Nicola Greaney

Clinical Negligence

“Extremely professional and knowledgeable. She is able to give exceptional yet compassionate advice in very complex cases. She puts up a good fight for her clients.” Chambers and Partners 2021

Nicola is experienced in high-value, sensitive and legally difficult cases including spinal injury, birth injury, brain injury and complex psychiatric injury. Nicola acts for claimants, NHS Resolution and private health care providers. She is often instructed in cases worth over £1m, involving technical evidence. She is an experienced public lawyer and is often instructed in unusual healthcare claims involving human rights issues or complex capacity or deputyship issues. She is also experienced in costs issues in clinical negligence claims. She is known for her empathy and sensitivity to clients combined with a forensic and rigorous approach to the law and facts. She was junior counsel in Robshaw v United Lincolnshire [2015], a high-value cerebral palsy quantum case.

Cases of note:

• Numerous claimants v Ministry of Defence [Ongoing] –  Instructed by the MoD in claims brought by hundreds of members of the armed forces who were prescribed the anti-malarial drug Lariam and claim long-term neuropsychiatric injury. Highly technical generic and individual expert evidence. The case proceeds as novel “mirrored” litigation outside court.
• Numerous claimants v Maidstone and Tunbridge Wells NHS Trust [2022] –  Acting for NHS in intimated claims brought by family members of deceased victims of David Fuller who sexually abused their bodies in a hospital mortuary. Complex liability issues and instructed in respect of compensation scheme.
• KA v Dr AH [2022] – Acting for claimant in high-value claim against a GP for delay in diagnosis of a brain tumour. C was NHS employee and contentious loss of earnings claim. Settled at over £1m at mediation.
• Brennan & Ors v City of Bradford & Leeds Teaching Hospitals NHS Trust [2021] 1 WLUK 429 – Acted for NHS in claims brought under Article 8 European Convention on Human Rights (ECHR) (A8) by family members in a novel claim about decomposition of deceased’s body in hospital mortuary. Wide press coverage.
• E v  An NHS Trust [2022] –  Acting for claimant in unusual consent claim following C’s withdrawal of consent to an intimate examination resulting in serious psychiatric injury due to re-triggering of early childhood trauma.
• HS v East Kent Hospitals University NHS Foundation Trust [2021] – Acted for the defendantComplex causation issues; whether the claimant would have avoided pregnancy and subsequent stroke had she been given advice about risks of pregnancy. Hybrid wrongful birth claim raising difficult legal issues. Acted for NHS. Settled at joint settlement meeting.
• M v  Dartford and Gravesham NHS Foundation Trust [2020] – Acted for the defendant in igh-value stroke claim, technical causation questions involving multiple experts. Exceptional weight of documents. Failed joint settlement meeting. Further negotiations led to settlement at reduced figure. Against a QC.

Personal Injury

Nicola acts for claimants and defendants in high value catastrophic personal injury claims including traumatic brain injury (TBI), spinal injury, functional disorders and complex psychiatric injury. She is particularly valued for her COP expertise in cases raising difficult capacity or deputyship issues. She is known for her empathy and sensitivity to clients, combined with a forensic and rigorous approach to the law and fact heavy cases. She is extremely experienced in high-value quantum disputes. She is adept at dealing with technical expert evidence from a wide range of disciplines. She is experienced in sexual and physical abuse claims, often involving health or social care settings and is often instructed in unusual injury cases arising from deliberate torts or other public law wrongs (including human rights claims).

“Nicola is exceptional. Her standout qualities are her clear, logical and analytical mind and her dedication to the job.” The Legal 500 2023

Cases of note:

