Call: 1992

Colm Nugent

“He has an unerring eye for a winner and is prepared to back his assessments to the hilt. He has a staggering appetite for work.” Legal 500

Mediation overview

Colm is an accredited Civil and Commercial Mediator (since 2015) as well as an associate of the Chartered Institute of Arbitrators.

He has been involved in numerous mediations concerning a wide range of civil work including property disputes, contractual disputes, clinical negligence, personal injury and professional liability (solicitors).   As a facilitative mediator, Colm will not seek to impose his own view of the dispute on any party and will explicitly decline to express a view on merits of the underlying action unless expressly requested by all parties.

He has been listed as a leading individual in both Legal 500 and Chambers and Partners for many years and is noted for his ability to handle apparently intractable and difficult disputes.

Colm has been instructed on countless occasions as an advocate in mediation and ADR.   He brings a wide-ranging breadth and depth of knowledge of litigation and legal procedure to any mediation.

Areas of expertise

  • Clinical negligence & personal injury
    • Personal injury

      Personal injury

      Solicitors and insurers recognise Colm’s extensive experience in dealing with high value injury and complex injury claims particularly where exaggeration or credibility issues arise or where fraud is suspected.

      Recommended by Legal 500 as a leading junior in this area, he is also regularly instructed in cases with technical aspects on liability (e.g. construction site accidents or product liability) or quantum (e.g.self-employed/business losses claimed, complex medical history and causation issues, life expectancy and cost of care arguments).

      Colm has specific expertise in catastrophic injury claims, employers’ & public liability (including disease), multi-party actions, product liability, sports/leisure related claims, RTAs and costs issues. He is a successful appellate advocate: in the County Court, High Court and Court of Appeal. He advises on a range of insurance law and costs issues arising out of, principally, employer’s liability, public and product liability claims. Colm’s professional clients value his attention to detail, client-handling skills and compelling arguments in court.

      Colm has appeared in Inquests and in the criminal courts on HSE Prosecutions to represent and defend clients interests ahead of anticipated civil proceedings. These include medical implant complaints, deaths at work as a consequence of allegedly defective equipment, and deaths in motor accidents; as well as advisory work concerning the approach to these types of proceedings in circumstances where the findings may well be used to support Fatal Accident claims at a later stage.

      He is regularly instructed for round-table settlement meetings and mediations negotiating favourable compromises in high value claims.

      He is presently instructed as sole Counsel in a range of catastrophic injury claims for brain injury, psychiatric harm, and serious limb injury claims exceeding £1 million.

      Recent cases

      • Hannon v LBH (2012) – Lawtel: DPA claim by tradesman who suffered major injury when bannister removed a san aesthetic feature by tenant.  Succeeded on liability in QBD and thereafter negotiated substantial damages in settlement meeting.
      • Gill v Hassan (2012) – Lawtel: Successful Ward v Tesco claim at first instance and in the Court of Appeal.  Written submissions requested in the Supreme Court led to the matter being dismissed on paper.
      • Sharma v Noon (2011) – Lawtel: EL claim involving machine injury to hand.  Succeeded on liability and thereafter on Ogden 7 Award before the QBD.
      • Dodd v Raebarn Estates (2013): Acting for leaseholder in multi-party fatal accident claim were deceased was killed by (allegedly) defective stairwell.
      • Yeomans v Technopali (2012): Acting for major industrial manufacturer in complex claim where specialist  repair operative severely injured during the course of the repair itself.  Arguments centred on applicability of PUWER in such cases.
      • Oddy v C.C. (2013): Acting for major drinks manufacturer in EL claim based on psychiatric injury occasioned by release of caustic solution.
      • Tewes v Osborne (2013): Acting for national building contractor in substantial claim brought for genuine injury.  As a consequence of Colm’s involvement due to concerns about exaggeration, the entire claim was abandoned.
      • Nuttal (2013): Successfully obtained admission of liability in substantial personal injury claim arising out of Zorbing activity.
      • Littlejohn (2013): Moderate brain injury claim to minor resulting in lifetime loss claim.  Colm is instructed as lead counsel against a QC.
      • Mohammed v CIS (2013) – Lawtel: Successful strike out of multi-party RTA claim at interlocutory stage following defence of fraudulent conduct.
      • Walsh (2013): Acting for would-be trainee solicitor who suffered a moderate right-sided stroke a week after a low velocity whiplash claim.  Causation disputed.  Claim settled for precisely £1m.
      • Simeone v Weekes (2013): Successfully secured finding of 100% liability against boat owner when new employee fell through the hatch and very seriously injured leg/ankle.  Quantum claim transferred to High Court when damaged claimed reached £3m.  Later settled on confidential terms.
      • Peverill v LBH (2011) – Lawtel: Successful liability claim in contested highways claim.  Issue was whether the HWA frequency of inspection was appropriate, and the proper classification of the section of highway concerned, it being a crossover.
      • Brennan (2013): Complex injury claim in which claimant is involved in multi-jurisdictional  maintenance with on-going shoulder injury.  Liability for injury as cyclist disputed.
      • Barling v Dye (2013): Head injury following cycle accident resulting in subtle brain injury.  Issue is whether the court should make any reduction for C now wearing a cycle helmet.
      • Andrews v RAC (2013): C was an official taking part in a semi-amateur race meeting when a car left the track and seriously injured him.  Issue was the layout of the track (the angle of the corner) and the adequacy of the safety measures.  Liability determined in C’s favour, quantum yet to be determined.
      • Da Silva (2012): Chronic pain case in which experts were at loggerheads over whether client had CP and allegations of fraudulent exaggeration.  Settlement figure confidential but substantial. 

