“A robust advocate who is very down to earth. She provides very sound advice.”
Chambers UK 2020
“Extremely bright, thorough and thoughtful”
Chambers UK 2020
Nicola has a wide-ranging practice that encompasses public law, medical negligence, professional regulation and discipline, Court of Protection (health and welfare and property and affairs), costs and personal injury.
She is ranked as a leading junior in the directories in the areas of professional discipline, administrative and public law, clinical negligence, costs, Court of Protection and community care law.
Her clients include NHS and private care bodies, individuals, a range of regulators (from the General Pharmaceutical Council and the Royal College of Veterinary Surgeons to the Chartered Institute of Arbitrators) and those they regulate, local authorities and private sector bodies, individuals and companies.
She has experience as an advocate in a wide-range of courts and tribunals including the Court of Appeal.
“She is easy to work with, very responsive and has a detailed knowledge of mental health and the healthcare sector. She’s very reliable, has a great rapport with clients and really understands their needs” “A very pleasant opponent and an advocate who makes her points well in court.” Chambers UK 2020
“She has a good knowledge of the structure of the NHS.” Legal 500 2020
“Gives intelligent advice.” Legal 500 2020
“A high-quality public law specialist who understands the client’s needs.” Legal 500 2018
“She is very practical, pragmatic and sensible.” Chambers UK 2018
“Good on judicial review and Court of Protection cases.” Legal 500 2017
Recent work includes:
“A robust advocate who is very down to earth. She provides very sound advice.” Chambers UK 2020
“Excellent at mental health, consent and capacity issues” Legal 500 2020
“She’s fantastic at what she does. She gives very thorough advice and is very good with clients.” Chambers UK 2019
“In the mental health field she is second to none.” Legal 500 2018
“Well on top of all the medicine. Very good with clinicians and experts.” Chambers UK 2018
“An authoritative and determined advocate, who is great with clients.” Legal 500 2017
Instructed in cases acting on behalf of claimants, NHS Resolution and private health care providers. Nicola has a broad practice in this area and has particular expertise in cases involving spinal injury, mental health and/or neurological disorders. She is also experienced in cases involving HRA, COP and deputyship issues.
Nicola’s recent cases include:
“Extremely bright, thorough and thoughtful.” Chambers UK 2020
“A great person to have around when the storm hits.” Legal 500 2020
“A very clever barrister” who “provides no-fuss, responsive and pragmatic advice.” Chambers UK 2019
“A superlative cross-examiner, with wonderful natural authority.” Legal 500 2018
“Shows great intellect when it comes to legal and factual analysis, and is a calm and assured advocate.” Chambers UK 2018
“She specialises in matters arising from clinical negligence and personal injury.” Legal 500 2017
Nicola advises on and appears at detailed assessment hearings and other costs cases in the Senior Court Costs Office and the County and High Courts on behalf of paying and receiving parties. She has considerable experience in dealing with Group Litigation costs (having been instructed to deal with costs matters in the Coal Coke Ovens Group Litigation). She is particularly experienced in costs issues arising from clinical negligence and personal injury litigation and cost issues arising from QOCS. She is often instructed in cases involving legal aid costs and costs applications against the Lord Chancellor. She has experience of advising on and drafting DBAs. She recently acted in a high value costs dispute in the Court of Protection. She is currently acting in a number of cases involving the application of set-off in different contexts. She has experience of wasted costs applications and is currently instructed in a high profile wasted costs matter. She was successful in defending the Re Eastwood principle in the context of government costs (Bakhtiyar v SSHD (2015 UT). She has acted in a dispute about early disclosure of ATE policies. She is available to give advice and representation in a variety of costs cases and lectures regularly on costs issues.
“Provides no-fuss, pragmatic advice. Her public law experience and her legal instinct are particularly valued by our regulatory clients.” Chambers UK 2020
“Well liked by clients.” Legal 500 2020
“Responsive, pragmatic advice and extensive public law experience.” Chambers UK 2019
“Very knowledgeable and approachable.” “She gives clear and easy advice which is also commercial and sensible.” Chambers UK 2018
“A well-respected junior, who has a very good manner with clients” – Legal 500 2017
Including disciplinary hearings, High Court applications and appeals, legal assessing and policy advice.