• PAA v Daralyn Williams [2022]– Acted for claimant in high-value TBI claim arising from road traffic accident. Contributory negligence and quantum in dispute. Dispute over 2:1 v 1:1 care and family as carers. Led by Stuart McKechnie QC, appeared alone at approval hearings. Settled for multi-million lump sum plus periodical payments order (PPO).
• Adoo-Kissi-Debrah and ors v Department for Environment and ors [Ongoing] – Acting for Transport for London and the Mayor of London in a claim for damages for breach of an EC Directive and the ECHR by the estate and family of a child who suffered a fatal asthma attack alleged to have been caused by unlawful levels of air pollutants in London.
• PIV v Ministry of Defence [Ongoing]-Acting for defendant in sexual abuse claim brought by former RAF cadet against flying instructor. Vicarious liability and causation issue as to whether fibromyalgia triggered by sexual abuse.
• W v Ministry of Defence [Ongoing] – Instructed by defendant in TBI claim caused by helicopter accident in Afghanistan. High-value quantum dispute involving complex issues about accommodation (claim for two homes) and care regime.
• Gatland & ors v Independent Police Complaints Commission (IPCC) [2022] – Acted for six police officers in claims for misfeasance in public office/breaches of ECHR against IPCC arising from police misconduct investigations causing psychiatric injury. Complex statutory regime, facts and law. Negotiated substantial settlements at mediation against QC for IPCC.
• A v Cygnet Health Care [Ongoing] – Representing claimant in claim for abuse and resulting personal injury from treatment she suffered while a resident of Whorlton Hall care home, which was exposed in a Panorama documentary.
• AXB (by his litigation friend, AXC) v Thera South Midlands [2021] – Acted for learning disabled adult in claim for Post-traumatic stress disorder (PTSD) caused by negligent care and treatment by a residential care provider. Settled out of court and approved.
• Phillips v Natural England [2021] – Acted for Natural England in stress at work claim arising from a high-profile investigation.

Healthcare

Nicola acts for individuals, the NHS and private healthcare and social care providers and local authorities in a wide range of healthcare disputes involving public and private law issues. These claims frequently involve novel and complex issues of law and are heard in the Administrative Court or in High Court or County Court. The cases often involve public and private cross-over issues including NHS contract and service reconfiguration disputes. Nicola is a specialist in restitution claims in the health and social care sector and acts for individuals, deputies and public authorities. She has acted in a wide range of cases involving human rights, confidentiality, data protection and misuse of private information in the health care field. She acts in inquests in deaths raising concerns about healthcare provision.

“Nicola is very legally and technically accomplished.” “Nicola has very good attention to detail and gets straight to the heart of the issue”. Chambers and Partners 2023

Cases of note:

• Numerous claimants v Maidstone & Tunbridge Wells NHS Trust [Ongoing] – Acting for NHS in intimated claims brought by family members of deceased victims of David Fuller who sexually abused their bodies in hospital mortuary. Complex liability issues and instructed in respect of compensation scheme.
• R (on the application of Megan Bacon-Evans, Whitney Bacon-Evans v NHS Frimley Clinical Commissioning Group [Ongoing] – Acting for CCG in discrimination/ECHR judicial review challenge to the criteria adopted by the CCG for same-sex couples accessing NHS funded IVF treatment. Wide press coverage.
• Brennan and ors v City of Bradford and Leeds Teaching Hospitals NHS Trust [2021] 1 WLUK 429 – Acted for NHS in claims brought under Article 8 ECHR (A8) by family members in novel claim about decomposition of deceased’s body in hospital mortuary. Wide press coverage.
• Disabilities Trust v Slough Borough Council, North Lincolnshire Borough Council [2021] – Represented care services provider in claim for breach of contract and restitution against local authorities for non-payment of care home fees. Claim successfully settled at mediation for substantial sum.
• Bart’s Health NHS Trust v Yvonne Goodright  [2021] – Represented NHS trust in claim in the Chancery Division for a declaration that it was lawful to make arrangements for the cremation of a body in the hospital’s mortuary in circumstances where the personal representatives had failed to do so.
• Inquest touching on the death of ME [2021] – Represented family at three-day inquest arising from a tragic suicide against a background of failings in mental health care where there was a disputed issue as to engagement of Article 2 and breach of the systemic duty.
• Dewhirst v South Tees Hospital NHFT [2019] – Consultation challenge to hospital re-configuration and cessation of core services at local hospital. Acted for claimant, led by Fenella Morris QC. Permission granted, contested costs hearing.
• Brenda Grant v George Eliot Hospital NHS Trust [2017] – Represented NHS in first damages claim brought for failure to follow an advance directive under the Mental Capacity Act stating that the patient did not wish to be artificially fed. Settlement agreed out of court at £45,000. Against QC. Press coverage.
• R v Bedford Primary Care Trust ex parte Watts (QBD) 21 October 2003 [2003] EWHC 2401 (Admin) – A claim for a hip operation carried out in France on the basis of EU law.

