Nicholas Dugdale (1992)

Nicholas Dugdale (1992)

West Sussex
Membership Status: Barrister - Full Member Qualified in 1992

Profile

General Information

A member of the Fast & Multi-Track Advocacy Team at Clerksroom having joined from London chambers in 2004, Nicholas has a wealth of experience. He lives in West Sussex, covering the County Courts and the High Court in London and the South East across the South coast down to Bournemouth. Nicholas is happy to travel to any UK court for a fast or multi-track hearing. Nicholas has been an advocate for 35 years.

Nicholas has, by design, a wide-ranging general civil and commercial practice.  The following is necessarily merely illustrative of his recent experience:

Transportation

  • Extensive experience in RTA claims and related matters including, of course, credit hire claims.  Nicholas also has experience in PI claims arising in other contexts, notably occupier's or employer's liability
  • Advising, and appearing on behalf of, airlines and their insurers.  Most recent claims concerned an alleged aircraft cabin fume incident, including 15 litigated claims;  various litigated claims arising from alleged injuries sustained in the course of an emergency evacuation of an aircraft
  • Advising and representing airlines and their insurers in respect of personal injury and fatal accident claims, including claims arising out of crashes and catastrophic incidents

Defending tour operators against claims under the relevant regulations, including a claim of sexual assault by a foreign employee

Employment

  • Nicholas has appeared on numerous occasions in the Employment Tribunals and, from time to time, in the EAT.  He has acted for individuals, companies, and local authorities
  • Claims have involved unfair and unlawful dismissal, discrimination and the application of TUPE

Commercial

  • Advising and appearing for the vendor in respect of claims of breach of warranty in a contract for the sale of a business, culminating in a 5 day High Court trial (successful); and subsequent applications for costs against non-parties
  • Advising in respect of claims arising from the supply of allegedly non-compliant building materials to a large development in Hampshire
  • Advising and attending mediation on behalf of a specialist recruitment company about alleged breaches of confidentiality and database rights
  • claims concerning agency commission; mostly concerning real estate agents, but also more generally - Nicholas appeared in a lengthy trial concerning agency commission claims related to the provision of railway equipment in Singapore

Professional Indemnity

  • Nicholas advised and appeared in numerous cases in the mid-90s arising from allegedly negligent valuations and appraisals by valuers and architects.  That work has, for obvious reasons, dwindled, but he has acted recently on behalf of a large building society in cases arising from multiple purchases and valuations
  • Also acted on occasion for individual purchasers in connection with undetected property defects
  • Junior counsel in a lengthy trial in the Commercial Court concerning an allegedly negigent valuation of an inner London Hotel

Property

  • Nicholas has considerable experience advising and appearing in (mainly) commercial tenancy disputes, including landlord claims for dilapidations, tenant claims for breaches of covenant and similar
  • Also, slightly less obvious matters including boundary disputes both rural and urban, and claims in respect of a building erected allegedly in breach of restrictive covenants in favour of a water utility

Inquests

  • Appeared at various inquests, usually on behalf of the deceased's insurer
  • Attended inquest on behalf of family of deceased (acting pro bono) to avert possible finding of suicide
  • Appearance on behalf of airline in the case of a passenger who died during flight or shortly after, apparently by asphyxiation

Equine

  • Nicholas has advised and appeared in cases concerning the ownership of horses and claims about horses under the Sale of Goods Act
  • Appeared at trial in Manchester County Court on behalf of livery yard owner (and hence a "keeper") under the Animals Act in respect of serious personal injury claims by a person injured by a horse
  • Advised and appeared on claim by purchaser that horse sold was defective - buyer had the animal put down

About Nicholas

Nicholas was first qualified in New Zealand where he practised as a barrister and solicitor. In the mid 1980s he moved to Melbourne where he was admitted to practise and became an Associate  in commercial litigation for a large American law firm. In 1988 he arrived in London where he was again admitted as a solicitor and worked in the construction litigation departments of two leading firms before undertaking pupillage and being called to the Bar in 1992. Nicholas saw the light and abandoned commuting to chambers in London in 2004.  He lives in rural West Sussex.  Nicholas is the Organiser of the (BE affiliated) Rackham Horse Trials, and thus has both a personal and professional interest in horses.

Testimonials

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Fees and Feedback

Fees and Feedback

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

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Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

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