Nicholas Trompeter

Nick's practice encompasses all areas of Commercial Chancery litigation, including commercial and residential landlord and tenant matters, corporate and personal insolvency, real property disputes, civil fraud and asset recovery, trusts, contractual claims, claims on guarantees, unjust enrichment and restitutionary remedies.  He frequently appears in the High Court (in trials and on applications, including applications for injunctions), and has been involved in a number of multi-party mediations and arbitrations.

Nick regularly acts on behalf of banks and institutional lenders in professional negligence claims against both solicitors and valuers.  He was recently instructed by a magic circle firm of solicitors in a high-value rent review arbitration (being led by Guy Fetherstonhaugh QC).

Nick read Classics at New College, Oxford where he was a New College scholar. He went on to gain a distinction on the CPE at City University.  He was graded Outstanding on the Bar Vocational Course at the Inns of Court School of Law, receiving the Barstow Law Scholarship for coming third in the year overall as well as the Du Cann Memorial Prize for the highest overall marks in the advocacy assessments.

During 2008, Nick was sponsored by Gray's Inn to work as a judicial assistant to Justice Melzer in the Supreme Court of Israel in Jerusalem.  During this time, Nick was involved in researching complex points of law and drafting memoranda in respect of many high profile and high value commercial disputes, including the largest class-action case yet brought in Israel.

Nick is a recipient of the Wilfred Watson Award from Gray's Inn and is a representative for the Free Representation Unit.  He is the co-author of Warwick & Trompeter, Break Clauses, (Sweet & Maxwell 2011).

recommendations

'Up and Coming' Junior in Real Estate Litigation (Chambers & Partners 2012)

featured cases 

Acted for Clydesdale Bank Plc. Application to alter the Register, for the purposes of correcting a mistake (within the meaning of Schedule 4 to the Land Registration Act 2002). Issue whether an identity fraudster had transferred title to applicant's property. 

Central London Investments Ltd v Interforce Leisure Ltd (2011) CLCC (Recorder Sapsford QC) 
Trial of two actions together. (1) Claim for possession based on forfeiture of a lease; and counterclaim for damages for breach of the landlord's covenant for quiet enjoyment. Case involved quantification of loss of profits and cross examination of expert accountants. (2) Unopposed lease renewal of restaurant on Edgware Road. Consideration of whether the s.34 rent should be determined by using a 'zoned' or 'overall' valuation methodology.

Acted for Defendants in successfully resisting a claim for specific performance of an option agreement.

Acted for Claimants in claim for recovery of overage payments. Question of personal liability of an agent on a contract. Case involved complicated issues of fact, including a number of dispositions to off-shore entities. Settled following cross examination of Defendants' principal witness.  

Unopposed lease renewal of a retail unit in a shopping centre in Bradford. Determination of s.34 rent and interim rent. Devaluation of turnover top-up rents. 

DeVere v Hither Green Developments Ltd (2011) QBD (Langstaff J.)
Appeared for the successful respondent to an appeal brought by the appellant against a judgment entered against him in default of having filed a defence. The case involved a number of points relating to service of the Claim Form under CPR Part 6 and a novel application of the principle identified by the Court of Appeal in Nelson v Clearsprings Ltd [2007] 1 WLR 962.

Bata v Sternberg & Anr (2010) CLCC (HHJ Bailey)
Trial of a claim for large sum of money said to be due pursuant to an agreement entered into in January 1998. Issues before the Court included: (i) when a deed is 'delivered'; (ii) what constitutes an acknowledgment for the purposes of Section 29(5) of the Limitation Act 1980; and (iii) whether an order should be made under Section 140B of the Consumer Credit Act 1974.

Opayemi v Butt (2010) CLCC (HHJ Moloney QC)
Appeared for the successful defendant in a four-day trial for damages for breach of an oral contract. The case involved allegations of sham agreements, duress, and a fraudulent attempt to deprive the tenants of a residential property of their rights of first refusal under the Landlord and Tenant Act 1987.

Institute of Chartered Accountants in England and Wales v Webb Ch.D (Norris J.) [2009] EWHC 3461 (Ch), [2010] Bus LR D37
Application for the transfer of offices from a former insolvency practitioner to a new insolvency practitioner; factors the Court should bear in mind when considering which new insolvency practitioner should be appointed; where an intended insolvency practitioner is allied to, or the choice of a creditor; the relevance of the cost and expense of the intended insolvency practitioner.

IHP Limited v Fleming QBD LTL 6/7/10
Claim for price of goods sold and delivered; service of the claim form out of the jurisdiction; jurisdiction of the English courts to try the claim; comparison of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 with Article 5 of Council Regulation (EC) No. 44/2001

Maloney v Gosal (2010) CLCC Chancery List (HHJ Cowell)
Appeared for the defendant in a three-day trial to determine whether or not the court should exercise its discretion under s.19(1) of the Landlord and Tenant Act 1987 to order the freeholder of a house converted into three flats to sell it to qualifying tenants pursuant to s.12B of the Act.

Business Flats Ltd v Ahmed (2010) CLCC Chancery List (HHJ Cowell)
Appeared for the tenant in a three-day residential dilapidations claim.

Lory v Harpserve Ltd (Adjudicator to HMLR) 11/11/09
Successfully resisted a claim to title to a piece of land based on adverse possession. Consideration of Paragraph 5 of Schedule 6 to the Land Registration Act 2002 and whether the applicant had a reasonable belief that he owned the disputed land.

13-36 Colehill Gardens (Freehold) Ltd v Metropolitan Heights Ltd (2009) CLCC Chancery List (HHJ Marshall QC)
Appeared for the defendant in a two day trial to determine the validity of an initial notice served pursuant to s.13 of the Leasehold Reform Housing and Urban Development Act 1993, and the validity of a counter-notice purportedly served pursuant to s.21 of the Act.

Kurtha v Marks QBD (Tugendhat J.) [2008] EWHC 336 (QB)
Recovery of lost / stolen art; claim in conversion; application of ss.2 - 4 of the Limitation Act 1980.