Call: 2018 - England and Wales, 2021- Eastern Caribbean Supreme Court (Virgin Islands)

Elizabeth Nicholls

Barrister
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Practice Summary

Elizabeth’s practice covers a range of chambers work including commercial, property, land, housing, planning & environmental law. She also offers specialist advice in relation to arboricultural law (trees, forests and hedges) and is a co-author of the leading legal book on the subject.

Her experience includes unusual contracts and debt, disrepair, land/boundary disputes, highways, caravans, trespassers, listed buildings and the more unusual parts of the Town and Country Planning Acts. She offers advice on local authority enforcement, including injunctions, prosecutions and anti-social behaviour.

Her clients include local authorities, government departments, companies and individuals. She also represents clients as Counsel at mediation and is a sought-after Civil Mediation Council accredited mediator and an arbitrator (MCIArb). She is appointed as Panel Counsel to advise the Government of the Virgin Islands.

Before becoming a barrister, Elizabeth gained over 20 years’ experience in commercial roles for one of the largest UK supermarket retailers (Sainsbury’s). She also worked for a leading international forestry and consumer products manufacturer (Essity) and a global ingredients company (Celanese). She has experience of negotiating large commercial contracts and resolving international disputes. Her experience in Fast Moving Consumer Goods (FMCG) and manufacturing sets her apart as a mediator in these types of disputes.

Elizabeth is highly approachable and gives practical and realistic advice to all her clients. She delivers training and is Direct Access qualified.

Elizabeth advises on issues commercial relating to contracts, procurement, debt, intellectual property and other commercial disputes. She has particular experience involving recovering debt and claims against public authorities. She has experience relating to interesting property, including dogs, racehorses and classic cars. Given her commercial background Elizabeth is adept at giving sound commercial advice and negotiating settlements. She has worked with the Financial Conduct Authority on a large fraud investigation.

Elizabeth specialises in claims for and against local authorities, including those involving debt, contract, procurement, housing, disrepair, ASB, caravans, property damage and personal injury. She has experience in land and real property, highways, education and enforcement. Elizabeth has in-depth experience of working in-house for a large local authority in planning and enforcement, including public health, nuisance, licensing, listed buildings, planning and environment, including prosecutions.

Elizabeth advises on issues relating to boundaries, highways, property damage (including caused by trees), housing (including ASB and disrepair), injunctions, landlord & tenant (including agricultural), nuisance and enforcement. She also acts on behalf of local authorities in matters relating to anti-social behaviour, caravans and trespassers.

Elizabeth has experience of specialist areas of planning and environment, including enforcement, listed buildings and monuments, advertising, hedgerows and pollution. She has advised in cases requiring notices, injunctions and direct action. Elizabeth also has experience in prosecuting and defending on behalf of Local Authorities. She is one of the few barristers dealing with issues relating to trees and hedges including; TPO’s, felling, conservation areas, airfields, nuisance and Anti-Social Behaviour Act orders.

Elizabeth is Chair of the Forestry Commission’s Forestry and Woodland Advisory Committee for the East of England (a Government post for three years). Her role includes adjudicating on matters relating to felling licenses and restocking notices. She is also co-chair of the Professional Complaints Panel for the Institute of Chartered Foresters.

Elizabeth specialises in legal matters relating to the law of trees, forests and hedges and is a co-author of the leading legal textbook on the subject; “The Law of Trees, Forests and Hedges”, 3rd Edition, Sweet & Maxwell, Mynors, Nicholls and Hall (2023). She advises on claims and enforcement (TPO/Conservation areas, illegal felling, nuisance, negligence, property damage (including subsidence), Anti-Social Behaviour Act orders, Enforcement Notices and other associated claims. She is a sought-after key-note speaker at industry events across the country.

She is a Trustee of the Arboricultural Association and Chair of the Forestry Commission’s Forestry and Woodland Advisory Committee for the East of England (a Government post for three years). Her role includes adjudicating on matters relating to felling licenses and restocking notices. She is also co-chair of the Professional Complaints Panel for the Institute of Chartered Foresters.

She represents clients at all levels of courts and Tribunals, including criminal prosecutions and civil claims. She is also a sought-after mediator and an arbitrator.

Elizabeth is a Civil Mediation Council accredited mediator and an arbitrator (MCIArb). She is sought after for both her advice as representing counsel or as the mediator or arbitrator in disputes. Elizabeth has a particular expertise in disputes involving local authorities and government departments. Please see her dedicated pages on Mediation and Arbitration, or contact the clerks for her relevant CV.

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