Nicola Shaldon specialises in commercial dispute resolution and her practice is centered on construction, professional liability, costs and insurance, in which fields she has a wealth of experience.
She is well known and popular for her commitment and for the clarity of her legal analysis which has attracted a loyal following of clients including insurers, banks, building societies, trade unions and individuals. As an advocate she has substantial experience from the County Court to the Court of Appeal and regularly conducts advocacy in the Chancery Division and the TCC.
Nicola brings from the outset an acute sense of the commercial implications for her clients, rigorous legal analysis and focussed attention to detail. Her approach is to identify the key issues at an early stage and to achieve the swiftest and most cost-effective solutions for her clients. Her specialist costs practice is an invaluable aide in achieving this aim.
Nicola is a contributor to Insurance Law Monthly and regularly lectures and gives seminars including advocacy training.
Nicola’s professional liability work is centred on claims involving lawyers liability and construction-related professional liability where she has a wealth of experience. She also has considerable experience of the related fields of surveyors and valuers liability, most recently in the context of lender litigation and claims concerning accountants and auditors, financial advisers and insurance brokers. Whilst the balance of her practice is slanted towards defendants, she also acts regularly for claimants and finds the insights gained from the differing perspectives useful.
Nicola has extensive experience of claims against construction professionals, including architects, engineers, project managers, building surveyors, quantity surveyors and party wall surveyors. Her experience covers all the main professional services relating to building projects including procurement, design, certification, supervision and contract administration. She appears regularly in the TCC in London and regionally and has experience of arbitrations and adjudications. She is a TECBAR accredited adjudicator.
She has been instructed on claims ranging from high value claims arising from commercial developments and PFI projects to claims arising from work carried out on residential properties by structural engineers and architects. She appeared successfully on behalf of the claimants in Payne v Setchell  BLR 489; (2001) 3 TCLR 26; PNLR 7 (TCC) one of the leading cases on duties of care owed by engineers to subsequent purchasers and the extent of concurrent duties of care on builders and construction professionals.
Claims involving lawyers liability form a significant part of Nicola’s practice. She has extensive experience of the full range of claims against solicitors including:
(a) Claims arising from the mishandling of all types of litigation including allegations of undersettlement;
(b) Claims involving residential and commercial conveyancing;
(c) Lender claims often arising from mortgage fraud, and involving breach of retainer, breach of trust and breach of undertaking;
(d) Claims concerning asset and share sale agreements, partnership disputes, personal and corporate insolvency, probate and the drafting of documents including leases, wills and contracts of employment;
(e) Wasted costs applications
She is regularly instructed to act in property- related claims against solicitors arising in the recent wave of lender litigation.
In the area of lost and mishandled litigation, Nicola has substantial experience of a wide variety of underlying claims including in particular personal injury and clinical negligence actions, construction disputes and employment law. She is frequently instructed to act in cases where the underlying issues are construction-related which dovetails neatly with her construction practice.
Her early experience of employment litigation gives her a particular expertise in handling cases involving employment law including issues of unfair dismissal, disability discrimination, sex discrimination/harassment, compliance with TUPE obligations, and the drafting of contracts of employment, including restrictive covenants. She is regularly instructed by many of the major trade unions including the RMT, the GMB, the PCS, the Royal College of Midwives and the NASUWT to deal with a variety of claims involving professional liability issues.
Nicola has considerable experience in this type of claim involving commercial and residential property, most recently in the context of the current wave of lender litigation. She acts for both claimants (including lenders and residential property owners) and defendant surveyors and valuers.
Nicola acts both for and against accountants and auditors in claims arising from the auditing of accounts, the provision of tax advice, the structuring of transactions and the sale of companies.
Her experience includes:
Nicola regularly acts and advises in claims involving financial services professionals arising from advice on pensions, mortgages and other investments.
Nicola acts for both claimants and defendants. Recent cases include defending a broker against claims arising from failure to effect cover for employers liability and advising as to a broker’s liability for failure to advise on run-off cover.
Construction work forms a substantial part of Nicola’s practice. She appears regularly in the TCC in London and in the regions and has experience of acting in arbitrations and adjudications. She also has experience of adjudication enforcement proceedings in the TCC. She is instructed by employers, contractors, sub-contractors and construction professionals, frequently in multi-party actions. Her experience ranges from multi-million pound developments including hospitals, warehouses and shopping centres to disputes relating to residential properties.
Featured Construction & Engineering cases
Nicola regularly advises insurers and insured on coverage disputes over a range of policies (including professional indemnity, domestic household and public liability), spanning issues of non-disclosure, misrepresentation and construction of policy terms. She has particular experience of advising on professional indemnity policies and on the Minimum Terms and Conditions in solicitors professional indemnity, including issues arising under the Third Party (Rights Against Insurers) Act 1930.
Featured Insurance & Reinsurance cases
She acts regularly in subrogated recovery claims and has recently acted for insurers in the subrogated recovery litigation arising out of the Buncefield explosion. More detail is provided in the Property Damage section.
Nicola undertakes the full range of costs work and appears regularly in the County Court, the SCCO and the High Court. Her experience includes costs management hearings, assessment of costs in county courts and the SCCO, fixed costs and costs under the RTA portal, wasted costs applications against solicitors in courts and employment tribunals, non-party costs orders, security for costs applications, applications for relief from sanctions, and disputes over fee claims including the effect of costs estimates. The costs aspects of Nicola’s practice interacts with her extensive lawyers liability work, and she is frequently instructed in cases where clients are in dispute with solicitors over fees.
Featured Costs cases
Nicola has significant experience of property damage claims which complement her construction practice. She acts regularly in subrogated recovery claims and has recently acted for insurers in the subrogated recovery litigation arising out of the Buncefield explosion. She also acts frequently in claims arising from tree-root damage.
Featured Property Damage cases
4 New Square
London, WC2A 3RJ
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