Nicholas Mason

Extensive experience, both as an advocate and in an advisory capacity of a wide variety of complex, serious and multidisciplinary commercial claims.

In addition to litigious work, undertaken a substantial amount of advisory work and the drafting of commercial documents – eg terms and conditions of businesses, including those for a national loyalty reward scheme for small and medium size retailers, and competitive tendering agreements for local authorities.

Relevant Experience

• Acting on behalf of directors and administrators in respect of claims arising out of director’s breaches of fiduciary duty and fraud. For a 2 year period acted as leading junior for the managing director of a multinational furniture manufacturer and retailer in proceedings alleging widespread breaches of duty and fraud over a substantial period. The case also included claims against other directors with whom there were conflicts of interest and against both the company’s solicitors and accountants in respect of their failure to discover these activities.
• Presently acting on behalf of a leading provincial firm of solicitors in litigation involving twenty Defendants relating to Solicitor Management Agreements, loan agreements and after the event insurance policies in large-scale personal injury litigation.
• Acting on behalf of leading sporting agency in claim for breach of contract against the captain of premier league football team.
• Advising and representing partnerships and former partners, in particular solicitors, accountants, doctors and dentists. Recently advised a national firm of commercial solicitors on potential conflicts of interest and breach of confidentiality issues arising out of their acquisition of another major firm of solicitors that had gone into administration.
• Instructed on behalf of the Legal Services Commission – replacing a QC – in proceedings brought against a former solicitor involving policy issues.
• An interesting case involved the right of a bank to exercise a lien over a Raphael painting (estimated value £25-£30 million) that had been deposited at a bank for safety reasons.
• Often instructed in cases involving a number of these areas of law and/or claims of professional negligence.

In excess of 20 years experience of personal injury litigation, acting on behalf of both Claimants and Defendants in a wide spectrum of claims, including a number of cases that have resulted in multi-million pound awards or settlements.

Experience includes:

• Claims involving complex financial, medical and technical issues.
• Tetraplegic and paraplegic claims.
• Catastrophic injuries to the brain and spine.
• Fatal accident claims.
• Paediatric claims.
• Industrial disease cases, including mesotheilioma.
• Psychological injuries, including nervous shock and stress at work.
• Product liability claims.
• Acting on behalf of trade unions in group actions.
• Acting for government departments.
• CICA claims.

In addition to experience in litigating claims, substantial experience in resolving claims through mediation and ’round table conferences’, including against leading counsel. Linked to personal injury practice, extensive experience of:

• Clinical negligence cases relating to the treatment of personal injuries.
• Solicitor/barrister negligence claims arising out of their conduct of personal injury claims.
• Health and safety prosecutions, including those involving fatalities.

Involved in a wide variety of construction disputes, including those involving professional negligence, ranging from single dwelling disputes to a claim of some £8 million, representing the owners of 26 houses who bought ‘executive homes’ from a national builder that had been built using an incorrect mix of mortar.

Extensive experience, both as an advocate and in an advisory capacity, of claims relating to the sale of land, trespass, adverse possession, easements, restrictive covenants and licences, encompassing the conduct and presentation of cases before the High Court, County Court, Land Appeal Tribunal and Land Registry. Instructed on behalf of individuals, companies, local authorities and government agencies.

Specialises in claims that have a land law element, including mortgages and professional negligence claims against solicitors, surveyors and land agents.

Also undertakes related fields of practice, such as town and country planning and environmental law.

Undertakes both contentious and non-contentious work, although the emphasis is weighted towards litigation. Practice encompasses:

• Drafting wills, trusts and deeds of variation.
• Advising and conducting claims relating to the construction and validity of wills and trusts.
• Claims involving undue influence and fraud.
• Claims under the Inheritance (Provision for Family and Dependents) Act 1975.
• Beneficial ownership claims involving constructive and resulting trusts and claims under the Trusts of Land and Appointment of Trustees Act 1996.

Instructed by a number of local authorities in relation to such diverse matters as landlord and tenant, planning, licensing and judicial review. Again the work is not solely litigation based. Drafted documents, relating to such matters as the allocation of houses, the provision of care and competitive tendering, and advised upon policy matters such as the legality of housing allocation schemes, disability discrimination and the refusal of the Crown Prosecution Service to disclose evidence required for possession claims prior to the completion of criminal proceedings.

Notable Cases

• North Lincolnshire Council v Act Fast CIC [2013] All ER (D) 81
  

  Appeal by way of case stated concerning the interpretation and application of Section 80(1) Environmental Protection Act 1990.

• Williams v Hinton [2011] All ER 162
  

  Guidance on whether a party who does not attend the original trial should proceed by way of appeal or by application under CPR 39.3.

• R v Ben Corran Times Law Report (2005)
  

  Guideline sentencing case for new offence of rape.

• Conwy County Borough Council v John Hefin Jones (2003) PLR
  

  Application of Article 6 of the European Convention of Human Rights to the prosecution of failing to comply with an enforcement notice and whether the appropriate remedy upon a breach of the Convention being established was a stay of proceedings.

• R v John Davies (2002) 1 Cr AppR.S 579
  

  Multiple death by dangerous driving involving issues of hypoglycaemia and vaso vagal syncope.

• Greatorex v Greatorex & MIB (2000) 1 WLR 1970
  

  Nervous shock and secondary victims.

• Roberts v Chief Constable of Cheshire (1999) 2 All ER 326
  

  False imprisonment where the initial arrest was lawful, but the Claimant’s subsequent detention was inadvertently in contravention of the Police and Criminal Evidence Act.

• DPP v Evans Times Law Reports (1996)
  

  The case involved technical arguments relating to breath and urine samples in excess alcohol cases and involved a comparison of authorities from the Divisional Court and the High Court in Scotland.