Nicholas Cobill

Viewing: Professional Negligence for Nicholas Cobill

Nicholas deals with a range of disputes involving professional negligence.
He advises on risk avoidance, provides opinions and drafts pleadings, gives guidance on disclosure exercises, interviews witnesses, liaises with experts and represents clients at mediation, in tribunals and in court. His experience includes:
Advocacy
- representing a credit card provider in a claim brought by individuals who underwent eye surgery for macular degeneration at the London Eye Hospital where the treatment was paid for by credit card and its co-defendant was facing allegations of negligence and breach of contract
- representing the Claimants in Cumbria Waste Management Limited and Lakeland Waste Management v Baines Wilson (A Firm) [2008] EWHC 786 (QB) (re: disclosure of documents used in mediation) (solicitors negligence)
- representing companies in proceedings against a bank in the High Court where it was alleged that the bank had negligently undervalued a commercial property (and defending similar proceedings on behalf of commercial lenders)
- defending a vehicle dealership in a claim brought under the Consumer Protection from Unfair Trading Regulations 2008 where it was alleged that the dealership engaged in a prohibited practice
- representing the Secretary of State for Business, Innovation and Skills in director disqualification proceedings (including interim applications and final disposal hearings)
- representing an independent school in a claim brought against it by the father of a pupil concerning the provision of education
Advisory and drafting
- representing an individual in a case of mistaken identity in defamation claims against newspaper publishers and the Chief Constable of a regional police force
- acting for a major property developer in a claim against its insurance broker
- defending a general building contractor (in proceedings in the High Court) in relation to its repairs to chimneys in a claim concerning a major fire at Wardington Manor
- acting for a private property developer in its claim against a geotechnical consultant regarding advice given on the scope of contaminated land
- acting for claimants suing their former corporate solicitor for negligent advice and services
Alternative Dispute Resolution
- representing a global insurer defending a multi-million GBP claim at mediation
- representing a sophisticated corporate entity at multi-party mediations
- representing a financial advisor in a mediation with a mortgage provider
- devising tailored solutions for corporate entities to limit the threat of litigation.
He is recognised for his proactive and commercial approach to dispute resolution.
Client care
Prior to joining No5 Chambers in March 2011, Nicholas was a senior associate in the commercial litigation team at Wragge and Co LLP (now Gowling WLG (UK) LLP). He also led the firm’s advocacy team. He dealt with a broad range of commercial and insolvency disputes from high value and complex commercial matters to comparatively lower value and high volume disputes. He worked with partners across the firm, managed solicitors and supervised trainees.
Other
Represented Middle Temple at the World Universities Debating Championship in Toronto 2001
BVC: Inns of Court School of Law – Very Competent
Notable Cases
Jonathan Digby-Rogers v Speechly Bircham LLP [2019] EWHC 1568 (Ch)
Henderson and Jones Ltd v Alex Tsimboykas and Claire Tsimboykas [2018] EWHC 1493
(1) John Micheal (2) Pauline Wendy Micheal (3) Havering Radio Cars UK Ltd v (1) Gary Anthony Phillips (2) A1 Group (UK) Ltd (3) Lynn Phillips [2017] EWHC 142 (QB)
(1) Cumbria Waste Management Ltd (2) Lakeland Waste Management Ltd v Baines Wilson (a firm) [2008] EWHC 768 (QB)
Memberships
Chancery Bar Association
International Bar Association
Middle Temple