Nicole Sandells

Education

B.A. (Oxon) (First Class)



Tel: 020 7822 2038
Email: n.sandells@4newsquare.com
Email Clerk: a.call@4newsquare.com

Year of Call: 1994


Languages
French and Spanish

Profile

Nicole joined Chambers in 2002 having developed a successful practice at the Chancery commercial bar. The majority of her work falls within the general categories of Chancery, commercial dispute resolution and related professional liability.

In recent years Nicole has been successfully involved in a number of high profile mortgage-related cases, including Bradford & Bingley v Rashid in the House of Lords. This work overlaps with her professional liability practice and most recently she represented the successful bank in Lloyds Bank v Markandan & Uddin. As can be seen from her list of cases, Nicole is never happier than when tackling complex and difficult points of law, and relishes appellate advocacy.

Nicole is a member of the Chancery Bar Association, the Professional Negligence Bar Association, COMBAR and the London Common Law & Commercial Bar Association.

 

Chancery

Nicole has a broad Chancery practice, developed at the Chancery commercial bar before she joined Chambers in 2002. Her practice encompasses all areas of property and private client litigation, including Court of Protection related work (see for example Re J). In particular, Nicole has a recognised and successful mortgage litigation practice, having made a number of successful appearances on behalf of lenders in the Court of Appeal or the House of Lords in recent years.  As can be seen from her list of cases, Nicole relishes appellate advocacy and complex and difficult points of law. 

Nicole is a member of the Chancery Bar Association, the Professional Negligence Bar Association, COMBAR and the London Common Law & Commercial Bar Association.

Mortgages

Nicole:

Banking

Nicole’s mortgage practice is supported by other work in the banking field, particularly in relation to the interpretation and enforcement of guarantees and claims under the Unfair Terms in Consumer Contracts Regulations. For example, Nicole has argued successfully on a number of occasions that early redemption charges are not unfair terms and can be enforced by lenders.

Fraud

Nicole has wide experience of all aspects of civil fraud, most recently and significantly in the mortgage lending context.

Her practice covers everything from equitable proprietary remedies and title rectification, through claims against the defaulting borrower, to claims against the professionals involved in the transaction, whether innocently or not.

She has a special expertise in claims raising subrogation issues, vendor’s liens, equitable charges, overriding interests, breach of trust and breach of undertaking.

Her practice also incorporates the professional indemnity issues arising out of fraud claims and claims against the Law Society Compensation Fund.

Nicole recently represented the successful lender in Lloyds Bank v Markandan & Uddin, which dealt with issues of breach of trust, defences under section 61 of the Trustee Act 1925 and contributory negligence in the trust context.

Real Property

Nicole’s practice covers all aspects of real property work including:

Nicole acted for the successful party in the adverse possession case Lambeth Council v. Blackburn, including a successful application in the House of Lords. Nicole also advised the successful party on the land law aspects of The Queen (Lord Chancellor) v. Chief Land Registrar.

Trusts, Wills, Probate and the Administration of Estates

Nicole's practice is concentrated on private client litigation rather than non-contentious advisory work. She has broad experience in:

She also advises and represents both trustees and beneficiaries with regard to breach of trust claims. She advises on and litigates Court of Protection matters including statutory wills, receiverships, deputyships and Enduring and Lasting Powers of Attorney. She appeared in Re Cameron (ademption; enduring powers of attorney) and acted for the successful applicant in Re J, concerning the validity of enduring powers of attorney creating successive attorneyships.

A significant minority of Nicole’s practice involves representing trustees or beneficiaries in mediation or other alternative dispute resolution.

Commercial Dispute Resolution

Nicole takes on litigation and advisory work in relation to all varieties of domestic and international contractual disputes including: 

She has particular experience of claims under the Unfair Terms in Consumer Contracts Regulations.
Nicole has also developed a niche practice litigating National Lottery syndicate disputes after acting for the successful party in Abrahams v. Abrahams.

Professional Liability

The majority of Nicole's professional liability work is related to the general categories of Chancery and commercial dispute resolution. Nicole has broad experience not only in direct professional liability claims, but also in underlying actions brought to correct or mitigate alleged errors. Most recently she represented the successful bank in Lloyds Bank v Markandan & Uddin and she is never happier than when tackling complex and difficult points of law, or pursuing novel or unusual solutions to professional liability problems.  
 
Nicole is a member of the Chancery Bar Association, the Professional Negligence Bar Association, COMBAR and the London Common Law & Commercial Bar Association.

Accountants, Auditors & Actuaries

Nicole has experience of:

Construction Professionals

Nicole has experience acting for and against construction professionals in a wide variety of construction related disputes ranging from failure properly to damp proof domestic residences to claims for failing to advise properly as to planning issues for proposed residential development.

Financial Services Professionals

Nicole has experience:

Lawyers

Nicole has wide-ranging experience of solicitors' and barristers' negligence, fraud and breach of trust claims, for and against defendants, including:

· claims arising out of Court of Protection receiverships or deputyships

· breach of trust claims in the context of mortgage fraud

· defences under section 61 of the Trustee Act 1925

Nicole also advises defendants and claimants with regard to coverage issues and disputes, and advises claimants with regard to claims on the Law Society Compensation Fund. Nicole’s practice also covers the underlying corrective litigation required to limit the liability of defaulting professionals, such as construction or rectification actions and the enforcement of equitable interests in land – see for example, Nicole’s successful argument in Re J (Enduring Power of Attorney).

Surveyors & Valuers

Nicole has broad experience acting mainly against surveyors and valuers, often in mortgage-related actions.