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Nicola
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Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Nicola Twine

Called 1999

Nicola is a personable approachable Barrister with over 20 years experience in Personal Injury and Employment Law. She works well with business clients as well as individuals, being astute, meticulous in preparation and personable. She routinely instructed in complex cases.

Nicola's personal injury practise is expansive, including: road traffic accidents, civil motor fraud, accidents at work, highways act cases, and occupier's liability claims. She has  particular specialism in high value injury claims and fraud. She is a highly sought after advocate, routinely instructed by insurer's in cases where fundamental dishonesty might be alleged.

In more recent years Nicola's personal injury practise has extended to include clinical negligence, such that it is now a major part of her practise.

Nicola undertakes all aspects of employment law, regularly: advising on employment disputes, appearing on behalf of clients in the Employment Tribunal, and representing clients in mediations and acting as an external decision maker in employment law disputes.

Nicola welcomes work on a Direct Access and Conditional Fee basis.

She is able to conduct hearings, JSMs/ RTMs/ Mediations, and conferences remotely. 

 

 

"Painstaking and approachable", a "thorough junior who works well with clients."

Legal 500 2010/2011
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Areas Of Expertise

Areas of Expertise
Employment
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Nicola has an extensive practise and experience in all area of Employment Law. She represents both Claimants and Respondents in equal measure and is instructed from a variety of sources, including individuals, small undertakings, regional and nationwide companies and the public sector extending to the Police, Local Authority, NHS and PC Trusts. She has also acted for a number of firms of solicitors in claims brought against them.

She regularly appears in the Employment Tribunal, on matters ranging from application hearings to multi day cases, and she has appeared in the Employment Appeal Tribunal on numerous matters also. In recent years a number of her EAT cases have been reported.

Nicola has recently been acting for a consultant clinical academic in a high value case for breach of contract and unlawful deduction of wages. The case has involved multiple preliminary hearings, concerning issues of jurisdiction and limitation.

In addition to representation in tribunals, Nicola:

- Undertakes both advisory and drafting work. Nicola drafts and advises on compromise agreements and has been involved in the negotiation, on direct access basis, of terms of settlement on the termination of employment in a number of cases;

- Represents parties in employment mediations, both judicial and non judicial. She finds her client care skills and pragmatic approach are well suited to achieving a good outcome for the client.

Nicola is accredited to take instructions on a direct access basis and is happy to do so where cases are suitable for instruction on this basis. In recent years she has seen significant growth in her direct access instructions.

 

Education
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Nicola has a busy First Tier Tribunal practice, as well established senior junior who undertakes Employment Law and is part of the Education Law Team. She is keen to develop her practice in this area.

Nicola regularly accepts instructions on behalf of local authorities, governing bodies of schools, colleges and universities and individuals. She is personable and works well with clients.

Nicola has wider experience of SEND as she was, until recently, Vice Chair of a school Governing Body and designated SEND link governor.

Civil Fraud
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Nicola is an established civil fraud practitioner, regularly instructed in cases where civil fraud is alleged or suspected.  She has significant experience of cases including: contrived road-traffic collisions, low-velocity-impact (LVI), exaggeration of loss (RTA and EL), phantom passengers.

She is routinely instructed to:

  • draft pleadings (including where a robust defence is required alleging fraud and/ or fundamental dishonesty as appropriate);
  • to advise on issues and evidence;
  • conduct interim applications;
  • represent at trial (on both fast and multi track cases);
  • conduct conferences in order to test the veracity and reliability of evidence of both lay and expert witnesses in cases where fraud is alleged or suspected.

Nicola has experience of obtaining costs against Claimant’s in QOCS cases with finding of fundamental dishonestly and also costs orders against third parties. (see in Foxcroft v Flaherty & Tesco Underwriting [2015]) in which Nicola was successful in joining the credit hire company (Accident Exchange Limited) to proceedings and obtaining a third party costs order against them, pursuant to s.51 SCA, for 80% of the costs of the trial).

