Transportation
Extensive experience in RTA claims and related matters including, credit hire claims Experience in PI claims arising in other contexts, notably occupier's or employer's liability Advising, and appearing on behalf of, airlines and their insurers. Most recent claims concerned an alleged aircraft cabin fume incident, including 15 litigated claims and various litigated claims arising from alleged injuries sustained in the course of an emergency evacuation of an aircraft Advising and representing airlines and their insurers in respect of personal injury and fatal accident claims, including claims arising out of crashes and catastrophic incidents Defending tour operators against claims under the relevant regulations, including a claim of sexual assault by a foreign employee commission, mostly concerning real estate agents, but also more generally - Nicholas appeared in a lengthy trial concerning agency commission claims related to the provision of railway equipment in Singapore
Professional Indemnity
Nicholas advised and appeared in numerous cases in the mid-90s arising from allegedly negligent valuations and appraisals by valuers and architects. More recently, he has acted on behalf of a large building society in cases arising from multiple purchases and valuations.
Acted for individual purchasers in connection with undetected property defects Junior counsel in a lengthy trial in the Commercial Court concerning an allegedly negligent valuation of an inner London hotel
Commercial Law
Advising and appearing for the vendor in respect of claims of breach of warranty in a contract for the sale of a business, culminating in a 5 day High Court trial (successful), and subsequent applications for costs against non-parties Advising in respect of claims arising from the supply of allegedly non-compliant building materials to a large development in Hampshire Advising and attending mediation on behalf of a specialist recruitment company about alleged breaches of confidentiality and database rights Claims concerning agency commission, mostly concerning real estate agents, but also more generally - Nicholas appeared in a lengthy trial concerning agency commission claims related to the provision of railway equipment in Singapore
Employment Law
Nicholas has regularly appeared in Employment Tribunals and has also appeared at the EAT. He has acted for individuals, companies, and local authorities for claims involving:
- Unfair and unlawful dismissal
- Discrimination
- TUPE
Property
Nicholas has considerable experience advising and appearing in (mainly) commercial tenancy disputes, including:
- Landlord claims for dilapidation
- Tenant claims for breaches of covenant
- Boundary disputes, both rural and urban
Claims in respect of a building erected allegedly in breach of restrictive covenants, in favour of a water utility
Inquests
Appeared at various inquests, usually on behalf of the deceased's insurer Attended inquest on behalf of the family of the deceased (acting pro bono) to avert possible finding of suicide Appearance on behalf of an airline in the case of a passenger who died during a flight or shortly after, apparently by asphyxiation
Equine
Nicholas has advised and appeared in cases concerning the ownership of horses and claims about horses under the Sale of Goods Act.
Appeared at trial in Manchester County Court on behalf of a livery yard owner (and hence a "keeper") under the Animals Act in respect of serious personal injury claims by a person injured by a horse Advised and appeared on a claim by a purchaser that the horse sold was defective - buyer had the animal put down
Testimonials
Nicholas was at his very best on Friday at the RCJ. As a result we won the application for leave to appeal and the appeal itself.
Our client was most impressed by Nicholas' competent assistance and the outcome.
I know that I can always rely on Nicholas in the most challenging circumstances. HH Judge Hand QC was listening to every breath of Nicholas’ advocacy, and his usual meticulous and forensic approach to the facts, the law and the CPR was clearly evident and was the reason for our winning the day.
Privacy Notice
This privacy notice explains how, why and for how long Nicholas Dugdale will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Nicholas has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Nicholas can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Nicholas
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.