Nicola Kohn

Year of call:
2012
Email:
nicola.kohn@39essex.com

Clerks:
+44 (0)20 7832 1111

 

Nicola Kohn practises across all chambers’ areas of work, with a particular interest in public and human rights law and general common law including, personal injury and regulatory and disciplinary law. She appears regularly in court and undertakes pleading and advisory work.

Prior to coming to the Bar, Nicola spent eleven years as a political news journalist at the BBC where she worked as a programme producer on the BBC1 Politics Show and Radio Four’s Today, and as a senior producer on Newsnight.

Administrative & Public


Nicola is interested in all areas of public law. She has a particular interest in abuse cases and appeared pro bono in the case of JT v (1) FTT & (2) CICA [2015] UKUT 0478 (AAC), a judicial review of the so-called “same roof rule” under which certain victims of crime are prevented from recovering compensation from the CICA. The Claimant is currently seeking permission to appeal to the Court of Appeal.

Prior to this, from January to March 2014, Nicola was seconded to the solicitors firm, Capsticks, in order to assist in the legal oversight into one of the three investigations carried out into the behaviour of Jimmy Savile at various NHS establishments.

She is currently instructed in work related to the on-going Goddard Review into child sexual abuse.

Nicola also has a particular interest in Court of Protection matters. She accepts instructions from both local authorities and NHS Trusts as well as on behalf of P. She is one of the co-authors of the 39 Essex Chambers guide to carrying out capacity assessments; she also contributed to the chapter on the jurisprudence of the Court of Protection in the COPP 2015, a leading textbook on practice and procedure before the Court and is a contributor to the 4th edition of the Assessment of Mental Capacity (Law Society/British Medical Association). She is the second junior in the ongoing appeal to Strasbourg in the case of RB v United Kingdom.

Nicola has worked on a variety of cases for the Government Legal Department, including Kimathi v FCO; group litigation for damages against the foreign office arising out of the Mau Mau rebellion.

Nicola has DV Clearance and has been instructed in a number of cases regarding UK-Northern Ireland relations and national security. She is keen to be instructed in all areas of law relating to national security and foreign policy, particularly in areas where she is able to draw on her academic background in International Relations and the Middle East.

Nicola also has significant experience of financial services law, having spent a year acting in-house on a weekly basis as counsel to the Financial Ombudsman Service, assisting with legal and jurisdictional queries.

Civil Liability


Nicola has a fast-growing common law practice encompassing personal injury, clinical negligence, insurance and professional negligence. She acts for both claimants and defendants in small claims, fast track and multi-track cases in the High Court and County Courts. Nicola drafts pleadings and advises on liability and quantum. She also has experience of the use of surveillance in proceedings. She has recently spent a number of months working with solicitors at BLM in their employers’ liability and public liability team, gaining a valuable insight into litigation from a solicitor’s perspective.

She has experience of:

  • Occupiers’ Liability Act claims
  • Road traffic accident cases, including credit hire
  • Product liability
  • Stage 3 MOJ hearings
  • Interlocutory hearings, including applications to rely on surveillance footage
  • Applications for strike out and summary judgment
  • Costs and case management hearings

As a pupil Nicola assisted Charles Cory-Wright QC in the Court of Appeal in Taylor v A Novo [2013] EWCA Civ 194, a case concerning whether a secondary victim could recover damages for the shock of witnessing a loved one’s death a number of weeks after the initial injury was sustained. Damages for psychiatric injury remain a particular interest.

Nicola has experience of complex clinical negligence claims including the drafting of high-value schedules and counter-schedules. She has worked on cases involving catastrophic brain injuries, amputations, impaired lives, cauda equina and bariatric surgery.

Nicola is currently instructed by the Police Federation, assisting Sadie Crapper in a large number of claims for payment of a statutory debt arising out of the Court of Appeal judgment in Vincent, Allard & Buckley v Chief Constable of Devon and Cornwall [2015] EWCA Civ 42.

Nicola also has a growing regulatory practice. She has assisted on cases involving malpractice in social work, veterinary work and the regulation of solicitors. She is a contributor to the eighth edition of Disciplinary and Regulatory Proceedings.

Environmental & Planning Law


Nicola is interested in all areas of environmental and planning law. She was a junior in the case of Arroyo v Equion a high-value claim on behalf of a group of Colombian farmers seeking damages for breach of contract and environmental damage.

Commercial


Before coming to the Bar, Nicola had a lengthy career in journalism. During the eleven years she spent at the BBC, she gained experience as a journalist of defamation disputes, electoral law and parliamentary privilege, staff and agency contracts and the most important skill in media work: handling the ‘talent’.

As part of her commercial work, Nicola is developing a media-related practice. She has recently been involved in advising on potential defamation claims arising out of the publication of one of the many reports into Jimmy Savile. She has also recently been instructed in a successful application to strike out a defamation claim as well as advising on a potential defamation claim arising out of a long-running dispute between a landlord and tenant.

Call +44 (0)20 7832 1111 for more information

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