Court of Protection and Medical Treatment

Nicola represents the Official Solicitor (OS), private individuals, local authorities and health bodies in a wide range of Court of Protection (COP) cases involving adult health, welfare and finances in the inherent jurisdiction. Nicola has appeared in many medical treatment cases concerning adults, children and babies, including in end of life cases, drawing upon her wide-ranging expertise as a clinical negligence practitioner. She acts for hospital trusts, the OS and family members. She is very experienced in claims raising Mental Health Act issues.

She is 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).

She is frequently instructed in cases where there are concerns about physical and financial abuse and/or associated damages claims.

“She is very thorough, experienced and incredible at drafting.” “She is incredibly professional, with an abundance of integrity.” Chambers and Partners 2022

Cases of note:

• Re P (Discharge of a Party) [2019] – EWCOP 48, [2021] 1 WLR 3098 (CoA) – Nicola acted for the Mental Health Trust in long running proceedings in the High Court raising medical treatment and welfare issues in respect of a victim of sexual abuse diagnosed with atypical anorexia. The case went to the Court of Appeal following the discharge of P’s mother as a party without notice.
• Staffordshire County Council v DD & ors [2021] – COP case considering the capacity test under Schedule A1 Mental Capacity Act (MCA) to consent to care and treatment arrangements in the context of fluctuating capacity.
• Hwyel Dda University Health Board v EW (by her litigation friend, the OS) [2022] – Nicola represented the health board in an extremely urgent case about whether an elderly woman should be force fed while under restraint so as to avoid imminent death.
• Re PH [2022] – Nicola represented the Public Guardian in a contested property and affairs application to revoke lasting powers of attorney and replace with a deputy. Dispute over capacity to make gifts and whether attorneys acting in P’s best interests.
• An NHS Trust v A & B & C [2018] EWHC 2750 (Fam) – Nicola represented the family of an infant, C, with severe brain injury in a case about withdrawal of life-sustaining treatment.
• Re D (Medical Treatment) [2017] EWCOP 15 – Nicola represented the Ministry of Defence in an unusual case concerning a former soldier who had sustained traumatic brain injury and wished to travel to Serbia to undergo experimental stem cell treatment.
• Re PV [2015] EWCOP 87, [2016] EWHC EWCOP 3707 (Mr Justice Charles on appeal) – COP case concerning trusts created for the purpose of administering awards made by the Criminal Injuries Compensation Authority. No involvement of the COP 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.

Human Rights and Civil Liberties

Nicola acts for individuals, health and social care providers, local authorities and central government in a wide range of disputes about human rights and civil liberties. She appears in a range of different courts and is extremely experienced in acting in damages claims for breaches of human rights.

Cases of note:

• Numerous claimants v Maidstone & Tunbridge Wells NHS Trust [Ongoing] – Acting for NHS in intimated claims brought by family members of deceased victims of David Fuller who sexually abused their bodies in hospital mortuary. Complex liability issues and instructed in respect of compensation scheme.
• Milner v Barchester Healthcare Homes Limited [2022]EWHC 593 (QB) – Acted for a care home in claims for breaches of Articles 2 and 3 ECHR arising from treatment of deceased at care home. Complex issues of liability and victim status. Article 2 claim struck out at preliminary hearing. Remainder of the claim was compromised.
• Adoo-Kissi-Debrah and ors v Department for Environment and ors [Ongoing] – Acting for Transport for London and the Mayor of London in a claim for damages for breach of an EC Air Quality Directive and the ECHR by the estate and family of a child who suffered a fatal asthma attack alleged to have been caused by unlawful levels of air pollutants in London
• R (on the application of Megan Bacon-Evans, Whitney Bacon-Evans v NHS Frimley Clinical Commissioning Group [Ongoing] – Acting for CCG in discrimination/ECHR judicial review challenge to the criteria adopted by the CCG for same-sex couples accessing NHS funded IVF treatment. Wide press coverage
• A v Cygnet Health Care [Ongoing] -Representing claimant in claim for abuse and resulting personal injury from treatment she suffered while a resident of Whorlton Hall care home, which was exposed in a Panorama documentary
• Brennan and ors v City of Bradford and Leeds Teaching Hospitals NHS Trust [2021] 1 WLUK 429 – Acted for NHS in claims brought under Article 8 ECHR (A8) by family members in novel claim about decomposition of deceased’s body in a hospital mortuary. Wide press coverage
• Phillips v Secretary of State for Transport [2020] – Acted for the Secretary of State in a claim about revocation of vehicle licence plate numbers and breach of Article 1 of the First Protocol ECHR. Strike out hearing