Recent examples include, finding of fundamental dishonesty:

  • Upon application at a hearing following the discontinuance of the claim; 
  • On application at trial following C non attendance:
    • Submissions were made on the documentary evidence before the court
    • The court was persuaded that it could be satisfied C brought the claim for financial gain and without regard to his information being consistent. It was accepted as riddled with material inconsistencies
    • FD was found enabling recovery of D insurer costs.
  • At trial on an EL claim where there had been gross exaggeration of the care claim:
    • The care claim made up 30% of the value of the claim
    • Comparison was made with London Organising Committee of the Olympic Games.
  • On submissions after Judgment on an RTA, where operation of s.57 CJA was also established:
    • D insurer was not indemnifying policy holder due to concerns consequent to a linked RTA
    • C1 and C2 were claiming PI, vehicle repair, and treatment costs
    • Merits had been assessed on the basis claim could go either way
    • Both C1 and C2 gave satisfactory evidence to discharge burden in establishing that the accident occurred but their evidence on quantum was woeful in response to robust xx
    • The claim for medical treatment was suspicious and there were many oddities and peculiarities that were seized upon in the injury claims
    • The DJ was invited to consider and follow Molodi. He found that the evidence was beyond questionable, that there had been an accident but that the Cs had ‘jumped on the bandwagon; and that the PI and treatment claims were fabricated
    • The vehicle repair claim could survive but there was no recovery
    • The Cs were ordered to pay D costs on disapplication of QOCs.

In addition in fraud proceedings Nicola has obtained ‘show cause’ orders and 'wasted costs' orders against legal advisors.

 

 

 

Insurance
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Nicola Twine is an established credit hire and civil fraud practitioner, with significant experience of cases including: contrived road-traffic collisions, low-velocity-impact (LVI), exaggeration, phantom passengers, and fraud rings.

She is regularly instructed to draft pleadings (Defences/ Part 18 Requests, Counter Schedules), acting for insurers where fraud is positively alleged as well as in suspicious cases where a robust defence is required, to advise on issues and evidence, conduct interim applications, and to appear at trial (on both fast and multi track cases).

Nicola conducts conferences in order to test the veracity and reliability of evidence of both lay and expert witnesses in cases where fraud is alleged or suspected. She is able to do so remotely, where required.

Nicola has experience of obtaining costs against Claimant’s in QOCS cases with finding of fundamental dishonestly and also costs orders against third parties. In the matter of Foxcroft v Flaherty & Tesco Underwriting [2015] Nicola was successful in joining the credit hire company (Accident Exchange Limited) to proceedings and obtaining a third party costs order against them, pursuant to s.51 SCA, for 80% of the Defendant's costs of the trial.

Recent examples of fundamental dishonesty findings in cases Nicola has advised on and represented to trial include:

  • Finding of FD following C service of notice of discontinuance:
    • C discontinued 7 months after Amended Defence had been served pleading fraud
    • Fraud alleged was induced RTA, phantom passengers, injury causation. Nicola drafted the robust Amended Defence setting out wider concerns as to veracity
    • D had secured permission to rely upon the Amended Defence and Engineering evidence
    • At the hearing, simply to determine the issue of FD, C attended as was cross examined.  
  • Finding of FD in an RTA claim on application at trial following C non attendance:
    • Submissions were made on the documentary evidence before the court
    • The court was persuaded that it could be satisfied C brought the claim for financial gain and without regard to his information being consistent. It was accepted as riddled with material inconsistencies
    • FD was found enabling recovery of D insurer costs.
  • Finding of FD in an EL claim where there had been gross exaggeration of the care claim:
    • The care claim made up 30% of the value of the claim
    • Comparison was made with London Organising Committee of the Olympic Games.
  • Finding of FD and operation of s.57 CJA in an RTA where:
    • D insurer was not indemnifying policy holder due to concerns consequent to a linked RTA
    • C1 and C2 were claiming PI, vehicle repair, and treatment costs
    • Merits had been assessed on the basis claim could go either way
    • Both C1 and C2 gave satisfactory evidence to discharge burden in establishing that the accident occurred but their evidence on quantum was woeful in response to robust xx
    • The claim for medical treatment was suspicious and there were many oddities and peculiarities that were seized upon in the injury claims
    • The DJ was invited to consider and follow Molodi. He found that the evidence was beyond questionable, that there had been an accident but that the Cs had ‘jumped on the bandwagon; and that the PI and treatment claims were fabricated
    • The vehicle repair claim could survive but there was no recovery
    • The Cs were ordered to pay D costs on disapplication of QOCs.

Nicola's insurance fraud work is solely on behalf of Defendant insurer clients.

