale of methanol
  • a group of investors in claims against trustees and others arising out of a failed collective investment scheme, settled for full value in February 2008
  • a major multinational in relation to a claim brought by an Indian company in respect of integrated circuit technology
  • a major independent steel trader in a contractual dispute with a substantial Indian steel company
  • a major multinational in relation to a dispute with pension fund trustees, including proceedings before the Pensions Regulator and the Pensions Ombudsman 
  • a major German manufacturer in relation to a substantial commercial dispute concerning the sale of a business
  • a Big Four firm of accountants in relation to a significant regulatory matter
  • Andersen UK in the defence of a tax negligence action brought in the Commercial Court (2006 Folio 359), and third party proceedings against Allen & Overy, settled in February 2007
  • Al Abood family and trusts in relation to a substantial and complex multi-jurisdictional matter concerning the estate of the late Shaker Al Abood. The manifold inquiries and proceedings included High Court proceedings against Lloyds TSB Bank plc (HC04C01720). These involved defeating, before Sir Andrew Morritt VC in July 2004, an application by the Bank challenging the court's jurisdiction ([2004] EWHC 1931 (Ch)), obtaining, before Lewison J in September 2004 and October 2005, further orders for the production of documents and obtaining a letter of request for the examination of a witness in Geneva and attending to the execution of the letter of request before the Geneva Court of First Instance from January 2005 onwards, and a trial before Evans Lombe J in March - May 2006. During the trial an application had to be made to the Court of Appeal on an issue concerning Swiss Banking Secrecy
  • Andersen UK in relation to the High Court trial in February 2006 of Robert Beddow v Nigel Cayzer (HQ0007193), concerning a high profile private equity transaction
  • Andersen UK in relation to Mayflower, which collapsed in 2004. This was the first case before the Accountancy Investigation and Discipline Board. The AIDB announced in September 2005 that it would not be lodging complaints against Andersen
  • a Big Four firm of accountants in relation to a high profile multinational corporate collapse
  • a major aluminium producer in Eastern Europe in relation to a substantial fraud, including in respect of search and seizure orders granted by the High Court in May 2005
  • a listed UK client in relation to an internal investigation into accounting and other irregularities alleged by a whistleblower in 2004, and subsequent SFO Investigation
  • various TXU Europe companies, subsequently the Joint Administrators of various such companies, in connection with contentious matters arising out of the group's collapse in late 2002, including defeating (in November/December 2003) claims by certain former executives to a fund placed with Barings in 1998 ([2003] EWHC 3105 Ch (Blackburne J))
  • Andersen UK in relation to criminal trials in 2002 and 2003, and an inquiry by the Accountants Joint Disciplinary Scheme (completed in May 2004), arising out of accounting irregularities discovered at Wickes plc in 1996
  • Somatra Ltd in successfully resisting an appeal (in the Court of Appeal in October 2003) by Sinclair Roche & Temperley in a professional negligence action ([2003] EWCA Civ 1474; [2003] 2 Lloyd's Rep 855)
  • Granada Media Group Ltd in the defence of High Court proceedings (HQ02X01625), resolved in July 2002, brought by Banks Hoggins O'Shea, in relation to a contractual dispute
  • a major multinational property services company in the successful defence of arbitration proceedings (finally resolved in February 2002 following a full hearing) brought against it before the London Court of International Arbitration by a former partner in the Far East
  • Dispatch Management Services (UK) Ltd, in the defence of a claim by former executives: appearance in the EAT as Solicitor-Advocate (Wall J 4 December 2001 [2002] IRLR 389)
  • B D Smith (formerly of Andersen UK) in relation to a Letter of Request issued by the Supreme Court of South Australia at the behest of the liquidator of the Alan Bond group of companies, settled following a Court of Appeal Judgment in November 1999 (England v Smith [2000] 2 WLR 1141, [2001] Ch 419)
  • Hillsdown Holdings subsidiaries in High Court proceedings (1993 F No. 374), including references to the ECJ, against IBAP and MAFF for clawback of sheepmeat export levies (resolved in October 1999)
  • The EMTA (now SEMTA) in High Court proceedings (CH 1997 E No.4042) against the trustees of the ITB Pension Funds, resolved in October 1999
  • Anglian Water plc, in Kelly (communication of acceptance of share offer), on appeal on a point of law from District Judge to Circuit Judge (appearance as Solicitor-Advocate) 2 July 1999
  • Heathrow Airport Ltd in applications for injunctions, including against Gross, 13 January 1999, unrep. (Burton J), noted at WB Vol 1 note 25.10.1 (appearance as Solicitor-Advocate)
  • BAT Industries plc on securing Court approval for its 1998 scheme of arrangement, including defeating the objections of US tobacco plaintiffs before Neuberger J (Chancery Division (Companies Court) 3 September 1998)
  • Phosyn International Ltd in High Court proceedings (1992 Folio No. 1019) brought by Pace International LP in relation to a distribution agreement, including defeating Pace's application for an interim injunction before Judge Diamond QC (sitting as a High Court Judge) on 16 May 1997
  • Andersen UK in the defence of High Court proceedings (1994 Folio No. 226), resolved as part of the Global Settlement in 1996, brought by Lloyd's Names in relation to their audits of the Feltrim Syndicates
  • Chemical Bank (as was) in High Court proceedings (1994 Folio No. 573), settled during trial before Waller J in March 1996, brought by African Reinsurance Corporation in relation to a fraudulently endorsed cheque
  • a variety of listed and other clients on post-acquisition/sale warranty claims and earn-out disputes, joint venture disputes, sale of goods disputes and issues arising out of distribution and agency agreements

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