Nichola Fosler > Stewarts Law LLP > London, England > Lawyer Profile

Nichola Fosler

Work Department

Personal Injury

Position

Partner in the Personal Injury department.

Nichola acts in complex and high-value catastrophic personal injury claims and for clients who are pursuing professional negligence against their former solicitors in relation to mishandling of personal injury claims. In the last ten years, Nichola has secured over £100m for her clients.

Nichola specialises in compensation claims for adults and children who have suffered catastrophic injury including spinal cord injury, brain injury and amputation claims. She also pursues professional negligence claims for those who have not been well served by their solicitors.

Nichola assists her clients with accessing the specialised medical and rehabilitative support they need to lead, so far as possible, fully independent lives. Nichola adopts a holistic approach. Whilst her primary concern is to ensure that clients are funded for their immediate and future needs, she always considers the wider financial, emotive and other support that clients and their families require.

Nichola consistently achieves excellent financial settlement awards, securing financial stability for her clients when they need it most. In the last ten years, Nichola has secured over £100m for her clients.

Nichola is currently acting for a double amputee who was struck by a car whilst assisting a friend to change his tyre, and a young lady who sustained a spinal cord injury following a car accident in which she was a passenger.

Recent settlements include:

Burns and Amputation

In Chisholm v D and R Hankins – Approved judgment, Nichola won the right to damages for a lorry driver following an accident at work which left him with severe burns and a below the knee amputation. Read the case study here – Lorry driver wins right to damages following accident at work which left him with severe injuries.

Spinal cord injury

The client, who was 28 at the time of the accident, sustained a spinal cord injury resulting in tetraplegia when he fell through an unsecured window during the course of his employment. The claim was settled for a lump sum of £6m and variable periodical payments of £170,000 per year rising to £210,000 per year from the age of 50. The claim was settled on a provisional damages basis in respect of the risk of syringomyelia. Interim payments totalling £1.175m were secured during the claim.

Brain injury

The client, who was 23 when his claim settled, suffered a brain injury in a collision with another vehicle. Expert evidence concluded that he was travelling in excess of the speed limit. Liability was resolved with a 10% deduction for contributory negligence. The claim settled for £1.4m plus annual periodical payments for care and case management of £25,000 per year for the remainder of his life. There was disputed evidence as to whether the client lacked mental capacity to manage his financial affairs. The settlement included provision for future Court of Protection professional fees/professional trustee costs.

Professional negligence

The client suffered a brain injury when she was knocked down by a car whilst crossing a road. Her former solicitors handled her claim negligently, resulting in her claim being struck out of court. Nichola took on the case as a professional negligence claim against the former solicitors, which settled for £325,000.

Career

Nichola qualified as a solicitor in 1996 having read for a degree in Law at UEA Norwich. She attended the University of Law, Guildford for the Legal Practice Course. Nichola joined Stewarts in September 2009 and was promoted to partner in May 2014. Nichola’s previous positions included associate in the catastrophic injury department at Shoosmiths and head of personal injury at Underwoods.

Memberships

Nichola is a member of the following organisations:

• Limbless Association
• Hampshire Law Society
• Spinal Injuries Association
• Former Trustee for Headway Basingstoke

She holds the following accreditations

• APIL – accredited Senior Litigator, Spinal Cord Injury Specialist and Brain Injury Specialist
• Law Society Personal Injury panel
• ISPO (International society for prosthetics and orthotics)

Education

Ashford High School and Spelthorne College; University of East Anglia, Norwich (1993 Law LLB honours 2(1)); College of Law, Guildford (1994 LPC).

Leisure

Nichola enjoys cooking and is a self-confessed bookworm. She also enjoys watching films, countryside walks, skiing and horse riding.