Called 1999 Email Nicola
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 and is 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.
"Painstaking and approachable", a "thorough junior who works well with clients."Legal 500 2010/2011
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.
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:
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 ) 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:
In addition in fraud proceedings Nicola has obtained ‘show cause’ orders and 'wasted costs' orders against legal advisors.
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.
She is regularly instructed to draft pleadings, 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.
Nicola has experience of obtaining costs against Claimant’s in QOCS cases with finding of fundamental dishonestly and also costs orders against third parties. Most recently (in the matter of Foxcroft v Flaherty & Tesco Underwriting ) 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 of fundamental dishonesty findings in cases Nicola has advised on and represented to trial include:
Nicola's insurance fraud work is principlally on behalf of Defendant insurer clients.
Nicola undertakes clinical negligence claims and regularly:
She is finding this an increasingly active area of her work profile and has particular experience dealing with:
Nicola has acted in high value, and takes on, complex cases. She has achieved large settlements in a number of cases she has pleaded and advised on. She accepts clinical negligence work on a CFA basis.
Examples of recent and current work include:
C v Nottingham University Hospitals Trust (2018) Nicola acted for the Claimant who had 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 intial offer from the Defendant had been £20,000;
C v South Tees Hospitals NHS Foundation Trust (2019) Nicola acted for the estate of the Deceased, where the Deceased had developed avoidable pressure sores. Breach and causation were in issue. The claim was settled following well placed Part 36 offer Nicola advised upon.
S v Heart of England NHS Foundation Trust (ongoing) Nicola is acting for the Claimant in a still birth claim arising from failure to carry out a timely cesarean section following PROM.
E v H (ongoing) Nicola is acting for the Claimant in a claim arising from a failed penoplasty, where allegations extend to failure to obtain adequate consent and substandard surgery resulting in poor cosmetic outcome.
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:
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:
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:
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).
Equality and Diversity Officer for the North Eastern Circuit
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:
Nicola has presented seminars on a variety of topics, both in-house at law firms, Local Authorities, and for other organisations. Topics include:
4th October 2019 - Nicola presented 'Rooted in the Law' at the Forbes Tree Conference.
LLB (Hons), University of Exeter
BVC, London College of Law
Personal Injury Bar Association (PIBA); Employment Law Bar Association; Employment Lawyers Association; Bar Pro Bono Unit; AvMA.