Colm Nugent

Call:1992

Introduction & Contact Details

Colm was employed by Glaxo Smithkline (Smithkline Beecham as were) for five years before coming to the Bar, and is fully aware of the demands imposed by large commercial organisations as clients.

Colm specialises and has broad experience in Commercial, Employment and Personal Injury litigation.  He has a fast work turnaround - standard 14 day service to within a matter of hours if required.  He is happy to handle instructions and documents by email, Pdf or CDR.

Conferences can be held at client's premises if required, or via telephone conference, video-conference or even Skype conference call.

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: colm.nugent@hardwicke.co.uk

COMMERCIAL

In addition to the usual contract and associated litigation, he has specific interest and expertise in:

• Employee and director fraud claims
• Automotive industry litigation
• Injunctions and emergency remedies
• Insurance and coverage issues
• Arbitration

Relevant Cases

Beddow v Cayzer [2007] EWCA Civ 644
Leading case regarding fiduciary duties and joint venture agreements.

Arbitration

Colm has extensive experience of arbitration and mediation (both formal and informal) in all the areas above. Colm’s previous industry experience as well as presentation skills training enables him to approach ADR with a commercial viewpoint.

Recent Cases

• Shah [2007]
Successful defence at trial in a partnership action where defendant falsely accused of fraud. 

Employment

In addition to the usual range of tribunal work (especially Discrimination), Colm has specific expertise and experience in

• Disputes surrounding restrictive covenants, gardening leave and the like, including drafting relevant clauses
• DDA issues including issues surrounding employees who are long-term sick of who have been injured at work or outside work
• Employee and Director fraud and surrounding issues
• Compromise agreements
• Public Interest Disclosure claims
• Stress at work issues (see Injury)

Professional Negligence

Colm has extensive experience of professional negligence claims, principally on behalf of claimants, particularly in the areas of practice above in which he specialises.  These claims rarely fight to trial and in Colm’s experience a positive resolution usually emerges from ADR, such as mediation and settlement conferences.

• Solicitors' negligence
• Surveyors' negligence

Recent Work

• R v B [2008]
Surveyors negligence action involving collapsed swimming pool roof.  Liability denied.  Damages recovered for full value of damage, matter went to a hearing to determine costs liability alone. 

INSURANCE

Chambers UK has praised the Insurance team at Hardwicke Building as being “direct with significant clients” and for their ability “get down to it with the minimum waffle”. Colm has been involved in some of the leading cases whilst working at Hardwicke Building.

Colm accepts instructions from clients from all sides of the insurance world, particularly those who have suffered through personal injury torts or employment related litigation. He also advises on:
• coverage and avoidance issues
• professional indemnity policies
• public liability policy issues
• breaches of warranties and other policy terms
• misrepresentation and non-disclosure
• employer’s and occupier’s liability

Employers Liability

Colm enjoys a wide-ranging employment practice covering areas such as contentious disputes in the High Court, advisory work relating too employment contracts, injury of workers on site and vicarious liability issues.

Occupier’s Liability

This subject area naturally overlaps with Colm’s work in employers liability

Personal Injury

In addition to the usual range of County Court, High Court and mediation/Arbitration work, Colm has specific expertise in

• Stress at work and the complexities surrounding bringing and defending such claims
• Fraud allegations in Injury claims and the insurance and coverage issues arising
• Employment-related injuries including WRULD claims
• Career-ending injuries or injuries to minors where the future career choice is uncertain
• CFA risk-management and associated costs issues.
• Colm acts for both Claimants and Defendants in broadly equal measure
• Colm has recently represented a cient who recovered £1.1 million after a fully-contested trial

Recent Work

• Greavy [2008]
Career ending injuries involving serious leg fractures and serious depression after a fall on a building site.  Liability initially denied but conceded shortly before preliminary issue to determine the matter.  Claim settled for £750,000 days before trial following a mediation.  Colm was involved at every stage of the claim from initial conference, pleadings, disclosure and witness evidence through to settlement.

• Willis [2007] (Reported in Kemp)
Career-ending injury involving severe whiplash and depression.  Claim fought to trial on quantum and damages awarded at just over £1,000,000.  Colm was involved at every stage of the claim from initial conference, pleadings, disclosure and witness evidence through to trial.

Relevant Cases

Choudhary v Martins [2007] EWCA Civ 1379
Court of Appeal, leading decision of an award of damages for personal injury and damages for injury to feelings

Product Liability

Colm has been instructed in cases covering a wide range of consumer products and technical tools in the work place which have caused personal injury, as well as in relation to other diverse products.

Professional Indemnity

Colm is a highly capable practitioner in insurance law and has experience advising insurance companies and individuals on liability and coverage issues

Public Liability

Colm has represented as well as opposed cases involving local authorities who have failed to discharge their statutory duties.

Road Traffic

Colm’s wide experience of personal injury work mean that he has advised, represented and mediated for a large number of parties in litigation after traffic accidents.

Recent Work

• Mediation and advocacy for a self-employed builder who suffered multiple fractures and a de-gloving injury to the lower part of his left leg, recovered £700,000 three years after his motorcycle accident.
• Mediation and advice on behalf of a man who suffered multiple fractures and psychiatric injury after being involved in a head on collision riding his motorbike to work.