Nichola Evans

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.
• Surrey County Council v NHS Lincolnshire Clinical Commissioning Group [2020] EWHC 3550 – claim for unjust enrichment to recover the costs of specialist care which although statutorily required were not provided.
• Manolete Partners Plc v Dalal & Ors  [2022] EWHC 1597 (Ch) – acting for first and fourth defendant in a claim relating to the breach of directors’ duties and unlawful preferences in relation to a claim which had gone on into liquidation.