Nigel Brook

Nigel worked as a commercial litigation solicitor for more than 13 years. His practice spanned a broad spectrum of claims and contexts.

Examples of Nigel’s experience include:

• Extensive experience advising parties on their contractual obligations and breach. Advice on the interpretation of contracts; allegations of misrepresentation; advising on implied terms; and advice on duress/capacity in contracting.
• Claims regarding interference with personal property, including claims in conversion and advising on stakeholder claims. Advising on issues around retention of title.
• Several cases involving peer-to-peer lending where the lender has fallen into insolvency, with the office-holders then pursuing claims, including pursuant to personal guarantees.
• Advising on the challenge of public bodies through judicial review, including planning authorities; Ofsted in the context of schools and children’s homes; and HMRC.
• Claims in defamation and malicious falsehood, including the intimation of injunctive relief to prevent a regulator from publishing conclusions reached through a procedurally flawed inspection, leaving it subject to judicial review.
• Claims for breaches of intellectual property rights: infringement of copyright; trademarks; passing off; breaches of licensing agreements; breaches of confidence; misuse of trade secrets.
• Advice to a University student on regulatory challenge and claims in judicial review / breach of contract against a higher education institution which failed to adhere to principles of natural justice in its disciplinary procedures.
• Various experience of insolvency proceedings, including statutory demands; bankruptcy petitions; winding-up petitions.
• Acting for an Isle of Man trustee in a multi-jurisdictional dispute relating to the listing of a well-known company on the London Stock Exchange.
• Advice to entity incorporated out of the jurisdiction on Norwich Pharmacal application and worldwide freezing order (Mareva injunction).
• Advice on the privilege against self-incrimination in the context of witness evidence in civil proceedings.
• Shareholder disputes and unfair prejudice petitions, including interim injunctions to prevent majority abuse pending resolution of the dispute; O’Neill v Phillips
• Restoration of companies to the register, including on an urgent ex parte basis where a company’s directors had wrongfully caused it to be dissolved, despite an active standstill agreement.
• Acting on an ad-hoc international arbitration between travel companies in the context of restrictions imposed during the coronavirus pandemic.

Nigel is an expert in professional negligence work, which formed a substantial part of his practice as a solicitor. He has experience of acting for both claimants and defendants (and their insurers).

He has acted on claims involving various professionals including solicitors; barristers; conveyancers; accountants; tax advisors; and construction professionals. His understanding of disputes with HMRC leaves him well-placed to assist in cases involving allegations of defective tax advice.

Examples of Nigel’s experience include:

• Acting for c. 160 investors in group actions pursued against four firms of conveyancers/solicitors. The claimants had entered into contracts to purchase student flats off-plan, in a form of collective investment scheme. Their high percentage deposits had been forfeit when the relevant entity fell into corporate insolvency.
• Claim against two firms of accountants arising from the tax affairs of a high net worth, non-domiciled individual, initially presented as claims to recover modest tax penalties, but in which Nigel identified an additional (significant) head of loss.
• Levack & Anor. v Philip Ross & Co (a firm) & Ors. [2019] EWHC 762 (Comm) – Claim brought against solicitors (and others) who had acted on the joint acquisition of a London property, including allegations of deceit. Determined summarily on the basis that the solicitors had transferred c. £5m in breach of trust.

Nigel is a recommended expert in property litigation, with experience of injunctions, declaratory relief, private nuisance, Landlord and Tenant Act 1954 renewals, and possession claims. Whilst a solicitor at Tyr in Leeds, Nigel spent a year acting as the firm’s Head of Property Litigation and was recognised in the Legal 500 directory for his expertise in this field.

Examples of Nigel’s experience include:

• Acting as part of a team which successfully obtained urgent injunctive relief against “persons unknown” who had been participating in protests at multiple sites, in an early example of what has now become the Wolverhampton City Council jurisdiction.
• Acting in a claim for an injunction and declarations in connection with the use and development of land within a business park including advice on the interpretation of covenants.
• Acting on various disputes between the occupiers of neighbouring properties, including claims in private nuisance.
• Advice to hotel chain on obtaining possession from a long-term, vulnerable guest, including compliance with the Equality Act 2010.
• Advice to a corporate on defects to structure including regarding collateral warranties.

