Nicola Marchant

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History

Phone: 
0161 909 4512
First Name: 
Nicola
Area of Law: 
Dispute Resolution
Last Name: 
Marchant
Type: 
Team Member
Management team: 
0
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Description: 

Nicola is a Partner in Dispute Resolution where she specialises in partnership disputes and contractual disputes (particularly in the medical sector), judicial review and contentious probate. She is a member of the Association of Contentious Trust and Probate Specialists. She is also a member of the Association of Partnership Practitioners. Nicola regularly lectures on partnership disputes and contentious probate and estate issues.

Her work includes all aspects of dispute resolution, from advising clients as soon as any dispute arises with a view to avoiding litigation, to contested matters including court and arbitration proceedings. She regularly advises on and attends mediations and other forms of alternative dispute resolution.

The Legal 500 2010 states that Nicola is ‘personable’ and is ‘praised by clients’.

Best career moment: I have many highlights, however the best was acting for Mr Tomkins in the landmark case against Knowsley Primary Care Trust.  It was the first breach of dental contract claim to be determined in the High Court.  Importantly, the decision addresses fundamental principles in dental contracts in relation to dispute resolution, remuneration, entire agreement clauses, and entitlement to payment. The court ruled that Mr Tomkins had a substantial claim for monies owed under a contract he had performed for over four years with the approval of the PCT.  Despite his excellent performance, the PCT had sought to argue, on a number of grounds, that there was no valid contract in place. It was an extremely hard fought case which resulted in an excellent outcome for Mr Tomkins.

Notable cases include:

  • Mr Tomkins v Knowsley Primary Care Trust [2010] EWHC 1194 – a leading case on breach of dental contracts
  • the Court of Appeal Case of Twizell & Anr and ENTRUST & Ors [2009] EWCA Civ 1192 which clarified various aspects of the Landfill Tax Regulations 1996
  • the Court of Appeal case of Metropolitan Police Authority and Belinda Laws and the Police Medical Appeals Board [2010] EWCA Civ 1099 which clarified important aspects of the Police (Injury Benefit) Regulations 2006
  • acting for a number of high value and high profile estates in wide ranging disputes, including challenges to the wills and disputes between trustees and beneficiaries

Nicola qualified in 1999 and became a partner in 2005.

Position: 
Partner
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