Nicola Diggle Senior Associate
“Nicola Diggle is a senior associate who handles commercial and contractual litigation, with particular experience assisting with breach of directors' duties and shareholder agreements.”
Nicola is a Senior Associate in our Litigation and Dispute Resolution Division specialising in commercial litigation and dispute resolution. She has a great deal of experience acting for individuals and corporates based in the Thames Valley, London, United Kingdom and abroad across a range of sectors.
Main areas of practice
Nicola is highly recommended as a commercial lawyer with specialist expertise in:
- Commercial contract claims
- IT and Software disputes
- Director and shareholder disputes
- Warranty claims
- Enforcing employee restrictive covenants
- Appeals to the Privy Council
- Commercial mediation
- Successfully obtaining an award in a $40 million international arbitration
- Acting for the claimant in a £12 million warranty claim in the Commercial Court
- Acting for two shareholders in an international shareholder dispute in the technology sector
- Acting a nationwide property developer in a £5 million dispute in the High Court
- Acting for a seller of an investment management business in a variety of post-sale disputes
- Acting for an international distribution and logistics business in a variety of commercial contract disputes
- Acting for a minority shareholder in bringing a successful claim for unfair prejudice for wrongful exclusion from management (using third party litigation funding)
- Obtaining an injunction in the Commercial Court for a software supplier to prevent a departing senior employee from breaching restrictive covenants
- Acting for a Mauritian bank in defending an appeal to the Privy Council
- Acting for a shareholder and director of a retail sector company in defending unfair prejudice proceedings in the Companies Court
- Acting for a software supplier in a dispute regarding a public sector outsourcing contract
Nicola qualified and previously practiced at Herbert Smith in their international litigation team. Nicola has done secondments to the Herbert Smith Paris office and an international technology company's in-house legal team.
Nicola joined Blake Morgan in 2006.
She is a Solicitor Advocate with Higher Rights of Audience and has appeared in the High Court for clients.
She is also an ADR Group Accredited Mediator. As well as acting as advisor and advocate for clients in disputes and mediations, Nicola also practices as a mediator in commercial mediations.
Nicola is part of the cross-office team which organises our In-house Lawyer Forums.
- Solicitor Advocate
- ADR Group Accredited Mediator
“She focuses on the things that really matter.”
When a director/shareholder's exclusion from management is NOT unfair prejudice: Recent High Court Judgment in Cool Seas (Seafoods) Limited v Interfish Limited & Ors  EWHC 2038 (Ch).
Removing senior directors goes against the grain in business. Extracting the leader certainly deviates from the norm but can be performed as and when necessary.
Privilege preserved for litigation funding agreements: Edwardian Group Ltd and another v Singh and others 
In Edwardian Group Ltd, the Court refused a claimant the right to get disclosure of the litigation funding documents.
Articles by Nicola
Litigation can be very expensive and the English courts have embraced 'no win no fee' which provides access to justice for those who cannot fund litigation. Our expert Nicola Diggle explains how Litigation funding is now mainstream in the UK.
In November 2016, the JCPC in London heard its first ever video-link case. The case ‘Cono Cono and Co Ltd (Appellant) v Veerasamy and others (Respondents)’
The jurisdiction of the Privy Council originated at the Norman conquest with the premise that, “The King is the fountain of all justice throughout his Dominions, and exercises jurisdiction in his Council, which act in an advisory capacity to the Crown.”
Related Knowledge & Resources
New Corporate Governance rules from January this year affect not just quoted companies, but companies with more than 250 employees, with an increased requirement for directors to report on on a variety of matters.
Duty of full and frank disclosure: Wild Brain Family International Ltd v (1) Robson & (2) Chubb  EWHC 3163 (Ch)
In court proceedings injunctive relief may be granted to the claimant after successfully asserting a without notice application in circumstances where, for example, there is a case of extreme urgency or if there is a need for secrecy.
Merits of the underlying claim relevant in granting an interim injunction to enforce a restrictive covenant: Berry Recruitment Limited v Brooke Donovan
In this particular employment court case, the court had to rule on an interim injunction against a former employee for a possible breach of restrictive covenant. We explore in more detail.
Do you have conflict in the workplace that takes up your valuable time and has a damaging effect on team performance?
Nationwide (England) from 1 February 2016
Commercial Law Briefing: Getting the Boilerplate Right - An A to Z of Commercial Contract "Boilerplate" clauses and some lessons from recent cases.