Nathaniel Bird

Nathaniel is ranked by Chambers and Partners as a leading junior for Banking & Finance disputes (Band 4). He has experience of a wide range of banking and financial services matters, including derivatives, leveraged finance, M&A, securitisation, payment services, commercial and consumer lending, guarantees, mortgages and investment advice claims. Earlier in his practice, Nathaniel was seconded to the banking and financial markets litigation team at Dentons, where he gained experience of handling numerous banking-related disputes.

Recent instructions and experience in relation to Banking and Finance disputes include:

• RS Luxembourg II S.à.r.l. v Solidare Real Estate Holding GmbH (ongoing) – acting (as sole counsel, instructed by Baker McKenzie) for a lender in relation to a €14 million claim on a parent company guarantee. Listed for a four-day trial in the Commercial Court in 2024.
• NMC Healthcare Ltd v Dubai Islamic Bank PJSC (2021–2023) – acted (led by Ewan McQuater KC and David Quest KC, instructed by Eversheds Sutherland (International) LLP) for two Islamic banks in high-value proceedings in the Abu Dhabi Global Market court and an LCIA arbitration concerning their lending to the NMC Healthcare Group, the largest private medical provider in the Middle East and formerly a FTSE 100 company until its collapse into administration.
• Capital Investment LLC v Goldilocks Investment Company Limited (2021–2022) – acted (led by Ewan McQuater KC, instructed by Simmons & Simmons) for a Middle Eastern investment fund in relation to a dispute concerning the validity of redemption restrictions put in place by the fund following the COVID-19 pandemic.
• Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd (2020) – acted, led by David Head KC and instructed by Hogan Lovells, for an investment structuring boutique in a claim for misuse of its confidential information relating to complex alternative investment structures.
• Confidential (2019) – advised the government of a nation state as to the validity of sovereign bonds with a face value of almost USD 1bn in the light of fraud allegations.
• Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings (2017) – acted for Citigroup, led by Adrian Beltrami KC and David Allison KC and instructed by Allen & Overy, in the defence of a USD 200m+ claim alleging that two high-value structured derivatives on synthetic leveraged portfolios of hedge funds investments were mis-sold and closed out in a commercially unreasonable manner. The case settled shortly before what was due to be a five-week trial in the Commercial Court.
• Libyan Investment Authority v Société Générale & Ors (2017) – acted for Société Générale in one of The Lawyer’s ‘Top Cases of 2017’ defending claims by Libya’s sovereign wealth fund that investments in structured products totalling circa USD 2.1bn were procured by bribery and the exertion of undue influence on its executives in Gaddafi-era Libya. The claim was settled in the first week of an eleven-week trial in the Commercial Court.
• Terra Firma v Citibank (2016) – acted for Citibank, led by Mark Howard KC, Peter Ratcliffe and Fred Hobson, in the successful defence of a £2.3bn claim for fraudulent misrepresentation brought by private equity fund Terra Firma relating to its acquisition of EMI in 2007. The dispute was named as one of The Lawyer’s ‘Top Cases of 2016’. Terra Firma discontinued the claim, and withdrew all allegations, after the first two days of cross-examination in what was due to be a seven-week Commercial Court trial.
• Grangebrook Ltd & ors v Barclays Bank plc (2015) – led by Ali Malek KC and Peter de Verneuil Smith, instructed by Enyo Law, in a Commercial Court claim against Barclays Bank for the misselling of complex interest rate hedging products and LIBOR/Euribor manipulation. The claim was settled prior to the first CMC.

Nathaniel is ranked by Chambers and Partners as a leading commercial junior (Band 4). He has experience of a diverse range of commercial and company law disputes and arbitral proceedings, including contractual and tortious claims, warranty claims, claims against directors and professionals, shareholder disputes (including unfair prejudice proceedings) and injunctive relief.

Examples of recent instructions and earlier experience include:

• Jinxin Inc v Aser Media Pte Limited & Ors (ongoing) – acting (led by Adrian Beltrami KC and instructed by Herbert Smith Freehills) for the purchasers of a sports media rights agency in a USD 600+ million claim against the sellers for fraudulent misrepresentation. The claim is listed for a 21-week trial in the Commercial Court in 2025.
• Richard Lisman v Bonhams 1793 Ltd (2021–2022) – acted (as sole counsel, instructed by RPC) for auction house Bonhams in defence of a claim that it misdescribed a classic racing car at auction.
• Vannin Capital PCC v RBOS Shareholders Action Group Ltd (2017–2020) – acted (led by Christopher Harris KC and instructed by RPC) for a leading litigation funder in a claim arising out of the settlement of the RBS Rights Issue Litigation. The case was named as one The Lawyer’s ‘Top 20 Cases of 2020’ and settled shortly before trial.
• Total Soft SA v Ferabosco Investment Limited & Ors (2020) – acted (led by Rajesh Pillai KC and instructed by Holman Fenwick Willan) for the sellers of a leading Romanian software company in defence of claims for breach of warranty.
• Triumph Controls UK Ltd & Ors v Primus International Holding Company & Ors (2016–2020) – acted (led by Rajesh Pillai KC and instructed by RPC) for the purchaser in a successful breach of warranty claim, heard over five weeks in the TCC, relating to the acquisition of aerospace engineering companies ([2019] EWHC 565 (TCC)). Successfully defeated an appeal against the Judgment ([2020] EWCA Civ 1228).

