Experience

Nicholas Chapman has a broad civil, criminal, regulatory and public law practice with an emphasis on substantial, complex and high-profile litigation relating to commercial crime and other financial and corporate wrongdoing, tax, human rights and national security matters.

Appointments

  • SFO Panel of Counsel (crime and proceeds of crime)
  • National Crime Agency civil panel
  • CPS panel (crime and proceeds of crime)
  • Attorney General’s criminal panel
  • Attorney General’s civil panel

Education

  • Winchester College (Nomination)
  • Nottingham University (LL.B. Law with European Law)
  • Inns of Court School of Law (Diplock Scholarship)

Professional Memberships

  • Constitutional and Administrative Law Bar Association (ALBA)
  • Association of Regulatory and Disciplinary Lawyers (ARDL)
  • Fraud Lawyers Association (FLA)
  • Health and Safety Lawyers Association (HSLA)
  • Proceeds of Crime Lawyers Association (POCLA)

Public Access

Undertakes Public Access work


Attorney General Panel

Appointed to B panel

R (Msaka) v Home Secretary

Nicholas was instructed by the Home Secretary at Court of Appeal level in this successful defence of an appeal concerning the time limits for costs appeals from the Upper Tribunal and the proper interpretation of CPR Part 52.


R (ME) v Home Secretary

Successfully responding to a judicial review challenge to the Home Secretary’s decision to cancel a British passport on national security grounds.


R (Al Enein) v Home Secretary [2018] EWHC 1615 (Admin)

Successfully defending a judicial review claim concerning the vires of the Home Secretary’s naturalisation policy and the true interpretation of the British Nationality Act 1981.


Belhaj & Boudchar v Rt. Hon. Jack Straw, Sir Mark Allen CMG, Secret Intelligence Service, Security Service, Attorney General, Foreign & Commonwealth Office, Home Office

Acting for all 7 defendants in this private law damages claim involving allegations of UK government and intelligence agency complicity in the extraordinary rendition and torture of the former leader of the Libyan Islamic Fighting Group and his pregnant wife. Nicholas principally focused on foreign law aspects of the claim and disclosure.

External link


CK (India) v Home Secretary

Nicholas was instructed by the Home Secretary at Court of Appeal level in this appeal concerning the residual discretion to grant near-miss immigration applications.


Carbondesk Group plc v HMRC [2015] UKFTT 367 (TC)

Nicholas acted for HMRC in the successful defence of this £100m civil tax appeal, involving allegations of fraud in the carbon credits market.


RS (Aghanistan) v Home Secretary [2016] EWCA Civ 1179

Instructed by the Home Secretary at Court of Appeal level in successful response to an appeal brought by an unaccompanied asylum-seeking child on the basis that he had suffered historic injustice at the hands of the Home Office.


TelNG Ltd v HMRC [2016] STI 2545

Nicholas acted for HMRC in this important case concerning the lawfulness of information notices requiring production of documents by post or email.


Friends of the Earth Trust Ltd v HMRC [2016] STI 2056

Nicholas represented HMRC in its successful defence of this important and high value tax appeal concerning the question of whether donations to a charity in exchange for membership benefits represented consideration for taxable supplies.

External link


R v James Ibori & Bhadresh Gohil

Nicholas was instructed at Court of Appeal level by CPS Head Office in relation to the high-profile appeal of the former governor of Delta State, Nigeria and his former solicitor, involving allegations of police corruption and prosecutorial misconduct.

External link


Brayfal Ltd v HMRC

Nicholas successfully defended this strategically important Frankovich damages claim in the High Court, which concerned the question of whether the “repayment supplement” represented an effective remedy in compensation of incorrectly withheld VAT which could have been lucratively reinvested.


Barnes v Eastenders Group

Instructed by CPS Head Office at Supreme Court level in the high-value costs proceedings following a high-profile appeal.


The HBOS fraud

Nicholas was instructed by Herbert Smith Freehills to advise Lloyds TSB in connection with the high-profile banking fraud involving the distressed assets division of HBOS.

External link


Fonecomp Ltd v HMRC

Nicholas was instructed at Court of Appeal level to represent HMRC in the successful defence of this appeal, the leading case on the applicability of the Kittel anti-abuse principle in circumstances in which transactions are indirectly connected with fraudulent tax losses.


Megantic Services Ltd v HMRC [2011] STC 1000; [2013] UKFTT 492 (TC); [2015] UKFTT 0120 (TC)

Nicholas acted for HMRC in the successful defence of this highly complex civil tax appeal worth £28m.  The hearing, which lasted 7 months, is the longest within the tribunal system.  The case, which involved allegations of serious VAT fraud, was the first piece of government litigation to feature electronic preparation and presentation of evidence.  It gave rise to a number of leading authorities, all in favour of HMRC, including on the admissibility of opinion evidence in tribunal proceedings and of material obtained pursuant criminal mutual legal assistance.


R (M) v Home Secretary [2014] EWHC 159 (Admin)

Successfully defending a judicial review claim concerning the Home Secretary’s policy for prioritising backlogged applications.


KA (Afghanistan) v Home Secretary; EU (Afghanistan) v Home Secretary [2012] INLR 149; [2013] INLR 574

Instructed by the Home Secretary at Court of Appeal level in the successful defence of these two leading cases concerning corrective remedies in the context of the Home Office’s failure to comply with its legal duty to endeavour to trace the family members of unaccompanied asylum-seeking children.  The cases established that there is no “bright line” principle in relation to risk. Subsequently instructed to lead a series of related judicial review challenges in the High Court.

External link


The Securency Scandal (R v Lowther)

Nicholas acted for the SFO in its first international corruption prosecution, a case concerning the corruption of the governor of a South East Asian central bank to secure contracts worth A$200 million for the provision of polymer banknotes.

External link


R v Sander [2011] 1 Cr App R 6; [2010] 1 WLR 2511; [2012] 1 WLR 1

Acting for HMRC in the money laundering prosecution arising from one of its largest ever investigations.  Tried by a protected jury.  Gave rise to 3 leading authorities relating to jury tampering, judge-only trial and the use of closed evidence in criminal bail proceedings.

External link


Worthington Nicholls Group plc

Advising the Financial Reporting Council concerning its investigation into the circumstances surrounding the flotation and subsequent collapse of a former AIM new company of the year, with a market capitalisation effect of around £150m.


Threshers Pension Scheme

Advising the Financial Reporting Council in relation to its investigation into advice given to the trustee of the First Quench Pension Fund concerning its proposed transfer.


Nicholas Chapman joins Temple Garden Chambers

22nd October 2018

Temple Garden Chambers is delighted to announce that Nicholas Chapman has accepted an invitation to join Chambers.

 

Nicholas has a broad civil, criminal, regulatory and public law practice with an emphasis on substantial, complex and high-profile litigation relating to commercial crime and other financial and corporate wrongdoing, tax, human rights and national security matters.


Privacy Notice

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The GDPR and DPA 2018 set out your rights in connection with any of your personal data that I process.  In particular you may:

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This is not intended to be an exhaustive summary of your legal rights.  Various exemptions may apply.  More information is available on the ICO website: https://ico.org.uk/your-data-matters/

In order to exercise any of your rights in connection with the personal data I process, please contact me at nchapman@tgchambers.com or by writing to me at Temple Garden Chambers, 1 Harcourt Buildings, London, EC4Y 9DA.

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