“She has a very, very good command of the law.” Chambers UK 2019
“She is very knowledgeable and thorough.” The Legal 500 2018
“She is very experienced in healthcare and public law cases with a medical aspect.” Chambers UK 2018
“She relates well to clients and combines an awareness of their position with the ability to read the court.” Legal 500 2017
Recent work includes:
Representing the OS, private individuals, local authorities and health bodies in a wide range of cases involving adult health, welfare and finances in the inherent jurisdiction and before the Court of Protection including cases involving urgent medical treatment, injunctions, deprivation of liberty, physical and financial abuse and combined Court of Protection and judicial review proceedings. She has acted in a large number of medical treatment cases concerning adults and children, on behalf of Hospital Trusts, the Official Solicitor and family members including end of life cases. She is particularly well placed to deal with medical treatment cases given her wide-ranging clinical negligence experience.
She is also regularly instructed in property and affairs cases including challenges to deputyship appointments and/or claims brought against deputies or attorneys and/or issues arising in the management of large personal injury funds (including social care/funding).
Nicola acts for claimants and defendants in personal injury cases. Her experience includes employer’s liability and public liability claims for claimants and defendants. She has experience in high value catastrophic injury, chronic pain and complex psychological/psychiatric injury including TBI. She has particular expertise in cases involving deputyship or Court of Protection issues, as a result of her Court of Protection practice. Recent work includes:
Nicola has extensive experience of representing parties in mediations and joint settlement meetings in claims involving clinical negligence, personal injury, costs, COP and the HRA. She has considerable experience of ADR in multi-party disputes and in group litigation. She has experience of drawing up a compensation scheme for the resolution of low value claims in a group action.
Nicola is an experienced advocate in civil, public and regulatory law. She is a member of 39 Essex Sports group. She has a particular interest in safeguarding issues as a result of her involvement in historic abuse litigation in the civil field, as well as her public law work involving abuse of vulnerable adults and children. She works in the following areas:
Nicola has been appointed to Sport Resolution’s National Safeguarding Panel.
Recent highlights include:
Frequently instructed on claims involving information rights including matters arising under the GDPR, Data Protection Act, as well as claims in tort for misuse of private information, claims for breach of confidence or under Articles 8 and10 ECHR. She is often instructed in claims for damages against public bodies for breach of information rights including claims against the police, health care bodies and central and local government. She advises on subject access requests and had advised bodies on DPA/GDPR issues in the context of regulatory and disciplinary investigations.
Nicola was recommended in Chambers & Partners as a leading junior in Professional Discipline, Community Care and Court of Protection law and in the Legal 500 as a leading junior in Administrative and Public Law, Clinical Negligence, Costs and Professional discipline and regulatory law (including police law).
Re P (Discharge of Party)  1 WLR 3098 – Discharge of a mother as a party to proceedings without notice and without disclosure of evidence was unlawful; it was also unlawful to adjourn indefinitely the application inviting him to provide reasons. Acting for the Mental Health Trust.
Brennan v City of Bradford  1 WLUK 429. The acts or omissions of a mortuary in allowing a body to become badly decomposed such that it was unfit for viewing was a breach of the Article 8 rights of the deceased’s relatives.
Phillips v Secretary of State for Transport (24 February 2020) – Strike-out hearing before HHJ Roberts concerning A1P1 and vehicle licence plate numbers.
Dewhirst v South Tees Hospital NHST (Permission granted, case settled, contested costs hearing). Consultation challenge to hospital re-configuration. Acted for claimant, led by Fenella Morris QC.
London Borough of Southwark v NP and NM  EWCOP 48. Capacity and welfare dispute involving a young person with cerebral palsy and atypical anorexia.
R (on the application of Barking & Dagenham College) v Office for Students  EWHC 2667 (Admin). Led by Fenella Morris QC in a judicial review challenge to the OfS’s refusal to grant registration to a higher education provider. Application for an interim injunction restraining publication of the decision was refused.
R (on the application of Juttla & ors) v Hertfordshire Valleys Clinical Commissioning Group  EWHC 267 (Admin). Decision to cease commissioning a respite service for children was in breach of CCG’s duty to consult with the local authority about substantial development of the health service. Instructed by the CCG.
RH v Secretary of State for Work and Pensions (DLA)  UKUT 48, UT Judge Rowland. Considering the role of appointees and litigation friends in the Upper Tribunal
Re D (Medical Treatment)  EWCOP 15. It was in the best interests of D to travel to Serbia to receive experimental stem cell treatment for acquired brain injury. Instructed by MOD.
