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Nichola is a partner in our Commercial Litigation team.

Nichola has over 25 years’ experience of dealing with commercial litigation matters. She has litigated matters both in the domestic courts (including the specialist divisions of the High Court plus appeal courts) and arbitration (domestic and international).

Nichola specialises in high value contract claims and has operated in a number of sectors most notably insurance, public sector and health sector. She is known for her commercial, pragmatic approach and has considerable experience of Alternative Dispute Resolution, in all its forms. Nichola is also a CMC Registered Mediator.

Nichola is praised in the Legal Directories as being “remarkable in high-stakes litigation: commercially focused, a strong litigator who is comfortable dealing with and directing complex litigation, highly personable with clients, adaptable and promotes the use of ADR to resolve disputes” and that she “builds an exceptional client relationship, based on empathy and her ability to communicate advice in a clear and comprehensible way.

Nichola is a member of the Law Society Council and the Law Society Civil Justice Committee as the Forum of Insurance Law’s representative. She also sits on the Joint Tribunal.

Experience

Contract claims

  • Advice to local authorities and litigation in relation to their contracts for outsourcing various IT functions.
  • Advice and litigation arising from coverage disputes where insurers have declined cover.
  • Advising various NHS Trusts on numerous contractual matters ranging from the monitoring of junior doctors’ hours and their ability to take natural breaks to resolution of IT disputes and settling disputes relating to contracts for the display of advertising and marketing materials on plasma screens.
  • Advising CCGs on various matters including the procurement of services.
  • Litigation and mediating disputes for local authorities relating to contracts with suppliers.
  • Representing a manager of a MMA fighter in a claim for breach of contract and in relation to an account and enquiry.
  • Restrictive covenants.
  • Acted on a number of injunctive relief claims in the private sector for large international companies and PLCs against former officers and executives who had or were known to be planning to breach their covenants. Claims included questions around enforcement in foreign jurisdictions.
  • Advising on the drafting and also litigating restrictive covenant clauses in SPAs.

Reported cases include:

  • Amlin Corporate Member Limited and others v Oriental Assurance Corporation [2012] EWCA 1341 – Court of Appeal Judgment in relation to “follow the settlement” clauses.
  • Amlin Corporate Member Limited and others v Oriental Assurance Corporation [2014] EWCA Civ 1135 – Court of Appeal Judgment relating to the operation of a typhoon warranty.
  • BT Cornwall Limited v Cornwall Council and others [2015] EWHC 3755 – Commercial Court Judgment following an expedited timetable dealing with the procurement and termination of an IT contract worth £160M.
  • Ted Baker PLC v AXA Insurance UK PLC and others [2017] EWCA Civ 4097 – Court of Appeal Judgment establishing a Duty to Speak in insurance (and also wider) commercial contracts.
  • Hallett and others v Derby Hospitals NHS Foundation Trust [2019] EWCA Civ 1394 – representative claim brought by the BMA to establish whether Trusts had been monitoring correctly whether junior doctors had been able to take natural breaks.

Expertise: Sectors

Healthcare

Expertise: Services

Businesses

Healthcare

Public & Third Sector

What people say

  • Nicola Evans is a standout partner, particularly in fraud work. Very easy to get on with and with a first class legal brain. Melissa Munday is an excellent associate.

    Legal 500, Client quote
  • Nichola Evans – vastly experienced in her field, a strategic powerhouse with fantastic client handling skills. Has a knack of being able to translate a complex and often challenging legal situation into a strong negotiating position.

    Legal 500, Client quote

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