Nathaniel has experience of heavyweight civil fraud litigation, particularly with international elements, and associated applications, including:

• JSC Commercial Bank PrivatBank v Kolomoisky & Ors (ongoing) – acting for Ukrainian businessman Gennadiy Bogolyubov in defence of a USD 1.9bn civil fraud claim brought by Ukraine’s largest bank and being tried over 13 weeks in the Chancery Division. Led by Clare Montgomery KC and instructed by Enyo Law.
• Jinxin Inc v Aser Media Pte Limited & Ors (ongoing) – acting (led by Adrian Beltrami KC and instructed by Herbert Smith Freehills) for the purchasers of a sports media rights agency in a USD 600+ million claim against the sellers for fraudulent misrepresentation. The claim is listed for a 21-week trial in the Commercial Court in 2025.
• PJSC Tatneft v Bogolyubov & Ors (2020) – successfully defended Mr Bogolyubov against a USD 300m civil fraud claim tried over 12 weeks in the Commercial Court. Led by Ewan McQuater KC and Matthew Parker KC, instructed by Enyo Law.
• 1Malaysia Development Berhad v International Petroleum Investment Company (2018–2023) – represented Abu Dhabi state owned investment funds IPIC and Aabar in defence of multi-billion dollar claims arising from the Malaysian 1MDB scandal. Led at various stages by Laurence Rabinowitz KC, Mark Howard KC and Ewan McQuater KC and instructed by Clifford Chance.
• Libyan Investment Authority v Société Générale & Ors (2017) – acted for Société Générale in one of The Lawyer’s ‘Top Cases of 2017’ defending claims by Libya’s sovereign wealth fund that investments in structured products totalling circa USD 2.1bn were procured by bribery and the exertion of undue influence on its executives in Gaddafi-era Libya. The claim was settled in the first week of an eleven-week trial in the Commercial Court.
• Newmafruit Farms Ltd & ors v Pither & Ors (2016–19) – successfully obtained worldwide freezing injunctions and asset tracing orders in support of claims against a company finance director and others accused of conspiring to defraud a wealthy businessman. Led by David Head KC and instructed by Peter & Peters.
• USD 150m LCIA Arbitration (2016–2017) – acted, led by Christopher Harris, in the defence of claims brought by the liquidator of a Cayman Islands hedge fund against its former technical services provider alleging fraudulent misrepresentation and accounting irregularities.
• Terra Firma v Citibank (2016) – successfully defended Citibank against a £2.3bn claim for fraudulent misrepresentation brought by private equity fund Terra Firma in relation to its acquisition of EMI in 2007. The claim was discontinued, and all allegations were withdrawn, after the first two days of cross-examination in what was due to be a seven-week Commercial Court trial. Led by Mark Howard KC and instructed by Clifford Chance.

Nathaniel’s experience includes:

• Richard Lisman v Bonhams 1793 Ltd (2021–2022) – acted (as sole counsel, instructed by RPC) for auction house Bonhams in defence of a claim that it negligently misdescribed a classic racing car at auction.
• Hargreaves v PwC (2020) – acted (led by Adrian Beltrami KC and Conrad McDonnell instructed by Travers Smith) for Matalan-founder John Hargreaves in a substantial claim against PwC for negligent tax advice.
• Newmafruit Farms Ltd v Green & Peter Ltd (2018–19) – acted (led by David Head KC and instructed by Peter & Peters) for the claimant in proceedings against its former auditors for failure to spot a long-running fraud.
• APG Cash Drawer Ltd v Hobday & Ors (2017–18) – acted (led by Christopher Harris KC and instructed by DLA Piper) for the directors of a manufacturing company in defence of claims of professional negligence and breach of duty relating to foreign exchange hedging transactions adversely affected by the Brexit referendum.

Nathaniel has an interest in insurance law as a result of his time at the Law Commission prior to coming to the Bar, where he worked on the reform of commercial insurance law leading to the Insurance Act 2015. He was involved in formulating the Commission’s policy on the pre-contractual duties of insureds and brokers, insurers’ remedies for non-disclosure and misrepresentation and in relation to liability and compulsory third-party insurance policies and was responsible for instructing Parliamentary Counsel on the drafting of the 2014 Bill.

Nathaniel’s Insurance and Reinsurance experience includes:

• Acting (led by Tom Weitzman KC) for a listed mining company in a claim arising from flood damage sustained during the construction of a hydroelectric power plant.
• Acting (led by Tom Weitzman KC) for Guernsey closed-end investment schemes in a claim against D&O insurers relating to the conduct of their former directors.
• Acting (led by Catherine Gibaud KC) for the Export Credit Guarantee Corporation of India in defence of claims by Equitas under excess of loss contracts of reinsurance.