Re Paul Briggs  EWCOP 48, Charles J, Instructed by the Legal Aid Agency. The question of whether it was in someone’s best interests to receive artificial nutrition and hydration was an issue to be determined in s.21A MCA 2005 proceedings.
National Aids Trust v NHS Commissioning Board & Local Government Association & anr  EWHC 2005 (Admin),  EWCA Civ 1100. Instructed by LGA. NHSE had power to fund PrEP, an anti-retroviral drug to be used on a preventative basis for those at high risk of contracting HIV.
South Staffordshire and Shropshire Healthcare NHS FT & anr v The Hospital Managers of St George’s Hospital and AU  EWHC 1196, Cranston J. Acted for claimant in a judicial review of a decision by hospital managers to discharge a patient detained under the Mental Health Act. Held that a Trust had capacity to judicially review its own managers.
Re PV  EWCOP 87,  EWHC EWCOP 3707 (Charles J on appeal) and  EWCOP 22 (Senior Judge Lush at first instance). Court of Protection case concerning trusts created for the purpose of administering awards made by the Criminal Injuries Compensation Authority. No involvement of the Court of Protection was required in the settlement of such trusts because the award was not ever P’s money. Guidance given by the Court of Protection in dealing with such cases.
Re NK (July 2015, Cobb J). Withdrawal of life saving treatment from a 3 year old with a rare metabolic disorder. Acted on behalf of the family.
A NHS Hospital v M and K  EWHC 2402 (COP) Withholding of CPR and ICU treatment save for reversible conditions
XCC v A  EWHC 2183 (COP) Forced marriage and the inherent jurisdiction to make a declaration of the non-recognition of a marriage.
A Local Authority v H 27 January 2012  EWHC 49 (Fam) Case concerning capacity to consent to sexual relations. Guidance on knowledge required of health risks of sexual relations and additional requirement to that set out in DBC v AB that P understands that he has a choice and may refuse.
R (Buckinghamshire CC) v Kingston upon Thames RBC  EWCA Civ 457 Consideration of the duty of consultation based on fairness or detriment.
D County Council v LS  EWHC 1916 (Fam) Consideration of test of capacity to consent to sexual relations.
R (on the application of Stamford Chamber Of Trade & Commerce) (2) F H Gilman & Co v (1) Secretary Of State For Communities & Local Government (2) South Kesteven District Council 7 April 2009  EWHC 719 (Admin) No duty of public consultation was imposed on a local planning authority, in respect of its decision not to request the saving of a safeguarding policy in the local development plan.
EM (Lebanon) v Secretary Of State For The Home Department (2008) October 2008  UKHL 64 The removal of a Lebanese asylum seeker and her 12-year-old son to Lebanon would give rise to a breach of the European Convention on Human Rights 1950 art.8 given that she would be compelled to transfer custody of her son to his father, who had been violent towards her and who had not seen the son since his birth; removal would so flagrantly violate their art.8 rights as to completely deny or nullify those rights.
R (Johnson) v Secretary of State for the Home Department  EWCA Civ 427 A prisoner serving a determinate sentence would have a right to compensation for a breach of the European Convention on Human Rights 1950 Art. 5 (4) if he could establish that there had been an unlawful delay in the consideration of his application for parole.
Gustavo Suarez Ocampo v Secretary of State for the Home Department (CA) 4 October 2006  EWCA Civ 1276 The guidelines in Devaseelan v Secretary of State for the Home Department (2002) UKIAT 702, (2003) Imm AR 1 were relevant to cases where the parties involved were not the same but there was a material overlap of evidence.
James Robshaw v United Lincolnshire Hospitals NHS Trust  EWHC 923 (Foskett J). Very high value contested quantum trial. Nicola was led by Neil Block QC.
Ettienne v Chelsea and Westminster Hospital NHS Foundation Trust Trust (22.10.14, Mitting J). A doctor had not been negligent when he inserted an ulnar artery catheter into a 28 week old baby’s wrist. It was acceptable for him to have adopted the procedure that he knew best. There were real difficulties in inserting a line into the posterior tibial artery. It was a balance of risks and it was essential that her blood gases were accurately and continuously monitored and blood was available to test. Nicola was instructed by the Defendant Trust.
