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About

Provided by Nick Cruz

Europe

Practice Areas

HEAD OF LITIGATION & DIRECTOR

Nick has a varied practice and particular recent focus on litigation resulting from insolvency matters. His specific expertise lies in insolvency, admiralty matters and company disputes (contractual, shareholders, claims against directors). He regularly appears before the Supreme Court, the Court of Appeal and has led before the Judicial Committee of the Privy Council. He has also advised His Majesty’s Government on double tax treaty agreements.

INSOLVENCY

Instructed by numerous international law firms and accountancy practices. As an example, instructed by PricewaterhouseCoopers and Begbies Traynor Group in relation to the liquidation of an international law firm and the bankruptcies of the partners, involving in excess of 30 appearances before the Supreme Court of Gibraltar, 6 appearances before the Court of Appeal and an appearance and several applications before the Judicial Committee of the Privy Council.

ADMINISTRATION

Instructed by PricewaterhouseCoopers regarding the first Administration of a Protected Cell Company in Gibraltar, which has led to various applications and in excess of 20 court appearances before the Supreme Court of Gibraltar.

PUBLIC LAW

Representing Royal Gibraltar Police in numerous Judicial Reviews before the Supreme Court and the Court of Appeal.

Representing the Royal Gibraltar Police and individual officers in the very recent Public Inquiry into the reasons and circumstances leading to the early retirement of the former Commissioner of Police Mr. Ian McGrail due to report later this year.

CONTRACTUAL

Representing multiple defendants (in excess of 120) in complex proceedings before the Gibraltar Supreme Court relating to allegations of contractual breach, misrepresentation and unfair prejudice relating to a fund established in Gibraltar.

PERSONAL INJURY

Instructed by the Gibraltar Health Authority with respect to a high value personal injury claim made by a doctor employed by the Gibraltar Health Authority, involving an appearance before the Supreme Court which has been the subject of an appeal to the Court of Appeal and settled. Additionally instructed by Claimants in complicated cases such as CRPS.

EMPLOYMENT

Has been instructed in respect of numerous employment disputes before the Employment Tribunal, which includes instructions by substantial employers in Gibraltar in private and public sectors including His Majesty’s Government of Gibraltar and various statutory bodies. He also instructed on Judicial Review and Appeals before the Supreme Court.

Co-Author of Chambers & Partners Practice Guide-Employment in 2023 on Gibraltar.

https://practiceguides.chambers.com/practice-guides/employment-2024/gibraltar

SHIPPING

Instructed on behalf of the new beneficial owner of a superyacht arrested in Gibraltar by International Bank following International Sanctions Regime on Russia as a result of an alleged breach of mortgage conditions and potentially breach of sanctions. Representing Danish owners in a dispute over works done by international shipping yard and mediation related thereto. Often instructed by leading London City law firms such as Clyde & Co, MFB, Preston Turnbull, etc in the arrest of large vessels and by the by the ITWF in crew claims, one of which was reported widely in the press.

DEFAMATION

Instructed by the Claimant regarding two high value claims for defamation against a regulatory body and a leading accountancy firm.

FINANCIAL SERVICES REGULATION

Instructed by Gibraltar licenced Insurance Underwriter and other regulated individuals in relation to regulatory enforcement action by the Gibraltar Financial Services Commission.

TAX

Instructed by His Majesty’s Government of Gibraltar to advise on Double Taxation Treaty negotiations with 3rd Party Countries; review of Gibraltar laws; amendments thereof and preparations of necessary memorandums and draft OECD Gibraltar Double Taxation Treaties.

Personal

Nick is married with 3 children all grown up now, and outside law enjoys politics and sport, particularly sailing, rugby (watching only now) martial arts and hill walking.

Professional Memberships

Legal Services Regulatory Authority

Honourable Society of the Middle Temple

Publications

Co-Author of Chambers & Partners Practice Guide-Employment in 2023 on Gibraltar.

https://practiceguides.chambers.com/practice-guides/employment-2024/gibraltar

Languages Spoken

English & Spanish

Chambers Review

Provided by Chambers

Chambers European Guide

General Business Law: Dispute Resolution - Gibraltar

2
Band 2
Individual Editorial

Nick Cruz of Ellul & Cruz operates a broad practice covering disputes ranging from insolvency and defamation to employment and judicial reviews. He is active on behalf of a number of trusts and public bodies.

Contributions

Latest contributions provided by Nick Cruz

Global Practice Guide
Nick Cruz
Sean Gaskin
Arcelia María Hernández-Cordero
Marc X Ellul
Authored by
Nick Cruz, Sean Gaskin, Arcelia María Hernández-Cordero, Marc X Ellul
Article • Aug 2024

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General Business Law: Dispute Resolution

Nick Cruz
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Nick Cruz
2
Band 2