Nicholas Hinchliffe KC

Insurance Fraud

Nick has acted for insurers with great success in civil fraud claims over a number of years. He is particularly adept at analysing evidence and identifying weaknesses in false claims. He brings to cases a strong Court performance and Solicitors have frequently been impressed by his forensic skills and determined cross-examination.

In addition he has advised insurers in respect of recoverability of costs and damages paid under the Road Traffic Act provisions.

Recent cases

G v MW Anglia Foundation Trust [2022]
Four day trial on liability and quantum. C seeking £1 million damages. Court found C to be fundamentally dishonest. Claim was dismissed with indemnity costs.

C v. AXA Insurance [2002]
C claimed substantial damages arising from an RTA. Court finds fundamental dishonesty. Claim dismissed with indemnity costs.

H v. Others v. AXA Insurance [2023]
Fraud ring claim by four Claimants. Court finds fundamental dishonesty against all. Claims dismissed with indemnity costs.

Dr A v AXA Insurance [2022]
C and others claimed damages arising from RTA. D’s case was staged accident and phantom passenger. C was qualified medical practitioner. The claim found to be fundamentally dishonest. Claim dismissed with indemnity costs.

Personal Injury

Nick’s caseload compromises complex and high value personal injury litigation and is regularly instructed on spinal cord injuries at all levels, serious brain injuries and where the issue of capacity is borderline. Complicated Fatal Accident Act claims with multiple dependants and serious limb injuries including amputation cases at all levels. In addition, he has undertaken several cases involving chronic fatigue and fibromyalgia.

On a personal note, Nick is a below-knee amputee for 10 years. He spent 2 years of practice in a wheelchair until revisional surgery allowed him to use a prosthetic leg. As such he has personal experience of issues arising in such cases. He regularly advises in amputation claims. His recent instructions to advise in such cases resulted in early settlement of two claims which settled for £1.5 million and £900,000 respectively.

Nick Hinchliffe joined Chambers in 1980 and developed a widely based practice in his early years involving crime, employment and personal injury work. Within 10 years he continues to undertake some Employment work but began to specialise in personal injury work.

He took silk in 1999 and has continued to specialise in this field although his advocacy skills have also been in demand in other areas from time to time.

Recent cases

• Catastrophic head, spine and limb injuries. He undertakes many high value cases of acquired brain injury for adults and children, achieving substantial 7 figure settlements.
• Particular interest in complex regional pain syndrome and chronic pain cases. He has represented Claimants with amputations following CRPS.
• A below-knee amputee himself he has extensive knowledge and experience of cases involving loss of use and loss of limbs. Sympathetic to the needs and problems associated with such conditions.
• He continues to undertake occupational disease claims and has recently conducted cases involving asbestos, isocyanate, latex, glutaraldehyde and wood dust exposure.
• Current workload includes cases of exposure to chemicals causing respiratory difficulty and exposure to carbon monoxide from defective boilers causing severe cognitive deficit

Industrial Disease

He has wide experience representing Claimants in industrial disease claims. Recently instructed in multi-Claimant cases of noise induced hearing loss and hand/arm vibration syndrome when he led in a successful week-long trial. He has wide experience of occupational asthma claims from a variety of causes. These include Isocyanate exposure, Silicosis and claims arising from latex allergy. He acts for Claimants in work related stress claims and obtained settlement in five recent claims.

He has represented many Claimants and Defendants in asbestos related claims including claims for Mesothelioma and Asbestosis. Having represented living Mesothelioma victims, he is experienced in lost years claims.

Civil fraud

Nick has over the last 10 years developed a highly successful practice in civil fraud claims. He has been instructed by many of the Leading Solicitors in this field and acts for a number of high-profile Insurers. He is regularly instructed to advise and draft defences and Part 35 Questions with a view to early discontinuance. He has been instructed on behalf of the NHSLA in several recent cases, all of which were won and was successful in obtaining a finding of fundamental dishonesty in a claim for £1million against an NHS Hospital trust. Detailed and meticulous preparation is the key to unravelling fraud claims which is work he particularly enjoys and for which he is well suited. In addition to representing Insurers in respect of cases where fundamental dishonesty issues arise, he has also represented Claimants where such allegations have been made. In a recent case shortly before trial the Insurer offered £180,000 in settlement having previously demanded the Claimant pay them.

He was appointed as Recorder in 1999 and sits regularly in civil cases. He finds this helps in his evaluation of work at the Bar. He can see the strength and weaknesses in claims when advising both Claimant and Defendant.

Recent cases

C v Pearl Care Wellness [2023]
Represented Claimant who fell down lift shaft at work. Early JSM before D obtained medical evidence. Claim settled for £900,00.

M v Sherwood Forest NHS [2023]
Represented Claimant in a bullying/stress at work claim. Case settled for £180,000 one day after Trial Skeleton Argument disclosed to the Defendant.

Appointments

King’s Counsel (1999)

Recorder

Associations

Personal Injury Bar Association

Education

LLB (Hons), Manchester University

Prescribed Information

Mr Nicholas Hinchliffe K.C is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Mr Nicholas Hinchliffe K.C can be found here.

Mr Nicholas Hinchliffe K.C’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Mr Nicholas Hinchliffe K.C to undertake any Court or Mediation services and advisory work for a brief fee plus refresher days For any advisory work including paperwork and conferences it is most commonly charged at an hourly rate although fixed fees are available. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Mr Nicholas Hinchliffe K.C will typically return paperwork within 14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.