Nicole has a flourishing international practice and is regularly instructed in cases which have a multi-jurisdictional aspect. Her recent and on-going cases involve jurisdictions as diverse as Jersey, Guernsey, New York, Hong Kong and Nigeria.

Nicole’s main areas of specialisation are commercial disputes, trust and company litigation and fraud and asset tracing. She is recommended in Legal 500 as leading junior in the area of commercial litigation.

Recent commercial disputes in which she has been involved include acting on behalf of a UK company in connection with allegations that a former director and shareholder had infringed patents and disclosed confidential information, and acting on behalf of a multi-national company which had been defrauded of substantial sums by one of its employees.

Nicole also regularly acts on behalf of insurers, trustees and beneficiaries in connection with high value claims for breach of trust, as well as advising in relation to complex and often sensitive applications for directions. She has particular experience of cases concerning the scope of a Court’s powers to give directions, disclosure of trust documentation and the setting aside of dispositions on the grounds of mistake, a topic on which she has also written and lectured  extensively. Given the largely multi-jurisdictional nature of her practice, she is often instructed to advise in relation to complex issues of conflicts of laws, including the recognition and enforcement of foreign judgments and the use of evidence in foreign proceedings.

Nicole is also one of only a handful of lawyers practising in London who is dual qualified to practice both in England and in Jersey.

Clients praise her “eye for detail and her breadth of vision” and she has been described as having “a rare talent for seeing right to the heart of a matter”. The current edition of Legal 500 describes her as giving “clear, to-the-point advice and is the go-to person for issues involving Jersey law.

In 2009 she was named as one of the top 10 “Stars at the Bar” amongst barristers of less than 10 years call by Legal Week.

Nicole began her legal career as a trainee solicitor with a magic circle City firm, and then returned to Jersey in 1995, qualifying as a Jersey Advocate in 1998. In 2002, she became a partner in the Litigation Department of one of the leading Channel Islands’ law firms. She joined Chambers in early 2008.

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Areas of experience

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  • Civil Fraud, Asset Tracing & Recovery

    Nicole has extensive experience of the complex multi-jurisdictional issues which arise in the context of serious fraud claims and often advises in relation to both the personal and proprietary remedies available in such cases.

    She was recently instructed by a leading Channel Islands’ law firm in connection with one of Jersey’s largest money laundering cases, in which monies held in a Jersey bank account were alleged by Jersey’s Attorney General to be the proceeds of a massive fraud perpetrated on the State of Nigeria. The proceedings gave rise to many novel and highly complex issues of law and Nicole represented the defendant at some of the interlocutory hearings which took place before Jersey’s Court of Appeal.

    Other recent cases include:

    • Advising the beneficiaries of a trust in relation to claims against the trustee in the context of a multi-million pound fraud committed by the investment manager of the trust fund
    • Advising a company in relation to claims for dishonest assistance in the context of a fraud committed by one of its directors
  • Commercial Litigation

    Commercial disputes are an integral part of Nicole’s practice, for which she is recommended in Legal 500. She has particular experience of cases with a multi-jurisdictional dimension which give rise to complex issues of conflicts of law.

    Nicole regularly advises institutional clients, directors and individuals in relation to a broad range of contractual disputes. Recent cases include: advising a fund manager in connection with a contractual dispute with the fund; advising a company in connection with allegations of breach of a director’s service contract; advising a leading Bank in relation to the validity and enforceability of loan documentation.

    Nicole also has particular expertise in the field of Jersey contract law, and was formally Adjunct Professor of Contract Law at Jersey’s Institute of Law. In this capacity, she speaks regularly on recent developments in contract law. Nicole is often instructed to act on behalf of parties in contractual disputes with a Jersey aspect, and recent cases include advising in relation to an agreement for the sale of a Jersey limited partnership interest, and acting for a Jersey company in connection with a claim for damages for breach of a pre-contractual duty of good faith in the context of a tender for the award of a substantial services contract.