      Employers’ Liability

      Colm is recognised for his expertise in employers’ liability cases. He is regularly instructed in claims arising principally out of serious injury accidents and fatalities.

      He is instructed both to bring and defend high value claims for EL insurers (especially in claims where exaggeration and/or fraud is suspected), and to bring and defend contribution proceedings and recovery actions arising out of EL claims.

      Colm has also appeared to defend and represent companies (and occasionally individuals) facing Health and Safety Prosecutions and/or criminal charges relating to use of machinery or vehicles as a precursor to an injury claim.

      Relevant cases

      • Sharma v Noon (2011) – Lawtel: EL claim involving machine injury to hand. Succeeded on liability and thereafter on Ogden 7 Award before the QBD.
      • Yeomans v Technopali (2012): Acting for major industrial manufacturer in complex claim where specialist repair operative severely injured during the course of the repair itself. Arguments centred on applicability of PUWER in such cases.
      • Oddy v C.C. (2013): Acting for major drinks manufacturer in EL claim based on psychiatric injury occasioned by release of caustic solution.
      • Tewes v Osborne (2013): Acting for national building contractor in substantial claim brought for genuine injury.  As a consequence of Colm’s involvement due to concerns about exaggeration, the entire claim was abandoned.
      • Simeone v Weekes (2013): Successfully secured finding of 100% liability against boat owner when new employee fell through the hatch and very seriously injured leg/ankle. Quantum claim transferred to High Court when damaged claimed reached £3m. Later settled on confidential terms.

      Public Liability

      Colm has extensive experience in public liability cases arising out of fatalities and serious injuries for both insurers and Claimants.

      Relevant cases and work

      • Gill v Hassan (2012) – Lawtel: Successful Ward v Tesco claim at first instance and in the Court of Appeal. Written submissions requested in the Supreme Court led to the matter being dismissed on paper.
      • Hannon v LBH (2012) – Lawtel: DPA claim by tradesman who suffered major injury when bannister removed a san aesthetic feature by tenant. Succeeded on liability in QBD and thereafter negotiated substantial damages in settlement meeting.
      • Dodd v Raebarn Estates (2013): Acting for leaseholder in multi-party fatal accident claim where deceased was killed by (allegedly) a defective stairwell.
      • Nuttal (2013): Successfully obtained admission of liability in substantial personal injury claim arising out of Zorbing activity.
      • Peverill v LBH (2011) – Lawtel: Successful liability claim in contested highways claim.  Issue was whether the HWA frequency of inspection was appropriate, and the proper classification of the section of highway concerned, it being a crossover.
      • Andrews v RAC (2013): C was an official taking part in a semi-amateur race meeting when a car left the track and seriously injured him.  Issue was the layout of the track (the angle of the corner) and the adequacy of the safety measures. Liability determined in C’s favour, quantum yet to be determined.
      • Da Silva – (2012): Chronic pain case following fall outside an hotel in which experts were at loggerheads over whether client had CP and allegations of fraudulent exaggeration. Settlement figure confidential but substantial.

      Road Traffic

      Colm regularly acts in road traffic cases both for insurers and Claimants and has enormous experience of such cases at trial.

      Relevant cases

      • Littlejohn (2013): Moderate brain injury claim to minor arising from a car accident resulting in lifetime loss claim. Colm is instructed as lead counsel against a QC.
      • Walsh (2013): Acting for would-be trainee solicitor who suffered a moderate right-sided stroke a week after a low-velocity whiplash accident. Causation disputed. Claim settled for precisely £1m.
      • Brennan (2013): Car accident involving cyclist. Complex injury claim in which claimant is involved in multi-jurisdictional  maintenance with an on-going shoulder injury.
      • Barling v Dye (2013): Head injury following cycle accident resulting in subtle brain injury.  Issue is whether the court should make any reduction for C now wearing a cycle helmet.