Clinical Negligence
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Nicola specialises in serious personal injury and clinical negligence claims. She has a busy clinical negligence practise, and regularly:

  • Drafts Particulars of Claim, Schedules of Loss, Part 35 Questions, and Agendas for experts;
  • Advises on quantum;
  • Conducts conferences with clients and experts;
  • Advises on liability/ merits in a wide range of matters;

In addition, Nicola is an effective negotiator and represents clients at mediation, RTMs, and JSMs. Due to C-19 she has successfully adapted to doing so remotely. 

She is analytical and thorough in her approach to cases, able to respond to evolving evidence, but importantly caring and able to work well with clients, in managing expectations and explaining complicated aspects of claims. She is very personable.

Nicola has covered a wide range of clinical negligence cases, in claims against GPs, nures, doctors, surgeons, and other healthcare professionals. She has particular experience dealing with:

  • Delayed diagnosis of cancer and other conditions (both life threatening and non);
  • Claims arising from surgical accidents;
  • Negligent cosmetic surgery;
  • Erroneous or delayed treatment or diagnosis of orthopaedic injuries;
  • Ophthalmalogical negligence;
  • Failed sterilisation and negligence in relation to fertility treatment and reproductive organs (male and female).

Nicola's is instructed in in high value, and takes on, complex cases. She has achieved large settlements in many of cases she has pleaded and advised on. She accepts clinical negligence work on a CFA basis.

Examples of recent and current cases include:

S v Heart of England NHS Foundation Trust (2020) 

Still birth claim arising from failure to carry out a timely caesarean section following PROM. Significant psychological injuries. Admission of liability for Claimant, following issue of proceedings drafted by Nicola. Significant settlement achieved for the Claimant following representation at JSM (conducted remotely).

C v P (2020)

Claim concerning failure to obtain consent for hysterectomy and mesh surgery. Advice provided in respect of the merits and quantum. Settlement achieved following.

C v H (2020)

Fatal claim following failure to treat heart condition. Schedule of Loss drafted and advice provided on quantum, leading to significant settlement for the widow and approval of child dependants claims.

C v South Tees Hospitals NHS Foundation Trust (2019) 

Pressure sores claim. Nicola acted for the estate of the Deceased. Breach and causation were in issue. The claim was settled following well placed Part 36 offer Nicola advised upon.

MJ v C (ongoing)

Ophthalmological and life changing injuries following delay in diagnosing venous sinus thrombosis. Partial admissions of breach and causation secured. 

B V H (ongoing)

Delayed diagnosis of breast cancer, following negligent reporting of ultrasound. 

M v N (ongoing)

Stillbirth claim. Liability admitted for breach of duty following issue. Disputes as to survival and extent of injury. Merits assessment and quantum advice provided. 

R v O & R (ongoing)

Delayed diagnosis of retrosternal goitre. Action against GPs. Alleged that but for the delay she would have required less invasive treatment surgery and would have had better outcome. 

E v H (ongoing) 

Alleged surgical negligence following elective plastic surgery, failed penoplasty. Allegations extend to failure to obtain adequate consent and substandard surgery resulting in poor cosmetic outcome. Claim complicated by unusual nature of operation.

C v NU NHST (2018) 

Delayed diagnosis claim, where Claimant suffered life changing injuries. having lost his sight due to development of grade 2 meningioma. It was alleged that any deterioration in vision would have been reduced by onward referral on hospital presentation. Causation and quantum were disputed. A settlement of in excess of £250,000 (inclusive of CRU) was achieved at mediation when initial offer from the Defendant had been £20,000.

 

Personal Injury
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Experienced in all aspects of personal injury litigation. Nicola undertakes work for both Claimants and Defendants, and is largely instructed in multi and fast track work. She has particular experience in the following areas:

Employer’s liability

All aspects of employer’s liability claims. Regularly receives instructions for both Claimants and Defendants. Often instructed on cases involving multiple Defendants. Experience in cases of assault (representing carers and other employees in hospitals and residential settings, as well as employers such as GP practices and NHS trusts defending cases).

Nicola’s knowledge and experience of employment law complements her practise in this area.

Public/ Product, Occupiers’ liability and Highways/ Local Authority cases

Regularly instructed to deal with claims in these fields. Nicola can provide wide ranging advice in relation to all issues of liability and quantum.

