Niall McCulloch


Year of Call 2000



General Profile


Niall was called to the Bar in 2000 and practises in all matters relating to insolvency, company and commercial law. Niall spent five months on secondment with Walkers in the British Virgin Islands.  He was also admitted to the Bar of the Eastern Caribbean Supreme Court in 2003 and he frequently accepts instructions from the British Virgin Islands.  Niall accepts work in all areas for which Chambers is renowned and has been identified as a leading junior in the legal directories. 

 

 

The Directories

 

"He has a good eye for a huge amount of detail, he absorbs massive amounts of information and doesn't seem to get fazed by it." "He quickly grasps complex facts and is able to sift through that to work out the relevant legal points that need addressing. The way he conducts himself is exemplary, his legal knowledge is very impressive as well."

(Chambers & Partners 2018)

 

‘He absorbs huge amounts of information and produces excellent documents.’

(Legal 500 2017)

 

‘First-rate analytical skills.’

(Legal 500 2017)

 

‘He is very bright, a pleasure to work and has first-rate analytical skills.’

(Legal 500 2017)

 

“He is a practical, sensible, pleasant opponent who knows his stuff”

(Chambers UK 2017)

 

“He’s tenacious in court, and his skeletons are excellent”

(Chambers UK 2017)

 

“He is responsive, very perceptive and his analysis of the law is very, very good”

(Chambers UK 2017)

 

“A pugnacious advocate who is also very commercial, accessible and user-friendly”

(Legal 500 2016)

 

“An aggressive advocate who is not afraid of his opponents”

(Legal 500 2015)

 

“Excellent, pragmatic and commercial”

(Legal 500 2015)

 

“Fiercely intelligent and a tenacious advocate”

(Legal 500 2015)

 

"Very astute, he is a good choice for a case that needs a real fighter."

(Chambers UK 2015)

 

“He is exceptionally user-friendly and good on his feet."

(Chambers UK 2015)

 

"He is incredibly bright, excellent on his feet and very approachable."

(Chambers UK 2015)

 

"He is excellent in terms of his technical ability and he has great personal skills."

(Chambers UK 2015)

 

“A tenacious advocate, who is very easy to work with and very much a team player.”

(Legal 500 2014)

 

“Incredibly bright and brings clear thinking and hard work to every case.”

(Legal 500 2014)

 

“A tenacious and incisive advocate.”

(Legal 500 2014)

 

“He is highly intelligent, articulate and client-friendly, and provides good technical advice.”

(Chambers UK 2014)

 

“He is highly commercial and approachable.”

(Chambers UK 2014)

 

“Incisive in his advice and a really reliable advocate for difficult cases.”

(Chambers UK 2014)

 

“Will fight on your behalf and is not afraid to stick his neck out.”

(Chambers UK 2014)

 

The "very able, bright and hardworking"Niall McCulloch "has the ability to analyse and simplify complex facts and law"

(Legal 500, 2013)

 

Praised for his “tenacious” approach in company insolvency matters.

(Legal 500, 2013)

 

"a ferocious advocate and a great guy to turn to if you have a difficult case"

(Chambers UK 2013)

 

Instructing solicitors note his commercial approach and enjoy working with a barrister "who knows his stuff inside out and picks up on intircate points others might not see"

(Chambers UK 2013)

 

Niall McCulloch is a "solid and forceful advocate and technically sound barrister"

(legal 500, 2012)

 

Niall McCulloch is singled out for "his tenacity and his willingness to fight in the trenches for the clients."  "He is a tenacious advocate who takes no prisoners in the courtroom,"

(Chambers & Partners 2012)

 

Niall McCulloch has extensive experience of corporate insolvency, and his cross-border expertise is reflected in his frequent instructions to appear in the British Virgin Islands.  He appeared with Linden Ife in the high-profile Clydesdale Financial Services v Smailes.

(Chambers & Partners 2012)

 

the "extremely proficient" Niall McCulloch

(Legal 500, 2011)

 

Niall McCulloch is a "tenacious litigator with a never say die attitude"

(Legal 500, 2010)

 

Niall McCulloch is recommended as "a great junior". 

