Niall McCulloch


Year of Call 2000



General Profile


Niall practises in all matters relating to insolvency, company, commercial law and civil fraud. He regularly appears in the Chancery Division and Commercial Court. His cases often have an international element and he regularly appears in the BVI Commercial Court as well as in arbitrations. 

 

 

The Directories

 

Legal 500, recommended as leading junior for:
- Commercial Litigation
- Company and Partnership
- Insolvency


Chambers and Partners, recommended as leading junior for:
- Company
- Insolvency

 

Recent Comments:

 

"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)

  

‘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)

 

 

Recent Cases

 

Storca Intertrans Corp. and others v Norvalo (Overseas) Ltd, BVI Commercial Court, July 2017, John Carrington Q.C. (sitting as a deputy). Niall appeared for two respondents in this substantial commercial litigation concerning claims for conspiracy, unfair prejudice and breach of fiduciary duty.

Unicorn Worldwide Holdings Limited and Ors v Cochrane and ano, Comm Ct.
Niall acted for the joint liquidators inter alia in applying for a worldwide freezing order and proprietary injunction.

 

Orb a.r.l. and others v Ruhan [2016] EWHC 850 (Comm), Queen's Bench Division, Commercial Court, Popplewell J. Niall represented the Liquidators in this complex fraud action which broadly concerned an alleged breach of oral agreement concerning sale of assets.

 

Arbitrations - Niall has recently appeared in the LCIA with Nick Peacock Q.C. The arbitration concerned an alleged fraud perpetrated in Russia in respect of the assets of various BVI companies with complex holding structures.

 

He has also recently appeared with Alex Gunning Q.C. in an arbitration concerning the purported termination of a drill-ship contract in reliance on insolvency clauses in the contract.

 

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) [2016] All ER (D) 212 (Apr); LTL 19/4/2016. Niall represented a Luxembourg trust in this litigation which was part of a high-stakes battle for control of Europe’s most expensive real estate asset, Madrid’s Banco Santander HQ, valued at c. £6 billion, within the context of a Spanish insolvency process.

 

Areas of Emphasis


Arbitration – all types of arbitration, ad hoc, LCIA.

Civil Fraud – Niall regularly acts in complex fraud and asset tracing claims, often with an international element.

Commercial – Niall acts in a range of commercial matters from contractual disputes to guarantees.

Company – all aspects including shareholder disputes, director’s duties, director disqualification.

Insolvency – all aspects of corporate and individual, preferences, transactions at undervalue, misfeasance, cross border insolvency, restructuring.

 

 

Career & Associations


BA Oriel College, University of Oxford (First Class Honours)
Oriel College Prize for Degree Results
Elected Scholar of Oriel College
Elected Exhibitioner of Oriel College
MA University of Dundee (First Class Honours)
Called to the Bar 2000
Hardwicke Scholar of Lincoln’s Inn
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
Member of INSOL International
Member of CLIPs Scheme

 

 

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”.

 

Gore-Browne on Companies – contributor.

 

 

Languages

 

French – fluent

 

Portuguese – fluent

 

Dutch – working knowledge

 

References 


Available upon request.

 

 

Privacy notice


Niall collects, uses and is responsible for your personal information collected during the course of providing legal services as a barrister. He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation.


The members of Enterprise Chambers have a privacy policy which sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.  Members also have a data retention policy which sets out how long they keep information for and why.


You can download copies of these policies here: (1) privacy policy (2) data retention policy .  Hard copies are available on request by contacting any branch of Enterprise Chambers.