Nicola is instructed by many local authorities in the North. Her experience in representing the authorities extends beyond highways and employers liability cases to include more specialist areas such as nuisance in subsidence cases and above ground tree negligence cases. She carries out site visits, where required, and conducts conferences with witnesses, advising on the merits, and appropriate Defences, as well as representing at hearings.

Disease and serious injury

Represents in HAVS, WRULDS, and RSI cases.

Regularly deals with chronic pain type cases. Recent experience extends to high value CRPS and fibromyalgia claims, each with a number of experts and surveillance evidence.

Road Traffic, Motor Insurance and Fraud

Regularly instructed in cases where fraud is alleged or suspected on behalf of both Claimants and Defendants. Experience extending to: staged and induced accidents, LVI, bogus passengers, and exaggerated claims.

Nicola routinely receives instructions: to test the strength of Defendant driver's evidence in conference, to assess documentary evidence to determine whether there are sufficient grounds to allege fraud, to advise on liability, draft pleadings, and to represent both Claimants and Defendants at trial.

 

Fraud/ Fundamental dishonesty (see also civil fraud)

Nicola has been successful in establishing fraud in cases she has pleaded and in obtaining findings of fundamental dishonesty on cases. In addition she has obtained Third Party costs orders in credit hire cases.

Recent examples include:

  • Finding of fundamental dishonesty in an EL claim where there had been gross exaggeration of the care claim:
    • The care claim made up 30% of the value of the claim
    • Comparison was made with London Organising Committee of the Olympic Games.
  • Finding of fundamental dishonesty and operation of s.57 CJA in an RTA where:
    • D insurer was not indemnifying policy holder due to concerns consequent to a linked RTA
    • C1 and C2 were claiming PI, vehicle repair, and treatment costs
    • Merits had been assessed on the basis claim could go either way
    • Both C1 and C2 gave satisfactory evidence to discharge burden in establishing that the accident occurred but their evidence on quantum was woeful in response to robust xx
    • The claim for medical treatment was suspicious and there were many oddities and peculiarities that were seized upon in the injury claims
    • The DJ was invited to consider and follow Molodi. He found that the evidence was beyond questionable, that there had been an accident but that the Cs had ‘jumped on the bandwagon; and that the PI and treatment claims were fabricated
    • The vehicle repair claim could survive but there was no recovery
    • The Cs were ordered to pay D costs on disapplication of QOCs. 

MIB

Nicola has experience of bringing claims against the MIB. She has drafted schedules, advised on applications, and drafted submissions appealing interim awards on arbitration. 

Further, as part of her practice Nicola:

  • Accepts work on a private and CFA basis;
  • Has been direct access accredited since 2004;
  • Undertakes in-house drafting of pleadings and advices for a number of nationwide firms;
  • Carries out ‘clinic’ sessions at solicitor’s firms advising on wide ranging matters;
  • Provides lectures and seminars to solicitors and insurer clients;
  • Represents at JSMs and mediations.
Recommendations
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Recommended in The Legal 500 as: "painstaking and approachable", a "thorough junior who works well with clients'," who "continues to build a good practice early in her call'", and for whom her "employment practice sits well with her work related injury practice." (2010/11) and to have "handled discrimination law cases as well as mainstream matters" (2009/10).

Appointments
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Equality and Diversity Officer for the North Eastern Circuit

Articles & Publications
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Nicola's most recent article- Foxcroft v (1) Flaherty and (2) Tesco Underwriting Ltd, Bradford County Court, 27th June 2016. Please follow the link below to read the full article:

http://www.parklaneplowden.co.uk/foxcroft-v-1-flaherty-and-2-tesco-underwriting-ltd-bradford-county-court-27th-june-2016/n284/ 

Lectures
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Nicola has presented seminars on a variety of topics, both in-house at law firms, Local Authorities, and for other organisations. Topics include:

  • Highway cases
  • Personal Injury Updates
  • Disease Protocol
  • Work Related Upper Limb Disorders
  • Discrimination update
  • Harassment in Employment Tribunals
  • Procedure in Employment Tribunals
  • Employment updates and key developments

4th October 2019 - Nicola presented 'Rooted in the Law' at the Forbes Tree Conference.

Personal Details
Education

LLB (Hons), University of Exeter

BVC, London College of Law

Professional Associations

Personal Injury Bar Association (PIBA); Employment Law Bar Association; Employment Lawyers Association; Bar Pro Bono Unit; AvMA.

Nicola's Latest News
Awards &
Accreditations

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