(Legal 500, 2010)

 

Sources praise Niall McCulloch, meanwhile, for his "no-nonsense approach" to insolvency matters, noting that "he doesn't get fazed and is fantastic on his feet." 

(Chambers & Partners 2010)

 

Niall McCulloch is praised by market sources for his "excellent writing skills."

(Chambers & Partners 2010)

 

Niall McCulloch "has excellent client handling skills and gets to issues quickly" 

(Legal 500, 2009)

 

Niall McCulloch is commended as a "really strong advocate" 

(Legal 500, 2009)

 

Rising star Niall McCulloch is building an impressive track record of major insolvency cases.  A "personable and enthusiastic" junior, he is prized by clients for his "can-do mindset."  They comment: "We like the fact he's prepared to roll his sleeves up and get stuck in." 

(Chambers & Partners 2009)

 

Niall McCulloch is"a tremendous junior," who handles a significant amount of company law matters.  He is particularly noted for providing "very good representation indeed" on shareholder advisory matters. 

(Chambers & Partners 2009)

 

"...and Niall McCulloch also have strong junior practices." 

(Legal 500, 2008)

 

A promising young barrister within the chambers in Niall McCulloch, whose company-heavy practice often takes him to the British Virgin Islands.  (Chambers & Partners 2008)

 

 

Notable Cases

 

Storca Intertrans Corp. et al v. Norvalo (Overseas) Ltd,

BVI Commercial Court

Niall appeared for two respondents in this substantial commercial litigation.

 

 

Orb a.r.l. and others v Ruhan [2016] EWHC 850 (Comm)

Queen's Bench Division, Commercial Court

Popplewell J

15 April 2016

 

Practice – Disclosure – Unless order – Claimants bringing action alleging breach of oral agreement concerning sale of assets – Claimants failing to comply with order for disclosure – Defendant applying for unless order – Claimants applying for order to be discharged – Whether applications should be granted.  

 

Niall represented the Liquidators.

 

Aabar Block S.A.R.L. and Edgeworth Capital (Luxembourg) S.A.R.L. -v- Maud [2015] EWHC 2220 (Ch)

[2016] BPIR 227, [2015] All ER (D) 233 (Dec)

Orb [2016] All ER (D) 212 (Apr); LTL 19/4/2016.

 

Re Harlequin Management Services Ltd [2013] All ER (D) 202 (May)

Administrator – Appointment – Formalities – Financial services company – Consent of Financial Conduct Authority required to be obtained for appointment of administrator – Notice of intention to appoint administrators filed prior to consent from Financial conduct Authority – Consent from FCA being filed on day after filing of notice – Whether failure to obtain prior consent invalidating appointment of administrators – Whether administrators being validly appointed – Insolvency Act 1986, Sch B1, paras 22, – Financial Services and Markets Act 2000, s 362A. Niall represented the administrators in this controversial administration. Arnold J applied and extended his reasoning from Re Ceart Risk Services.

 

 

 

 

Publications

Enterprise Chambers Annotated Guide to Insolvency Legislation and Practice (contributor)

 

Corporate Rescue and Insolvency
(2014) 1 CRI 13
1 February 2014
Universalism and territoriality: foreign creditor elections in insolvency and anti-suit injunctions

 

 

Areas of Emphasis

Insolvency - All aspects of corporate and individual, preferences, transactions at undervalue and misfeasance.

 

Company - All aspects including shareholder disputes, director’s duties and Part VII transfers.

 

Commercial - All aspects including contractual disputes, insurance & reinsurance, sale of goods, finance, carriage of goods.

 

International Arbitration

 
Career & Associations

BA Oriel College, University of Oxford (First Class Honours)

Elected Exhibitioner and Scholar of Oriel College

Oriel College Prize for Degree Results

MA University of Dundee (First Class Honours)

Called to the Bar 2000

Hardwicke Scholarship

Called to the Bar, Eastern Caribbean Supreme Court, November 2003

Member of the Chancery Bar Association

Member of the Insolvency Lawyers Association

Member of the Commercial Bar Association