Administrative and Public

Nicola acts for individuals, health and social care providers, local authorities and central government in a wide range of public law disputes. She has particular expertise in healthcare cases concerning NHS procurement, NHS contract disputes (or partnership arrangements), restitution/vires claims, healthcare reconfiguration, commissioning disputes (including experimental treatments) and data protection/misuse of private information. She is instructed by a range of public bodies in cases involving vires issues, breaches of ECHR, the Public Sector Equality Duty (PSED), misfeasance in public office and misuse of private information/data protection breaches. She has acted in a number of challenges to elections conducted by public bodies. She has acted in a range of commercial public law cases in the transport and telecommunications sector.

“Nicola is an excellent advisory lawyer (both orally and in writing), quickly establishes the trust of clients (even when they are sceptical of authority figures as a result of other experiences) and is a highly skilled advocate too.” The Legal 500, 2022

Cases of note:

• R (on the application of Megan Bacon-Evans, Whitney Bacon-Evans v NHS Frimley Clinical Commissioning Group [Ongoing] – Acting for CCG in discrimination/ECHR judicial review challenge to the criteria adopted by the CCG for same-sex couples accessing NHS funded IVF treatment. Wide press coverage.
• Gatland & ors v Independent Police Complaints Commission (IPCC) [2022] – Acted for six police officers in claims for misfeasance in public office /breaches of ECHR against IPCC arising from police misconduct investigations causing psychiatric injury. Complex statutory regime, facts and law. Negotiated substantial settlements in mediation against QC for IPCC.
• Phillips v Secretary of State for Transport [2020] – Acted for the Secretary of State in a claim about revocation of vehicle licence plate numbers and breach of Article 1 of the First Protocol ECHR. Strike out hearing.
• R (on the application of Barking & Dagenham College) v Office for Students [2019] EWHC 2667 (Admin) – Higher education institution’s challenge to regulator’s algorithm-based decision.
• Dewhirst v South Tees Hospital NHFT [2019]– Consultation challenge to hospital re-configuration and cessation of core services at local hospital. Acted for claimant, led by Fenella Morris QC.
• R (on the application of Juttla & ors) v Hertfordshire Valleys Clinical Commissioning Group [2018] EWHC 267 (Admin) – Challenge to decision to cease commissioning a respite service for children
• RH v Secretary of State for Work and Pensions (DLA) [2018] UKUT 48 Upper Tribunal case concerning the role of appointees and litigation friends in the Upper Tribunal.
• National Aids Trust v NHS Commissioning Board & Local Government Association & anr [2016] EWHC 2005 (Admin), [2016] EWCA Civ 1100 – Powers of NHS England to fund PrEP, an antiretroviral drug to be used preventively to prevent individuals contracting HIV.
• South Staffordshire and Shropshire Healthcare NHS FT & anr v The Hospital Managers of St George’s Hospital and AU [2016] EWHC 1196 – An NHS Trust had the power to judicially review a discharge decision of its own hospital managers.
• R (Buckinghamshire CC) v Kingston upon Thames RBC [2011] EWCA Civ 457 – Consideration of duty of consultation in a community care challenge.

