4 New Square Chambers

Fraud

Nicole Sandells specialises in unjust enrichment, civil fraud, and equitable remedies and recoveries, with an emphasis on banking, trusts, real property and mortgage litigation, within a practice that encompasses most areas of Chancery/commercial work. She represented the successful parties in the Supreme Court in Scott v Southern Pacific - the North East Property Buyers Litigation (overriding interests in a fraud context), AIB v Redler (trust accounting and quantum in breach of trust) and Swynson v Lowick Rose (unjust enrichment, subrogation and res inter alios acta). In a small sample of her Court of Appeal cases, she acted for the successful banks in NRAM v Evans (2017 – rectification for mistake and land registration), Mortgage Express v Lambert (2016 - overreaching, overriding interests and unconscionable bargains), Bank of Scotland v Joseph (2014 - subrogation, unilateral notices and priority in registered land), and Lloyds TSB v Markandan & Uddin (2012 - the application of trust law to solicitors in the context of mortgage fraud). Nicole is particularly experienced in, and successful at, applying equitable and restitutionary remedies to maximise asset recoveries. A number of her first instances cases are cited as precedent in major textbooks. She has advised in various Caribbean jurisdictions in the context of a number of high-profile failed banks and insurance companies and was called to the Bar of Antigua to represent the liquidators of Stanford International Bank before the Court of Appeal of the Eastern Caribbean Supreme Court. Nicole is at her best when dealing with complex and difficult issues of law and has been notably successful in her appellate advocacy in the Court of Appeal. Her clients include a number of major lending institutions, international banks, charities, liquidators and insurers as well as high net worth individuals.

Qualified 1994, Inner Temple; moved to 4 New Square January 2002, having practised at the Commercial Chancery Bar since 1995.

Conversational French and Spanish.

Professional Negligence Bar Association; Chancery Bar Association; Commercial Bar Association.

Gateacre Comprehensive School, Liverpool; Balliol College, Oxford (BA Law 1993, 1st class).