Profile


Jason Nickless is experienced in
commercial and civil litigation. He can be relied upon to provide carefully
considered advice and robust representation in contentious disputes.

Before being called to the Bar in
2001, Jason Nickless worked as an academic at the University of Leuven and
later as the managing director of his own consultancy company. He has published
numerous books and articles on the subject of European Social Law. He has also
given presentations at conferences and lectures at universities throughout
Central and Western Europe including Barcelona, Brno, Brussels, Bucharest,
Budapest, Genève, Graz, Helsinki, Kiev, Ljubljana, Luxembourg, Maastricht,
Mangalia, Moscow, Ostend, Prague, Sarajevo, Strasbourg and Tallinn. He has
undertaken consultancy work for the Council of Europe in Strasbourg and the
European Commission in Brussels as well as government ministries and NGO's.

Testimonials

"I have instructed Jason on
numerous occasions over the last 7 years and have always found him to be
extremely knowledgeable about those matters. He takes the time to fully
research the particular area before providing his position and in Conferences
has an excellent manner with the clients, making sure they understand the
various options open to them.  He is always approachable and I have found
his willingness to have exploration and strategy discussions on the telephone
invaluable. I have no hesitation in recommending him" - Matt Parker, Forest Edge Solicitors
 

"We regularly instruct Jason
Nickless in cases involving complex contentious matters for both Claimant and
Defendant clients.  On every occasion, we and our clients have been
impressed by Jason’s particular attention to detail, his ability to grasp
quickly the issues in dispute and to convey key arguments in Court in a clear
and persuasive manner.  On the whole, we find Jason to be very
approachable, calm under pressure and a safe pair of hands" - Gurmail Pardesi, RM Solicitors

Expertise


BUSINESS AND COMMERCIAL

Jason Nickless is a commercial
litigator with extensive experience in contractual disputes, corporate as well
as personal insolvency, director’s duties, company law, partnership, agency,
unjust enrichment and contentious trust matters. He enjoys cases with an
international flavour and has advised clients both on and off-shore. He has
recently appeared in the High Court where he was able to resist the enforcement
of a German order relating to the sale of a vintage Rolls Royce in the UK.

He has substantial experience in
the field of insolvency dealing with matters in the High Court and County
Courts. He has represented and advised corporations, liquidators and
individuals in dealing with issues arising from statutory demands; injunctive
relief; winding up; stays of moratorium; challenging the actions of liquidators
and trustees; appointment and conduct of receivers; retention of title as well
as commercial litigation for the recovery assets for liquidators.

He can be relied upon to provide
clear and practical advice in all fields of commercial law. He is fully aware
of the realities of the commercial world and the increasing need to maintain
good business relationships in a difficult financial climate.

Jason Nickless recently
represented a FIFA agent in a 5 day trial in a dispute with another agent over
a finder’s fee paid by a premiership football team which involved issues of
legal personality, breach of trust and contractual mistake.

Jason Nickless has represented
commercial parties in numerous mediations by providing advice on prospects of
success in the main action, general strategy and how best to draft any
agreement that may be reached.

BUILDING
AND CONSTRUCTION

Jason Nickless has represented
large scale builders, family firms and home owners in disputes involving
allegations of defective works and breaches of contract. He has been involved
with cases that rely upon standard contractual terms as well as those based
upon nothing more than a handshake. He has recently been involved in a case
dealing with alleged defects in a hydro-electric power facility in southern
Africa. He is experienced in liaising with experts and appreciates the
importance of understanding the specialised terms of art and practice involved
in the many different types of construction process. He is fully familiar with
provisions in respect of the Party Walls etc Act 1996 and recently represented
an Indian restaurant in a 5 day appeal against an award.

PROPERTY

Jason Nickless has expertise in
property law. He has dealt with both commercial and residential disputes in
this field including boundary disputes, easements, restrictive covenants,
rights of way, access to neighbouring land, Party Wall etc Act 1996 appeals,
overage, nuisance and trespass. Jason Nickless is experienced in dealing with
the all too familiar ‘spill over effects’ of neighbour disputes and is able to
provide assistance with (emergency) injunctive relief to protect property and
person from damage, injury or harassment. Cases of interest undertaken by Jason
Nickless include a highly contested dispute in which Mr Nickless was able to
persuade the Court that the disconnection of electricity to unoccupied holiday
chalets during the winter months amounted to an act of nuisance. A very recent
case concerned the alleged pollution of a stream flowing beneath a coal yard
and onto the claimant’s residential property. That case involved complex issues
of law relating to nuisance, trespass, Rylands v Fletcher, limitation and the
Environmental Protection Act 1990.

Jason Nickless also undertakes
work in respect of commercial and residential landlord and tenant matters. His
cases have included those relating to the renewal of business leases,
complicated disrepair, repossession, protection from eviction and service
charges. He will undertake legal aid work and is able to prepare advices
vis-a-vis the grant of such.

PROFESSIONAL NEGLIGENCE

Jason Nickless has experience in
providing advice, drafting and representation concerning professional
negligence of solicitors, accountants and surveyors. Many of his cases have
involved complex issues of causation and limitation. He fully understands that
clients who feel that they have been poorly treated by other professionals will
find it difficult to trust their new advisors. Jason Nickless always aims to
give clear, sympathetic and carefully considered advice.

INHERITANCE, WILLS AND
PROBATE

Jason Nickless provides
representation and advice in this very sensitive area of law. He can provide
practical and carefully considered assistance with claims under the Inheritance
(Provision for Family and Dependants) Act 1975 and all other areas of
contentious probate. He appreciates that these claims are typically made when
his clients are facing some of the worst times of their lives and are often in
desperate need of practical and clear direction delivered in a thoughtful and
considerate manner. Jason Nickless has a particular interest in capacity cases
and liaises well with experts.

More information

QUALIFICATIONS:



·        

Gray's Inn (2001)



·        

LLB (hons)(Dunelm)



·        

LLM (Katholieke Universiteit
Leuven)

PROFESSIONAL
ASSOCIATIONS:

Personal Injury Bar Association,
Family Law Bar Association

NOTABLE
CASES:



·        

Re R (A Child) [2009] EWCA Civ
1619, [2009] 2 FLR 83

PUBLICATIONS:



·        

Co-ordination of Social Security
in the Council of Europe: Short Guide (co-written with Helmut Siedl) (Council
of Europe: 2004)



·        

European Code of Social Security:
Short Guide (Council of Europe: 2002)



·        

Trends and Developments in
Old-Age Pension and Health-Care



·        

Financing in Europe During the
1990s (Council of Europe: 2002



·        

Pathways for Social Protection in
Europe (Ministry of Social Affairs and Health: 1998)



·        

The Impact of European
Competition Law on Social Health Care Providers (MAKLU: 1998)

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