Nick Kaplan

Year of Call: 2013
Email Address: Nicholas.Kaplan@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Nick Kaplan specialises in commercial and contractual disputes, with a particular emphasis on construction and engineering.

Nick has detailed knowledge of the full range of construction issues and has dealt with a wide variety of both contentious and non-contentious matters. His experience includes: payment disputes, delay claims, claims for defective works, professional negligence, enforcement of adjudicators’ decisions and recovery of adjudicators’ fees and expenses.

Prior to joining Chambers, Nick worked in the Construction and Engineering Department of a leading City law firm, his work was particularly focused on advising and preparing submissions in relation to complex and high-value construction adjudications.  In that capacity Nick also gained experience defending clients in a number of Health and Safety prosecutions by the HSE, and is familiar with the range of health and safety challenges that those in the construction sector face.

Pro-bono  
During his GDL and BPTC years Nick was involved with a number of legal advice clinics where he advised clients on a range of matters including employment and housing management issues.

Expertise

  • Construction and engineering
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    Nick is familiar with all standard forms of construction contract and regularly advises employers, contractors and subcontractors in relation to disputes that arise under them. Nick also has extensive experience in advising clients in relation to large-scale maintenance and supply contracts, particularly in the social housing sector.

    Nick has particular experience running, and drafting submissions in, construction adjudications ranging from low-value to multi-million pound disputes. Nick both brings and defends adjudications and is well versed in the particular strategic and legal challenges that the adjudication process gives rise to.  He has both brought and defended a number of challenges to adjudicators’ decisions in the courts, and has advised and acted for adjudicators looking to recover their fees.

    Recent Cases

    • Nick was involved with the preliminary ‘desk-top’ investigations into the fire at Grenfell, consequently he is familiar with the particular challenges faced by building owners and contractors in relation to fire-safety regulations, cladding and construction defects.
    • Nick successfully defended a client in a prolonged £12 million adjudication arising under a large maintenance and supply contract which covered thousands of properties across the country. After several rounds of submissions, the Referring Party was awarded just 5% of the sums it had claimed. Nick subsequently advised on the settlement negotiations between the parties.
    • Nick advised and represented a well-known adjudicator in a successful summary judgment application for the recovery of the adjudicator’s fees. Summary Judgement was granted and the adjudicator’s fees and his expenses in pursuing them were recovered.
    • Nick resisted enforcement of an adjudicators’ decision, successfully arguing that the adjudicator had lacked jurisdiction to determine the dispute.
    • Nick acted in a junior capacity on a high-value commercial dispute, assisting with the drafting of closing submissions on behalf of the Defendant. Although the claim was partially successful only nominal damages were awarded.
  • Commercial
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    Nick has a wide range of experience in commercial matters in which he regularly provides advice, drafts pleadings and represents clients in litigation, adjudication and mediation.

    Nick’s commercial practice is focused on the following areas:

    • Contractual disputes and payment claims
    • Supply of goods and services and product liability
    • Professional negligence (in particular in relation to claims against construction professionals)
    • Misrepresentation
    • Debt recovery; and
    • Limitation.

    Nick regularly acts for clients at both interlocutory and final hearings and his experience at a law firm prior to joining chambers ensures that he has a client focused approach, with a ready grasp of the wider strategic objectives that can drive commercial disputes.

    Recent Cases

    • Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2017] EWHC 1815 - Nick acted in a junior capacity on behalf of the Defendant, which successfully avoided an award of substantial damages against it.
    • Nick successfully resisted an application to set aside a statutory demand arising out of a circa £10 million commercial fraud claim.

Academic qualifications

  • The University of Oxford - Politics, Philosophy and Economics - First Class
  • Graduate Diploma in Law -  City Law School - Distinction
  • BPTC - BPP - Very Competent

Scholarships

  • Astbury Scholarship - Middle Temple
  • Michell Scholarship - Queen’s College Oxford