Barrister, Advocate (Scotland)
Nicholas Preston undertakes contractual, commercial and regulatory work both in court and by way of advice and drafting over a range of practice areas and business sectors.
He adeptly identifies the outcome the lay client wants to achieve and works hard to find a practical resolution best suited to their needs.
• Regulatory and disciplinary
• Consumer credit
• Estate agent commission disputes
• Business property disputes including mortgage fraud
• Insolvency: corporate and personal (including licensed access)
• Company: directors’ and shareholders’ disputes
• Trusts and Probate
• Scots Law
• Judicial review
Nicholas is an experienced High Court, County Court and Tribunal advocate.
He regularly and frequently participates in the Chancery Bar Litigants in Person Scheme (“CLIPS”). He is also a reviewer and panel member for Advocate and has served on Council of the Inns of Court Disciplinary Committee.
Nicholas’ main interest is music, from jazz to opera. He plays in several orchestras and composes light music.
BA degree in Classics, MA degree in Law, Certificate in Regulatory Law.
Chancery Bar Association, Faculty of Advocates Edinburgh.
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•Mortgage fraud: Mortgages 5 Ltd v Gould & Others  EHWC 2116 (Ch) 11/8/2009 Lawtel AC0122145 Validity of mortgage where property not transferred.
•Truex v Toll  EWHC 396 (Ch) Proudman J;  All ER (D) (Mar); 4 All ER 419 Bankruptcy; meaning of liquidated debt.
•Atkinson v. DPP  3 All E.R. 971 Jurisdiction of Magistrates Court.
•DPP v. Ayres  EWHC 2553 (Admin.) Absence of skeleton argument is not abuse of process in criminal proceedings.
“Toad and the Chief Weasel drive north of the border.” Middlesex Law Society Magazine Summer 2007 page 5. A comparative study of English and Scottish criminal procedure in the form of a drama.
“‘I bought the car from a friend’ Essential title checks for buyers of cars.” Middlesex Law Society Magazine Summer 2006 page 29. Update of guide for sellers and buyers on innocent private purchaser defences to avoid unnecessarily releasing or claiming title.
“Know the rights of your Scot debtor”. Credit Today August 2004 page 19.
Human Rights and insolvency in Scotland.
“Posting notices is sufficient.” Credit Today July 2001 page 17.
Comment on LNC v. Power-Hines – No provision as to time in section 87 of the Consumer Credit Act 1974.
“When the partnership goes bust.” Credit Today June 2001 page 27.
Creditors’ perspective of options for insolvent partnerships.
“Cars and purchasers, essential title checks.” Credit Finance February 2000 volume 2 issue 15 page 24.
A guide for lenders on innocent private purchaser defences to avoid unnecessarily releasing or claiming title.
“Used car liability, proposal for industry ‘expectation of mechanical reliability’ guide.” Credit Today February 2000 pages 16 & 17.
An invitation to the car manufacturing industry to agree on a standard of durability in order to save costs of litigating with minimal judicial precedent.