Nigel Brook

Nigel is an expert in claims involving professional negligence. His practice focuses on claims arising from the conduct of solicitors; barristers; accountants; and tax advisers. He accepts instructions from both claimants and defendants and is experienced in working closely with insurers. He provides clear advice and effective representation. His familiarity with tax disputes makes him an ideal choice for claims arising in a tax context.

Lawyers

Nigel is well-placed to act in professional negligence claims arising from the conduct of solicitors; barristers; and other legal professionals. Before he was called to the Bar, he practised as a senior commercial litigation solicitor. His first-hand experience of legal practice gives him a detailed understanding of the commercial; regulatory; and practical issues faced by lawyers. His advice is commercially astute and sensitive to the realities of professional practice.

Examples of relevant experience include:

• Acting for around 160 investors in group actions pursued against four firms of conveyancers. The claimants had entered into contracts to purchase off-plan student flats in a form of collective investment scheme. The claims arose following the loss of substantial deposits through the insolvency of the relevant development entity.
• Acting for a private individual in a claim featuring argument as to the scope of the defendant’s retainer on a corporate transaction, and whether it extended to the claimant.
• Levack & Anor. v Philip Ross & Co (a firm) & Ors. [2019] EWHC 762 (Comm) – Acting in a claim against solicitors (and others) arising out of the joint acquisition of a London property, including allegations of deceit. Determined summarily on the basis that the solicitors had paid out around £5m in breach of trust.

Accountants and tax advisers

Nigel has substantial experience in claims arising from the conduct of accountants and other tax advisers. He has acted in appeals before the Tax Tribunals and higher courts, and has pursued judicial review proceedings against HMRC. He draws on this experience to assist clients to navigate the complex issues which arise from allegedly defective tax and accounting advice, including advising on cases arising from failed tax-planning arrangements, mitigation of loss in a tax context, and causation issues.

Examples of relevant experience include:

• Acting in a claim against two firms of accountants arising from the tax affairs of a high-net-worth, non-domiciled individual. Although initially presented as a claim concerning relatively modest tax penalties, Nigel identified an additional and substantial head of loss arising from an overseas marital settlement.
• Acting in a claim against a barrister who had devised tax planning arrangements subsequently challenged by HMRC, including allegations that there was a failure to notify HMRC of the arrangements under the Disclosure of Tax Avoidance Schemes (DOTAS) regime.
• Acting for the executors of an estate where historic tax advice had unnecessarily deprived the beneficiaries of certain tax relief.

Property disputes

Nigel is a recommended expert in property litigation, with experience of injunctions, declaratory relief, private nuisance, Landlord and Tenant Act 1954 disputes, 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 relevant 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.
• Acting in a claim giving rise to issues under the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’).
• Acting in a claim arising from ecclesiastical property, including dealing with issues arising through property being held by a corporation sole.
• Advising on alleged misrepresentations made by a landlord prior to the tenant taking up occupation.
• 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.

Construction disputes

Nigel is instructed in a range of construction disputes. He is experienced in acting on claims involving both bespoke contracts and a variety of standard-form JCT contracts. His commercial litigation background allows him to provide practical and commercially focused advice from an early stage of a dispute.

Examples of relevant experience include:

• Advising a corporate tenant on defects to structure at industrial buildings, including regarding collateral warranties.
• Advising a specialist timber construction company in relation to allegedly defective agricultural buildings.
• Acting for the defendant in a claim arising from allegedly defective works undertaken at residential premises pursuant to a JCT Home Owner Contract.

Nigel has substantial experience in public and administrative law. He acts for both public bodies and private parties. He is particularly well-placed to advise on disputes arising at the intersection of public and commercial law, drawing on his broader commercial litigation practice to provide pragmatic and effective advice. His experience includes challenges to decisions of local authorities, HMRC and other public bodies, as well as pre-action advice where a public law challenge is contemplated. His public law practice spans a broad range of sectors, including education, social care, planning and taxation.

Examples of relevant experience include:

• Acting for a local authority in defence of a claim alleging that it had acted unlawfully in the public procurement of adult social care services under the Care Act 2014.
• Acting in judicial review proceedings arising from a planning decision, focused on the lawfulness of the planning authority’s decision-making.
• Advising schools; children’s homes; and other regulated entities in relation to potential public law challenges arising from allegedly defective inspections undertaken by Ofsted.
• Acting in judicial review proceedings against HMRC.
• Acting for a local authority in relation to the enforcement of unpaid council tax liabilities.
• Acting for a University student in a regulatory challenge and claims in judicial review / breach of contract arising from allegations that the institution failed to adhere to principles of natural justice in its disciplinary procedures.

Nigel has substantial experience of disputes arising from the ownership, management and control of private companies. He accepts instructions relating to shareholder disputes, unfair prejudice petitions, alleged breaches of directors’ duties, and linked commercial litigation. His advice is grounded in a practical understanding of how businesses operate and the commercial realities that frequently drive corporate disputes.

Examples of relevant experience include:

• Acting in shareholder disputes, including petitions under section 994 of the Companies Act 2006, applications for interim injunctive relief, and deploying O’Neill v Phillips offers as a means of achieving a commercial resolution.
• Acting in a series of claims in which directors and companies were alleged to have breached their obligations to keep (and to make available for inspection) a copy of their register of members.
• Acting in disputes involving allegations that the relevant company is – in reality – being operated as a quasi-partnership.
• Acting in a claim in which a former director was alleged to have breached his duties to the company including duties of confidentiality.
• Acting on 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 in the face of extant litigation.

Nigel is an experienced commercial disputes practitioner. Before being called to the Bar, he practised as a commercial litigation solicitor for 13 years. He has experience acting on a broad spectrum of business disputes, including contractual claims, insolvency proceedings, intellectual property disputes, fraud-related litigation and arbitration.

Examples of relevant 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.
• Claims in defamation and malicious falsehood.
• Claims for breaches of intellectual property rights: infringement of copyright; trademarks; passing off; breaches of licensing agreements; breaches of confidence; misuse of trade secrets.
• 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 its obligations to engage with intimated Norwich Pharmacal application in the context of allegations of complex fraud and potential worldwide freezing order (Mareva injunction).
• Advice to a private individual on the privilege against self-incrimination and related issues in the context of giving witness evidence.
• Acting on an ad-hoc international arbitration between travel companies in the context of restrictions imposed during the coronavirus pandemic.

• 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.
• 2015 – Joined the Complex Financial & Tax Disputes team at Schofield Sweeney in Leeds.
• 2019 – Founding member of the Litigation team at Tyr.
• 2022 – Appointed as a Deputy District Judge.
• 2024 – President of Leeds Law Society.
• 2025 – Called to the Bar by Middle Temple, and joined St John’s Buildings.

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)