Regulatory and Disciplinary

“Nicola is a trusted adviser for complex and developing areas of law.” “She is very good on tactics and strategy.” Chambers and Partners 2023

Nicola’s regulatory and disciplinary practice covers a wide field of regulation and discipline: health and social care professionals, arbitrators, financial service professionals, legal professionals, veterinary professionals and health, education and financial institutions. She represents individuals and regulators and often offers advice on difficult policy issues or unusual situations faced by regulators or those they regulate. She is regularly instructed in cases raising sexual misconduct and safeguarding issues. She appears before disciplinary tribunals and acts in High Court judicial review and appeal proceedings.

Cases of note:

• Gatland & ors v Independent Police Complaints Commission (IPCC) [2022] – Acted for six police officers in claims for breach of Article 6 ECHR for substantial delay by IPCC in police misconduct investigation. Complex statutory regime, facts and law. Negotiated substantial settlements in mediation against QC for IPCC.
• Professional Standards Authority v (1) Social Work England (2) Bennett [2021] EWHC 3539 (Admin) – Represented Social Work England (SWE) in the first statutory appeal brought against the regulator. Whether SWE was required to remove a social worker guilty of serious and persistent dishonesty in respect of immigration offences.
• Re LM [2020] – Represented a psychologist in proceedings before the Health and Care Professions Tribunal Service (HCPTS) brought by a former patient alleging an inappropriate sexual relationship, which gave rise to a complicated interlocutory application for exclusion of hearsay evidence.
• R (on the application of Barking & Dagenham College) v Office for Students [2019] EWHC 2667 (Admin) – Higher education institution’s challenge to regulator’s algorithm-based decision.
• Uwen v General Medical Council [2018] EWHC 2484 (Admin)– Whether practising without professional indemnity insurance justified an interim suspension order.
• HA v University of Wolverhampton & General Pharmaceutical Council [2018] EWHC 144 – Represented General Pharmaceutical Council in case about whether a university was entitled to seek disclosure of a prospective student’s criminal record.
• Professional Standards Authority v (1) General Dental Council (2) AB [2016] EWHC 2154 – Represented General Dental Council in a statutory appeal brought by a dentist who had continued to practise while infected with hepatitis B.

Costs & Litigation Funding

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 Court of Protection cases. 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 damages-based agreements (DBAs). 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. She is currently instructed in a detailed assessment where there are points of principle about mixed claims in publication and privacy proceedings and the recoverability of success fees and after the event (ATE) insurance premiums.

“Nicola is very level-headed, an effective advocate and a good communicator.” Chambers and Partners 2023

“She is excellent in advisory work and on her feet, and can contend with complex facts with ease.” The Legal 500 2023

Cases of note:

• Dalia El-Demellawy v European Bank for Reconstruction and Redevelopment [2020] – Detailed assessment proceedings before Master Leonard. Interest ran at Judgments Act rate on the defendant’s costs despite an order for set-off against the claimant’s costs by the trial judge (application of Fearns v Anglo-Dutch Paint).
• Momonakaya v Ministry of Defence [2019] EWHC 480 (QB) – Whether a claim had been settled pursuant to Part 36 in circumstances where clarification of the offer following receipt of the Compensation Recovery Unit (CRU) certificate had not been provided.
• Dewhirst v South Tees Hospital NHFT [2019] – Represented claimants in contested High Court costs hearing in judicial review claim following a compromise agreement.
• Holmes v Brighton & Sussex University Hospitals NHS Trust [2020] – Appeal in refusal of an application to set aside a notice of discontinuance in a clinical negligence claim.
• Marsh v Ministry of Justice (Court of Appeal) [2018] – Acted for the Ministry of Justice in the appeal against the judge’s order that it would be unjust for the usual Part 36 consequences to apply due to the change in the personal injury discount rate. Appeal compromised.
• In the matter of AE, FW, SC and JB and ors [2017] COP – Costs dispute 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 – 1019, 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 including an application for early disclosure of ATE policies.
• Bakhtiyar v Secretary of State for the Home Department, Upper Tribunal [2015] – Represented the SSHD in a challenge to the SSHD’s reliance on the Re Eastwood approach of assessing the costs of in-house lawyers.