      Occupiers’ Liability

      Colm has extensive experience in occupiers’ liability cases arising out of fatalities and serious injuries for both insurers and Claimants. Colm has written articles and lectured on the duties of occupiers in open spaces.

    • Product liability

      Product liability

      Colm has extensive experience in product liability cases arising out of serious injuries and property damage for both insurers and Claimants.

      He is regularly instructed by major appliance manufacturers to defend product liability claims.

      Colm has been instructed in claims involving all manner of consumer goods causing injury or potential damage.

  • Insurance funded disputes

    Insurance funded disputes

    Colm regularly acts in personal injury and negligence claims involving insurers.  You can see details of his experience in the Personal Injury and Professional Liability sections of his profile.

  • Legal professionals

    Legal professionals

    Colm has represented claimants in a wide range of professional negligence actions involving surveyors, architects and other professionals arising out of construction accidents and product liability claims as well as defendants and claimants in actions against solicitors concerning their conduct of personal injury action.

    Recent cases

    • Hayes v Solictor (2012): Defending professional negligence claim. Claim settled for 3% of £650,000 special damages schedule following service of the counter-schedule.
    • Ruberia v (Construction Company) (2013): Substantial dispute involving the refurbishment of large tenanted property which has led to the likelihood of it requiring demolition.

Recognition

Directory recommendations

Colm is recommended by Chambers UK and Legal 500 for Personal Injury.

  • Calm but also very tenacious which is a fantastic combination when fighting tough cases.” (Legal 500)
  • “He’s brilliant at talking to clients in a sensitive and straightforward way. He is reassuring, but also good at telling the truth.” (Chambers UK)
  •  “A natural eye for detail who is able to carry out astute assessment of risk.” (Legal 500)
  • “He’s a very charming advocate who is good with both judges and witnesses” (Chambers UK)
  • “Impressive in both his paperwork and advocacy” (Chambers UK)
  • ‘Calm but also very tenacious which is a fantastic combination when fighting tough cases’ (Legal 500)
  • He has an unerring eye for a winner and is prepared to back his assessments to the hilt. He has a staggering appetite for work.’ (Legal 500)
  • His preparation for court hearings is meticulous and he is a highly persuasive advocate” (Chambers UK)
  • His speed in understanding and assimilating the issues in any case is always impressive” (Legal 500)

Professional associations

  • Personal Injury Bar Association
  • Professional Negligence Bar Association
  • British Insurance Law Association
  • Employment Law Bar Association
  • London Common Law Bar Association

Publications

Contributor to Paul Reed QC’s Construction All Risks Insurance, Sweet & Maxwell, 2014.

Qualifications

  • B.A. (Kent)
  • Colm came to the Bar from employment at Smithkline Beecham (now Glaxo Smithkline)

Webinars

Colm regularly provides webinars for various organisations including Practical Law and MBL.  If you have access to Practical Law and/or LexisNexis, you will be able to watch his latest ones:

News

Focus On…Professional Liability

16/03/2021

Colm Nugent successful in defending expert from adverse costs order application

11/02/2021

Pallett v MGN: the unintended consequences of Part 36?

04/02/2021

Disapplying fixed costs because of unreasonable behaviour

05/02/2020

Holding McKenzie Friends to account: Wright v Troy Lucas explored

07/05/2019

Articles

Colm Nugent successful in defending expert from adverse costs order application

11/02/2021

Pallett v MGN: the unintended consequences of Part 36?

04/02/2021

Issue based costs orders and Part 36 offers: Terracorp and IT Protect analysed

28/10/2020

Interactive remote ADR: the flexible route around the ongoing court logjam

29/04/2020

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd)

21/02/2020

Past events

#HardwickeBrew – When an offer might not be the offer you think it is. Exploring this and other Part 36 conundrums

28/06/2021

#HardwickeBrew – Clinical Negligence & Personal Injury – Circumventing QOCS?

10/02/2021

#HardwickeBrew – Clinical Negligence & Personal Injury – Instruction & use of experts after Griffiths and in the post-COVID litigation era

10/11/2020

#HardwickeBrew – Ogden 8: Why so late?

28/07/2020

#HardwickeBrew – Clinical Negligence & Personal Injury – Part 36 offers and future earnings in a time of a Covid-19

15/05/2020

Trip hazard! A review of professional negligence actions arising from the conduct of personal injury litigation

20/09/2016

Newsletters

Podcasts

Liability of Experts for Wasted Costs

18/03/2021

Brushett v Hazeldean – A Summary

25/02/2020

Covert recording of expert medical examinations

05/12/2019

Background and implications of the Wright v Troy Lucas & Rusz case

26/09/2019

Videos

Liability of Experts for Wasted Costs

19/03/2021

An Introduction to Professional Negligence Claims arising out of Personal Injury Cases

25/09/2019