After qualifying as a solicitor in London, Nigel spent several years in RPC’s market-leading tax litigation team. Since relocating to the North, Nigel has continued to assist clients both in disputes with HMRC and civil claims arising in a tax context, and whilst at Tyr he led the tax litigation work.

Nigel has acted on appeals before the tax tribunals and higher courts, and pursued judicial review proceedings against HMRC. His understanding of disputes with HMRC leaves him well-placed to assist with professional negligence claims involving allegations of defective tax advice, and broader commercial disputes with a tax aspect.

Nigel has assisted several clients who have become embroiled in tax disputes in the context of corporate insolvency. This has typically seen HMRC and/or liquidators pursuing directors (or others formerly involved in an insolvent corporate) seeking to affix them with personal liability, either through HMRC’s powers or on the basis that there are antecedent transactions or breaches of directors’ duties which give rise to civil claims.

Examples of Nigel’s experience include:

• Suttle & Anor. v HMRC [2023] UKFTT 873 (TC) – Nigel led a team acting for one of two directors of a company which had operated as an umbrella employer (now in liquidation). HMRC alleged that the company had engaged in deliberate and concealed conduct causing an underpayment of tax of c. £12.5m, justifying the imposition of penalties against the company of a further c. £10.6m. HMRC sought to recover the penalties from the directors through Personal Liability Notices.  Following a long-running dispute, the directors’ appeals were ultimately upheld at Tribunal.
• Claim against two firms of accountants arising from the tax affairs of a high net worth, non-domiciled individual, initially presented as claims to recover modest tax penalties, but in which Nigel identified an additional (significant) head of loss.
• Professional negligence claim against a barrister, being the architect of tax planning subsequently challenged by HMRC, including on the basis that there was a failure to notify the arrangements under DOTAS.

• 2010 – Training Contract with RPC in London, including six-month secondment to the BBC’s Litigation & Intellectual Property Department.
• 2012 – Qualified as a solicitor with RPC in London.
• 2015 – Relocated to Leeds to work in the Complex Financial & Tax Disputes team at Schofield Sweeney.
• 2019 – Founding member of the Litigation team at Tyr.
• 2022 – Appointed as a Deputy District Judge, sitting on the North Eastern Circuit.
• 2023 – Acting Head of the Property Litigation team at Tyr.
• 2024 – President of Leeds Law Society.
• 2025 – Called to the Bar by Middle Temple.

• Leeds Law Society
• Middle Temple

As a solicitor at Tyr in Leeds

“They care about their clients and so understand how the matter is impacting on them, the consequences of success or failure. That helps to drive the commercial outputs and provide balance against the legal backdrop. Standout members of the team are Matthew Fidler and Nigel Brook.” Legal 500, 2025 (Commercial Litigation – Solicitors)

“Laura Salvati, Nigel Brook and Sallyanne Phillips were very patient and explained in detail the technical complexities of my case. The situation was very new to me and they gave me confidence and mapped out the practical route to resolving it. I felt significantly better having spoken to them. You knew they understood what they were doing.” Legal 500, 2025 (Property Litigation – Solicitors)

“Nigel Brook is a cunning litigator with unbelievable perseverance.” Legal 500, 2024 (Commercial Litigation – Solicitors)

“Nigel Brook stands out as particularly strong. He is hard-working and thorough. He knows when to pick up the phone and make direct contact.” Legal 500, 2024 (Commercial Litigation – Solicitors)

“Matthew Fidler and Nigel Brook both bring a wealth of experience and understanding to highly sensitive commercial disputes. They are empathetic in their client relationships and creative in their strategic thinking.” Legal 500, 2023 (Commercial Litigation – Solicitors)