Nicholas Berry

Nick is generally instructed through long-standing solicitor and professional clients, by recommendation. As well as being instructed in company and partnership disputes, he is often instructed to directly represent firms of solicitors, barristers, surveyors, architects, doctors and veterinarians on their own commercial issues and on private and sensitive matters.

Company Law & Partnerships

•  Drafting Shareholder’s Agreements and Articles for long term enterprises and SPVs including setting up and advising on company restructuring and subsidiaries
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•  Drafting and advising on charges and security documents for startup and existing companies.
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•  Advising on director’s powers and duties under Company legislation and on minority interests
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•  Drafting Partnership deeds and advising on disputes, dissolution and termination
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•  Advising on bankruptcy and insolvency.
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•  Setting up company structures for holding companies and individuals to promote company control and tax efficiency. Nicholas usually works with accountants in this field.

Advising & Drafting Commercial Leases

•  For agreement on 1954 Act lease renewals
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•  For subletting on commercial properties including large interests in Inner London and on industrial estates.

Nicholas has acted in successful and substantial cases relating to developments in towns where challenges arose from businesses and the public. This has developed from the major planning disputes where he regularly represented all West Country County Councils in large developments to towns.

Intellectual Property

Intellectual property (e.g., copyright and database law not including patents) is a significant part of Nick's practice and the internet has spawned a large number of disputes about ownership rights of the names, ideas, produce, assets and advertising of people and their businesses online with increasingly multi-national dimensions.

Wills & Trusts

•  Drafting wills and Trust of Land deeds and settlements
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•  Advising on the interpretation of wills, tax implications (in complex cases in conjunction with an accountant or tax planner) and on care home charges and powers of attorney
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•  Advising on trustee’s powers and duties and beneficial interests
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•  Contentious probate; challenging wills including capacity and undue influence grounds and Court of Protection issues

Defamation

Nicholas has dealt with the ever-rising tide of defamation claims as a result of online activities by rivals in business, love, and religion.

Specific cases of interest:

•  A case where a woman was transferred a residential property from a previous marriage and her new partner joined her in occupation for 18 years and then claimed an interest on the basis of mortgage payments and a course of dealing.  The woman was concerned about inheritance for her two children of different partners and the case was contested under the Stack v Dowden and Jones v Kernot principles. The woman gave evidence in a traumatic hearing where her evidence was taken in hospital as she was terminally ill.
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•  A case where the beneficiaries under a Will contested the executor’s interest in a property shared with the deceased. The case, while fairly typical, illustrates the interplay between Inheritance Act and TLTA principles.
  
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•  A case where an odd job man claimed an equal share in a £35 million development company on the basis of a course of dealing and equitable estoppel. This case involves foreign jurisdiction, company and family law.
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•  A case on appeal concerning the Court’s approach to contributions during co habitation.
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•  A case where a convicted murderer was claiming an interest in a public house where he had co habited with the publican and then shot her husband.

Languages

•  German
•  French
•  Italian
•  Afrikaans
•  Swahili

Personal Interests

Nicholas ives in Exmoor on a small farm holding (Exmoor horn sheep and Red Devon cattle) and enjoys sailing.

• Called to the Bar in 1988