Downes v Cheshire and Wirral Partnership NHS Foundation Trust (11. 11.14, HHJ Wood QC) Nicola was instructed by the Defendant Trust. Complicated fatal accidents claim (quantum only) raising issues as to valuation of maternal services against a background of family proceedings concerning the children and the mother having supervised contact prior to death and the approach to calculation of multiplier in fatal accidents claim. Case compromised with acceptance of Defendant’s latest part 36 offer on final day of trial.
Gatland & Ors v Independent Office for Police Conduct– acting for claimants in ongoing proceedings for misfeasance in public office and breaches of the European Convention arising from IOPC investigations
Uwen v General Medical Council  EWHC 2484 (Admin). Application for termination of an interim suspension order by a doctor was refused. MPTS was entitled to find that probity issues arising from the doctor having practised without indemnity insurance made it necessary for her to be subject to interim suspension.
HA v University of Wolverhampton & General Pharmaceutical Council  EWHC 144. Acted for GPhC. The university was entitled to seek disclosure of criminal convictions from a student applying for the MPharm course.
PSA v (1) GDC (2) AB  EWHC 2154 (Admin), Jeremy Baker J. Unduly lenient appeal in respect of a dentist who had practised while infected with Hepatitis B.
R (on the application of John Davies) v Royal College of Veterinary Surgeons  EWHC 3282,  EWHC 3707 (costs). Judicial review challenge to the handling of complaints made against two veterinary nurses
Dalia El-Demellawy v European Bank for Reconstruction and Redevelopment – Detailed assessment proceedings before Master Leonard (July 2020) Interest ran at Judgments Act rate on the Defendant’s costs despite an order for set-off against the Claimants costs by the trial judge (application of Fearns v Anglo-Dutch Paint).
Holmes v Brighton & Sussex University Hospitals NHS Trust (May 2020)– pending appeal in a clinical negligence case against the refusal of an application to set aside a notice of discontinuance and strike out
In the matter of AE, FW, SC and JB and ors [2017 COP]. Costs disputes in the Court of Protection about costs sanctions for failure to give full and frank disclosure
Pearce v Secretary of State for Energy & Climate Change, Coal Products Limited, National Smokeless Fuels Limited (2016 – 2019, Turner J, Master Gordon Sakar. Group litigation costs. Instructed as junior counsel to Alexander Hutton QC to deal with costs management and other costs issues for the defendants.
Bakhtiyar v Secretary of State for the Home Department, Upper Tribunal, 9 September 2015. A challenge to the SSHD’s reliance on the Re Eastwood approach of assessing the costs of in-house lawyers failed.
R(Ali Zaki Mousa & ors) v Secretary of State for Defence  EWHC 2941 (DC) Consideration of the use of set-off in the context of legally aided claimants and the decision in JG v Legal Services Commission.
JBOL v PHE August 2013, Master Rowley Consideration of conduct issues and cost estimates in the context of judicial review claims.
Biznia (by his litigation friend, the Official Solicitor) v Razgulajevs (2014) High value personal injury claim brought by a Lithuanian national who sustained serious brain injury as a result of a road traffic accident in the United Kingdom. Difficult quantum issues arising from the question as to whether the Claimant would return to reside in Lithuania in the future. A case management decision precluded the Claimant from relying on certain expert and lay evidence from Lithuania and an appeal had been brought in respect of that decision. Case subsequently compromised at a RTM. Charlie Cory-Wright QC and Nicola Greaney were instructed by the Official Solicitor on behalf of the Claimant.
Ryan St George (A Patient Suing By His Father & Litigation Friend David St George) v Home Office  Quantum issues arising from prisoner who fell out of a top bunk bed while suffering a withdrawal seizure, thereby sustaining a head injury that resulted in brain damage. Quantum case settled adopting a novel approach to accommodation claim to avoid difficulties created by Roberts v Johnstone.
Smith Shiprepairers North Shields v Secretary of State for Innovation, Business and Skills. Case settled before trial. Contribution claim pursuant to the 1978 Act in respect of a claim for mesothelioma brought by the estate of the deceased in circumstances where the deceased had reached an inter vivos settlement with the defendants to the contribution claim.
R v Police Complaints Commission ex parte Green  1 WLR 72 (CA) The extent of disclosure required by the Human Rights Act in police complaints cases.
R v Bedford Primary Care Trust ex parte Watts (QBD) 21 October 2003  EWHC 2401 (Admin);  Lloyd’s Rep Med 113 A claim for a hip operation carried out in France on the basis of EU law.