the website of

Nik Nicol, barrister

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NIK’s LEGAL CAREER

About Nik Nicol

MEMBERSHIPS

Administrative Law Bar Association
Housing Law Practitioners Association (member of Executive 1994-2003)
Justice
Lawyers for
Liberty
Legal Action Group
National Right to Fuel Campaign

Called to the Bar at the Inner Temple in November 1986. Now practising from 1 Pump Court. Also known as Nicholas Nicol.

CEDR Accredited Mediator from 23 May 2002.

Rent Assessment Panel Chairman (part-time) 1999-date – The Panel provides members for Leasehold Valuation Tribunals, Rent Assessment Committees and Residential Property Tribunals, the administration for which is provided by the Residential Property Tribunal Service.

Public Law Project Director of Policy & Research 1997

Southwark Law Centre Legal caseworker 1988-91. SLC has recently been commended by the Court of Appeal:-
“... all the members of this court would wish to express their appreciation of the skilful professional service which Ms Faarah has had from the Southwark Law Centre. As the history set out by Lord Justice Toulson shows, the law centre, by careful and well-informed correspondence, was able to locate and challenge the precise error of public administration which this appeal has confirmed. It is of importance to the administration of justice, as well as to many individuals, that there should continue to be law centres like Southwark’s which are able to offer professional help of high calibre to the neediest people.”
Sedley LJ in
R (Faarah) v LB Southwark [2008] EWCA Civ 807 at para 54

Books & Articles

Books

Fuel Rights Handbook 8th-10th editions (co-author, Antoinette Hoffland), 11th edition (co-author, Catherine Bartholemew) CPAG

Halsbury's Laws Vol.19(1) section on Gas, LexisNexis Butterworths

Economic, Social and Cultural Rights: Their Implementation in UK Law, Chap 6, University of Nottingham Human Rights Law Centre

Medical Mishaps: Pieces of the Puzzle, Chap 21, Open University Press

Articles

Defining Vulnerability [2007] JHL 76

Suitability & the Housing Act 2004 (2007) 25 Home Truths HLPA newsletter 3

Getting past the Gatekeeper [2007] JHL 40

See you out of court! (2004) Roof May/June 2004 p.30

Applying the Right to Housing [2002] JHL 11

The Other Human Rights [2001] Human Rights 156

Forgive us our Tolerated Trespasser [2000] JHL 69

The Tolerated Trespasser [1999] JHL 11

A new action plan to ease fuel poverty? Poverty, Autumn 1999 p.12

A Right to Housing Legal Action Jul 1998 p8

Landlords' Obligations To Make Fit For Habitation: Is McNerny Wrong? [1998] JHL 103

Litigating in the public interest (with Jean Gould) Consumer Policy Review, Sep/Oct 1998 p.185

Poor justice? Consumer Policy Review, Jul/Aug 1998 p.122

Overpowering Energy Suppliers Consumer Policy Review, Mar/April 1996 p.60

VAT on Gas and Electricity Utilities Law Review, Summer 1993 p.66

Public Utilities and Liability to Pay for Services Legal Action, March 1993 p.19

The Utilities and their  Regulatory Bodies Legal Action, Dec 1992 p.17

European law versus English law Legal Action, July 1991 p.17

Reported Cases

Holmes-Moorhouse -v- LB Richmond [2009] UKHL 7 – see briefing available on Housing page. The Court of Appeal decision was reported at [2008] 1 WLR 1289; [2008] HLR 19.

LB Islington -v- Uckac [2006] 1 WLR 1303 (CA) – the Housing Act 1985 provides a complete code for the termination of a tenancy so the common law remedy of rescission is not available.

Muscat -v- Smith [2003] 1 WLR 2853 (CA) – following the transfer of a landlord's interest to a new landlord, if the new landlord sues the tenant for rent arrears which arose under the old landlord, the tenant may set off against the claim any counterclaim they had against the old landlord, for example for  damages for breach of covenant to repair

R -v- Social Security Commissioner ex p Chamberlain (2000) The Times 1 Aug 2000 – Commissioner erred in  law in failing to grant leave to appeal against a decision upholding termination of Incapacity Benefit

Southwark LBC -v- Logan (1995) 29 HLR 40; (1996) 8 Admin LR 315 (CA) – squatter had not acquired tenancy by estoppel or any other means

Gwenter -v- Eastern Group plc (1995) Legal Action Aug 1995 p.19 (CA) – interim injunction correctly issued to oblige supplier to reconnect the electricity supply of a customer accused of tampering with her meter

Faulkner -v- Yorkshire Electricity plc (1994) Legal Action Feb 1995 p.23 – widow not liable for the electricity arrears of her late husband

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