In this feature we go beyond legal rankings and directories to profile lawyers and share their interesting stories; from stand-out deals and cases to managing office politics, and their personal sacrifices for a successful career in law.
Here, we spotlight Nicola Jackson, who just this week joined international law firm Charles Russell Speechly’s Dubai office as a partner. Jackson specialises in corporate restructuring and insolvency, and has been based in the Middle East for over 15 years.
She shares her memorable cases, including what it was like being on the inside of an administration, to her success and sacrifices, and why she now calls the Middle East her home.
Memorable cases
What are some of the most scandalous or stand-out cases you have worked on, involving elements that are uncommon related to the local culture?
I was part of the external administration team on The International Banking Corporation (TIBC) in Bahrain, which (along with AWAL Bank) was the first bank to be put into a formal administration process in Bahrain.
I was heavily involved in the technical and practical aspects at inception. Later, I was a senior member of the team that ran the litigation emanating from the administration and reported to creditors.
It’s quite unique for a lawyer to be on the inside of an administration, and therefore a particularly rare opportunity which gave me hands-on experience of not only how to frame claims made for and on behalf of the bank, but also how to effectively report to and manage the needs of creditors.
My practice in recent years has re-focused on insolvency and restructuring-related disputes in the Middle East, which is a fast-developing market, and one that is increasingly seeing local insolvency-related processes being utilised by creditors and officeholders based in the Middle East and internationally.
Another area I specialise in, and one that is a nuance of the UAE Court system, is jurisdiction challenges before the DIFC Courts. The UAE is unique in that it has within its courts structure both ‘onshore’ civil courts (at federal and emirate level), and also common law courts in the financial free zones: the DIFC Courts in Dubai and the ADGM Courts in Abu Dhabi.
I led a seminal jurisdiction challenge case in 2020, which was the first of its kind and made law in the DIFC Court of Appeal by developing the established line of jurisprudence to extend the ‘opt in’ provisions of the Judicial Authority Law. I have subsequently led cases in which the DIFC Courts have followed the precedent that my 2020 case established.
Jurisdiction disputes often involve parallel proceedings, in that the party who disputes jurisdiction of one court will file parallel proceedings in another. There is also the likelihood of a third set of proceedings being commenced in order to seek to determine which court has primary jurisdiction to hear the dispute, which means that the myriad of litigation can become complex on an intra-UAE basis alone.
Practising in the Middle East has allowed me to be at the forefront of legal developments, and to have led or worked on many groundbreaking cases in the region. My involvement in these opportunities has given me a really proud sense of achievement.
Managing office politics
Decision-making in law firms can be hindered by internal politics and power games, causing delays in the overall progress of a firm. How do you navigate the negative aspects of office politics and manage its effects on the firm as a whole?
My view is that whatever landscape you have to navigate, whether it be legal or corporate, should office politics be something you come across, two of the keys to successfully mitigating the effects of such are transparency and authenticity.
My successes and sacrifices
Success often comes with sacrifice. What are some of the personal costs and potential regrets associated with a successful career in law?
My career in law has involved success and sacrifice. Professional successes can be huge but often mean sacrificing your time. For me, it’s all about balance. Put boundaries in place, respect them, and ask that others respect them. Stay true to your values, and find a firm which shares those values.
As a trainee I was asked to go to Bahrain for one of my training contract seats. I was pretty agnostic about it, but slightly disappointed to have sacrificed a British summer. Fast forward 15 years, and the Middle East is now where I call home—I love it here. Two of my favourite things to do are to walk on the beach with my rescue dogs, Lucky and Grady, and ride my (borrowed) horse, Timothy, in the desert. So, you could say a sacrificed British summer ended up being a life-changing opportunity!