    Other recent cases include:

    • Acting on behalf of a multi-national company which had been defrauded of substantial sums by one of its employees.
    • Advising in relation to conflicts of laws issues arising out of the assignment by a trustee of a substantial cause of action against a foreign defendant
    • Advising in relation to conflicts of laws issues arising out of claims made by investors in a series of Limited Liability Partnerships
    • Advising a company in the IT sector on the merits of a claim for breach of an agency agreement
    • Advising in relation to the interpretation of a development agreement in connection with the largest development ever carried out in Jersey
  • Company

    Nicole has experience in a range of company law matters.  Her recent work includes acting in a claim against directors for breach of duty; acting in relation to shareholder disputes (and specifically claims for unfair prejudice); acting in relation to a claim by a company to set aside a transaction on the grounds of a conflict of interest; and acting against a corporate services provider for losses caused to a company by the misapplication of funds.  Nicole has also recently been instructed (together with Terence Mowschenson QC and Hugh Miall) in a claim against offshore directors and a corporate services provider by two Jersey companies and their Liquidator concerning allegedly wrongful payments out of the companies of approximately €34 m.  A 6 day trial of a preliminary issue concerning the previously undecided question of the applicable limitation period in Jersey to claims against directors for breach of duty took place in March 2017: O’Keefe & anor v Caner & ors [2017] EWHC 1105 (Ch)

  • Mediation

    Nicole is a passionate exponent of mediation with a flourishing practice which encompasses a broad spectrum of disputes. She became a CEDR accredited mediator in 2012.

    As one of only a handful of lawyers who is dual qualified to practice both in London and in Jersey, Nicole is uniquely placed to mediate disputes in the Channel Islands.  Her main areas specialisation are general commercial litigation, contentious trust litigation and professional negligence.

    If you would like more information about her experience of mediation generally or as a mediator, please contact Daniel Wilson on 020 7691 2424 or daniel.wilson@xxiv.co.uk.

  • Professional Negligence

    Nicole deals regularly with cases involving professional negligence, particularly those arising out of claims for breach of trust. She has particular experience of cases concerning allegations of negligent investment management and excessive fees.

    Recent and on-going cases include: advising an institutional trustee in connection with allegations of negligence made against it by the primary beneficiaries of the trust; acting on behalf of beneficiaries in respect of claims arising out of negligent tax advice.

    Other highlights include:

    • Representing a magic circle firm in relation to allegations of professional negligence
    • Representing an IFA in a claim for professional negligence
  • Trusts, Probate & Estates

    Nicole specialises in trust litigation and her dual qualification in England and Jersey means that she is perfectly placed to deal with cases which have a Channel Islands’ dimension.

    She is frequently instructed by trustees and beneficiaries in connection with claims for breach of trust and regularly advises in relation to complex and sensitive application for directions. She is currently instructed (together with Martin Mann QC) in connection with a very substantial claim for breach of trust against an institutional trustee in a case which raises a number of complex inter-jurisdictional issues. She is also currently acting for beneficiaries in a highly contentious application for directions taking place before the Royal Court of Jersey, and has appeared on their behalf in the Jersey Court of Appeal in a successful appeal against extensive disclosure orders. She has also recently advised a leading financial institution in relation to the scope of duties owed to a beneficiary of an Employee Benefits Trust by the Trustee under the terms of various gilt option agreements entered into between the Trustee and the beneficiary.

    Nicole also has particular experience of the complex conflicts of laws issues which frequently arise in multi-jurisdictional proceedings.

    Other recent cases include:

    • Acting as an expert witness in relation to proceedings commenced in England by the beneficiary of a Jersey law governed EBT
    • Advising a group of BVI companies in relation to claims of constructive trust
    • Advising the Trustee of an EBT in relation to the enforceability in Jersey of orders made by the English Court in proceedings by a beneficiary seeking to challenge the forfeiture of awards.
    • Advising in relation to conflicts of laws issues arising out of a declaration of sham made by a foreign court in respect of a Jersey trust
    • Advising in respect of proprietary claims being brought against assets held in a Guernsey EBT
    • Advising in relation to the enforceability of an English judgment against a Jersey trustee
    • Advising the Inland Revenue in relation to the validity and enforceability of Jersey structures
    • Representing the Jersey Financial Services Commission in an appeal against a decision to refuse to register a trust company
    • Advising a Jersey association in connection with a dispute with members