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Nigel Pleming KC

“Calm under pressure, unflappable, suave and extremely affable, he is one of [39 Essex Chambers’] stellar senior members” The Legal 500 2021

“A living legend: he fully deserves his reputation as one of the top silks of his generation. Highly knowledgeable and absolutely wonderful to work with, he has no weaknesses.” Chambers and Partners 2019

Nigel is ranked and recommended in The Legal 500, Chambers and Partners, and the Chambers 100 in Administrative and Public Law, Environment and Planning, VAT/indirect tax law, and Human Rights and Civil Liberties,

Areas of expertise

Administrative and Public Law

Nigel has practised in many aspects of this area over the past 40 years, focusing more recently on regulatory and commercial judicial review cases. He has advised and represented clients in the UK, Hong Kong, Belize and the Caribbean.

Cases of note

  • R (on the application of Peak Gen Top Co Ltd) v Gas and Electricity Markets Authority [2018] EWHC 1583 (Admin)
  • The Queen (on the application of British American Tobacco Ltd and others) v Secretary of State for Health [2018] QB 149
  • RWE Generation UK PLC v Gas and Electricity Markets Authority [2015] EWHC 2164 (Admin)
  • Fortis TCI Ltd v Islandcom Telecommunications Ltd [2014] UKPC 33
  • Core Issues Trust v Transport for London [2013] EWHC 651 (Admin); [2014] EWHC 2628 (Admin)
  • Bancoult v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 708, [2014] 1 WLR 2921
  • Belize Bank Ltd v Attorney General of Belize [2011] UKPC 36.

Environment and Planning

Nigel advises clients on environmental and planning issues covering pollution, waste management, safety, etc. He has recently become increasingly involved with the British Institute of International and Comparative Law (BIICL) in their research into climate change challenges here, and around the world - to view click HERE

Cases of note

  • R (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214
  • R (on the application of Spurrier) v Secretary of State for Transport [2019] EWHC 1070 (Admin)
  • R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2018] UKSC 3, [2018] 1 WLR 973
  • Hysan Development Company Limited v Town Planning Board (Hong Kong) [2016] FACV Nos 21 and 22 of 2015
  • East Sussex CC v Information Commissioner (C-71/14) [2016] CMLR 5, [2016] Env LR 12

VAT/Indirect Tax

Nigel has mainly advised and represented HRMC in relation to VAT issues, appearing regularly in a range of the courts, from the First-tier Tax Tribunal to the Supreme Court.

Cases of note

  • Revenue and Customs Commissioners v News Corp UK and Ireland [2021] EWCA Civ 91
  • Virgin Media Ltd v Revenue and Customs Commissioners [2020] UKFTT 30 (TC)
  • Good Law Project Ltd v Revenue and Customs Commissioners [2019] EWHC 3125 (Admin), [2020] STC 145
  • Marriott Rewards LLC v Revenue and Customs Commissioners [2018] UKUT 129 (TCC)
  • Hutchison 3G UK Ltd v Revenue and Customs Commissioners [2018] UKFTT 289 (TC)
  • Associated British Ports [2016] UKFTT 491 (TC)
  • Pendragon PLC v Revenue and Customs Commissioners [2015] UKSC 37, [2015] 1 WLR 2838

Human Rights and Civil Liberties

Human rights and civil liberties are now more likely to feature in other areas of law, but below are recent cases where human rights were central. 

Cases of note

  • Core Issues Trust v Transport for London [2013] EWHC 651 (Admin); [2014] EWHC 2628 (Admin), and [2014] EWCA Civ 34
  • R v Chaytor (David), and others [2010] UKSC 52, [2011] 1 AC 684.

Arbitration

Nigel has experience of advising in arbitration issues related to enforcement protecting agreements and awards in the UK and Belize.

He has recently completed, as co-arbitrator, an international arbitration between a Mauritian and Indian party. The arbitration involved a substantial shareholder dispute under the ICC rules seated in Singapore. The amount in dispute was $70.5m. The award has been the subject of proceedings in the courts in Singapore and India, and has been upheld.

Recommendations

  • “A very experienced, calm and authoritative presence. He has got a breadth of experience that means nothing is ever a surprise, and there’s a very assured touch to his advice.” “Excellent strategically.” Chambers and Partners 2021
  • “Formidable. He has an extremely impressive manner and a persuasive way of structuring arguments.” Chambers and Partners 2021
  • “He is well respected, very sensible, measured and focused.” “A master of VAT law.” Chambers and Partners 2021
  • “Calm under pressure, unflappable, suave and extremely affable, he is one of the set’s stellar senior members.” The Legal 500 2021
  • “When he speaks, the court listens: he gets straight to the meat of an argument and is amazing at communicating complicated detail” Chambers and Partners 2017
  • “He is a very charming individual and good with the court.” “He’s pragmatic and has a strong understanding of local and central government.” Chambers and Partners 2017
  • “Always thoroughly prepared and someone with a fantastic court manner. Able to take difficult matters and pare them down to the essential issues, even with really technical subject matter. Very warm and very good client skills. Excellent legal analysis.” “An excellent oral advocate and very tactically astute.” Chambers and Partners 2017
  • “A wonderful advocate with the wisdom of experience” Chambers and Partners 2017
  • “He handles really impressive work and is very robust and unflappable.” Chambers and Partners 2017
  • “In a league of his own and clients love him.” The Legal 500 2016
  • “He is excellent on his feet without the need to be aggressive and always has the ear of the court.” The Legal 500 2016