Nicholas
Kennan
Barrister | Called 2015 |
Public Access Accredited
Background
Nicholas served as a logistics officer in the Royal Navy before qualifying as a solicitor and later transferring to the Bar.
As a solicitor, Nicholas obtained his Higher Rights of Audience (All Proceedings) qualification although he primarily worked in the areas in which he currently practises. Nicholas dealt with high value personal injury claims, represented one of the families at the nationally reported five-week Orchid View Inquest and obtained interim relief in a whistleblowing claim.
Nicholas now advises and represents claimants and defendants in personal injury and clinical negligence claims; claimants and respondents in the employment tribunal; and professionals in disciplinary tribunal proceedings.
Nicholas is also a school governor.
Education
- University of Wales Aberystwyth
- Utrecht University
Nicholas‘ expertise
Civil
- Commercial Law
- Contract Disputes
- Criminal Injuries Compensation Claims
- Employment and Discrimination
- Inquests
- Intellectual Property
- Landlord and Tenant
- Personal Injury
- Professional Regulation
Nicholas has advised and represented clients in a broad range of civil law matters including landlord and tenant disputes, breach of contract claims and personal injury claims. With an interest in criminal injuries compensation claims, Nicholas’ most successful appeal to date resulted in an award of £¼ million.
With experience in inquests, Nicholas represented one of the families in the nationally reported Orchid View inquest in 2013 (see here).
Nicholas has experience of copyright claims and using media law as a means of protecting the reputation of clients. He has secured public apologies from broadcasters and had websites removed by consent within 48 hours of instruction.
Conditional fee agreements may be considered in appropriate cases, and where the instructing solicitor has entered or is willing to enter into a similar arrangement.
Personal Injury & Clinical Negligence
About 50% of Nicholas’ practice is personal injury and clinical negligence. Nicholas aims to turnaround paperwork promptly and believes that communication with solicitors is key to securing the best outcome for the client.
Nicholas is regularly instructed on fast track and multi-track claims, and he will consider entering into conditional fee arrangements where appropriate.
Employment & Professional Regulation
Nicholas represents both claimants and respondents in the employment tribunal, as well as drafting pleadings and advising on the merits of any claim. He adopts a pragmatic and commercial view to employment litigation, given that the recovery of costs is the exception rather than the rule, and is a contributor to Daniel Barnett’s case summaries. Nicholas also regularly gives presentations about employment law to members of Shropshire CIPD.
In matters of professional regulation it is Nicholas’ approach to ensure that there is minimal disruption to the registrant’s career. He has extensive experience of representing teachers before the TRA; he has also appeared before the MPTS, NMC, HCPC and GOsC, as well as representing a junior doctor in an internal disciplinary hearing where there is a contractual right to representation.
Notable Cases
Personal Injury & Clinical Negligence
Sangar v Weir Waste Services Ltd, Birmingham CC (2020) – C was entitled to escape the fixed costs regime pursuant to CPR 45.29J where D had accepted a Part 36 offer late having failed to properly consider the changing merits of the defence. D refused permission to appeal by the Cost DJ and a Circuit Judge. Instructed by Sydney Mitchell LLP.
KP v X NHS Trust – Acting for C who sustained avulsion injury and nerve damage following substandard phlebectomy (varicose vein) operation. Six figure settlement.
LH v DS & KIL – Acting for D2 in a multi-track personal injury claim brought pursuant to s4 of the Defective Premises Act 1972. Whilst there was breach of the repairing obligation this was not causative of the injury. Claim dismissed.
AC v CF (2021) – Acting for C following a serious RTA where loss of earnings was a difficult evidential issue and there was high likelihood of a Blamire award. Six figure settlement.
BS v MiB (2024) – Acting for C who made a claim pursuant to the Untraced Drivers Agreement following a ‘hit-and-run’ incident. Serious injuries that would require further surgery and impact on employment. Settlement in excess of £¾ million. Instructed by David Lydon of MFG Solicitors.
KH v MoD (2024) – Acting for an officer injured on duty. Complex issues of lost opportunity because C was no longer eligible for promotion. Six figure settlement. Instructed by David Lydon of MFG Solicitors.
Employment & Professional Regulation
LC v ADNC – Acting for C in successful claims for automatic unfair dismissal and wrongful dismissal. Costs against R award by the EJ at the conclusion of the trial.
RT v NHH (2021) – Acting for R in a multi-day trial for claims discrimination and dismissal. C made an offer at about one-eighth of his pleaded losses after cross-examination on day one, which was accepted on a commercial basis
GOsC v SF (2021) – Appointed by GOsC to cross-examine a complainant in a sexual misconduct case where the registrant was acting in person. The most serious allegations found not proven and a supervision order imposed.
TRA v AO (2022) – Acted for a teacher accused of manhandling a special needs pupil. All allegations found not proven.
TRA v PM (2022) – Acted for a teacher accused of sexual activity with a pupil five years previously. All allegations found not proven save for one minor unrelated issue from which no findings followed.
HH v MH School (2024) – Acted for the successful teacher in a five day unfair dismissal claim. Instructed by David Rommer of the NEU.
TRA v EO (2025) – Acted for a teacher accused of sexually assaulting a teaching assistant both in school and outside. All allegations found not proven.
TRA v KH (2025) – Acted for a teacher accused of sexually assaulting his former partner’s daughter. All allegations found not proven. Instructed by Andrew Campbell of Thompsons Solicitors.
Testimonials
“The outcome was very good indeed given the circumstances of our clients case, and both my clients and I were impressed with Nick’s conduct of the case and grasp of the details.”
“Nicholas was well prepared, knowledgeable and highly competent throughout the process. He was an excellent appointment and an ideal representative for me on the day of the hearing”
Professional Memberships
Employment Lawyers Association