Experience

Nicholas Chapman has a broad practice with an emphasis on public and regulatory law, public international law, human rights and civil liberties, national security, public inquiries, tax, and health and safety and environmental crime.  His cases are generally important, complex and high-profile.  He is Junior Counsel to the Crown (Attorney General’s A panel) and a member of the Equality and Human Rights Commission A panel.

Appointments

  • Junior Counsel to the Crown – Attorney General’s A panel
  • Equality and Human Rights Commission – A panel
  • Serious Fraud Office panel

Professional Memberships

  • Constitutional and Administrative Law Bar Association (ALBA)
  • Association of Regulatory and Disciplinary Lawyers (ARDL)
  • Defence Extradition Lawyers’ Forum (DELF)
  • Fraud Lawyers Association (FLA)
  • Health and Safety Lawyers Association (HSLA)

Public Access

Undertakes Public Access work


Attorney General Panel

Appointed to A panel

Home Secretary v Yagnesh Devani (Kenya) [2020] EWCA Civ 612; [2020] 1 WLR 2613

The leading case concerning the circumstances in which a court can reject a foreign government’s assurances concerning treatment following extradition.

Read more

R (Al-Enein) v Home Secretary [2019] EWCA Civ 2024; [2020] 1 WLR 1349; [2020] Imm AR 553; [2020] INLR 365

An important Court of Appeal case upholding the lawfulness of the Secretary of State’s good character policy in connection with applications for naturalisation as a British citizen.

Read more

JS (Uganda) [2019] EWCA Civ 1670; [2020] 1 WLR 43; [2020] Imm AR 258; [2020] INLR 67; The Times, 10 January 2020

The leading Court of Appeal authority concerning the meaning of “refugee” in the 1951 Refugee Convention and the circumstances in which refugee status may be withdrawn on the grounds that the reasons for the initial grant of asylum no longer endure.

Read more

KA (Afghanistan) v Home Secretary [2019] EWCA Civ 914; [2019] Imm AR 1238

Nicholas Chapman acted for the Home Secretary in this important Court of Appeal case concerning the approach to the assessment of evidence of vulnerable appellants, the weight to be attached to an unaccompanied child’s failure to claim asylum in the first country of refuge, and the compatibility of the statutory adverse credibility assumption with the Dublin III Convention.


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.


High Court rejects Helen McCourt murder release challenge

1st September 2020

Marie McCourt has lost her judicial review claim against the decision of the Parole Board to release Ian Simms, who murdered her daughter Helen McCourt in 1988 and who has refused to reveal the location of her remains.  Nicholas Chapman represented the Parole Board.  Marie McCourt has led a high-profile nationwide campaign for a change in the law – known as Helen’s Law – to prevent the release of murderers who refuse to reveal their victim’s whereabouts.

Read more

High Court upholds TPIM on Al-Muhajiroun member

10th July 2020

Cathryn McGahey QC and Nicholas Chapman, instructed by the Treasury Solicitor, successfully represented the Home Secretary in a challenge to her decision to impose a TPIM on “QT”, a member of the proscribed Islamist terrorist organisation Al-Muhajiroun.

Read more

Nicholas Chapman successfully defends decision to stop Derbyshire badger cull

13th May 2020

Nicholas Chapman appeared on behalf of the Environment Secretary in his successful defence to the judicial review of the decision to prevent the introduction of badger culling in Derbyshire in 2019.  The high-profile and important case, which has been widely reported in the press, involved allegations that the Prime Minister and his fiancée Carrie Symonds improperly interfered in the decision-making process.

Read more

Nicholas Chapman successful in leading Court of Appeal case

25th October 2019

Nicholas Chapman, instructed by the Treasury Solicitor, successfully represented the Home Secretary in JS (Uganda), the leading Court of Appeal case concerning the meaning of “refugee” in the 1951 Refugee Convention and the circumstances in which refugee status may be withdrawn.

Read more

Nicholas Chapman Appointed to the Attorney General ‘A’ Panel

17th July 2019

TGC offers congratulations to Nicholas Chapman on his elevation to the Attorney General’s London ‘A’ Panel of Junior Counsel with effect from 2 September 2019.


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

I need to process personal data in order to provide legal services and to conduct my professional practice as a barrister. This includes the personal data of my clients and third parties.

The security of personal data is extremely important to me. This Privacy Notice describes the information I may collect about my clients and third parties, how it is used and shared, and your rights which may arise in relation to it.

DATA CONTROLLER

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registration number is Z899188X.

RELEVANT LAW

The way in which I process personal data is regulated by data protection law, including the General Data Protection Regulation 2016 (“GDPR”) and the Data Protection Act 2018 (“DPA 2018”).

PROCESSING PERSONAL DATA

The legal basis upon which I process personal data is as follows:

  • Where my client has consented to me processing his or her personal data, my legal basis for processing it is based on consent.
  • Where consent has not been given for the processing of personal data, my legal basis for any such processing is based on my legitimate interests in conducting my professional practice and in providing legal services.
  • Where I process special category personal data or criminal offence data, as defined in the GDPR and DOPA 2018, this is on the basis that it is necessary for the establishment, exercise or defence of legal claims or because a court is acting in its judicial capacity. In some cases, including inquiries, it may be for reasons of substantial public interest.

PURPOSES

I may process personal data for the following reasons:

  • To provide legal services and conduct my professional practice as a barrister.
  • To keep accounting records and for the purposes of office administration.
  • To take or defend legal or regulatory proceedings or to exercise a lien.
  • To respond to potential complaints or make complaints.
  • To check for potential conflicts of interest in relation to future potential cases.
  • To promote and market my professional services.
  • To carry out anti-money laundering and terrorist financing checks.
  • To train other barristers and when providing work-shadowing opportunities.
  • To respond to requests for references.
  • To publish legal judgments and decisions of courts and tribunals.
  •  As otherwise required or permitted by law.

TRANSFERS TO THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

I may occasionally transfer personal data to third countries and international organisations where necessary and lawful.

YOUR RIGHTS

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

  • Ask me to provide access to personal data I hold about you.
  • Ask me to delete personal data I hold about you.
  • Ask me to restrict the purposes for which I process your personal data.
  • Ask me to correct any inaccuracies in the personal data I hold about you.

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.

If you are unhappy with the way I have dealt with you or your personal data, you have the right to lodge a complaint with the Information Commissioner, ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

MARKETING OPT-OUTS

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

COOKIES

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. My Chambers website use cookies to:

  • See how often you access our website;
  • Remember user preferences and settings.

CHANGES TO THIS NOTICE

I may update this Privacy Notice in future.  If I do so I will publish the updated Notice on my Chambers website profile.

Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com. We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.