Nigel Cholerton

Barrister

Date of Call: 2007

What others say


His easy and confident manner helps put clients at ease.
Legal 500
We have regularly instructed Nigel on financial matters. We are always impressed by how quickly he grasps the essence of a matter and his relaxed, yet professional manner.
Emma Sanders K J Smith

Very experienced in a broad range of family law matters
Legal 500
He thinks outside the box to conceive new ideas
Legal 500
He thinks outside the box and has a real passion for the work he undertakes
Legal 500
  • Barrister profile

  • Cases of note

Nigel first qualified as a solicitor in 2004. Thereafter he gained Higher Rights of Audience in 2005 and was then called to the Bar in 2007 (Lincolns Inn). Nigel joined No18 Chambers in 2011 and is considered as a senior member in Chambers.

Nigel enjoys a busy practice in all matters concerning Family law including Matrimonial finance, public proceedings and private proceedings. In public proceedings Nigel regularly deals with complex multi-day hearings involving Non-accidental injuries where he appears on both behalf of Local Authorities, parents and Guardians at all levels. Nigel has become known for his robust approach to cases and his attention to detail.

Nigel also has a busy practice in both Matrimonial finance and cohabitation settlements involving the application of TOLATA. He regularly provides advice on settlements and regularly attends for FDR and final hearings. Some of his recent cases have involved complex finances involving multiple properties and also enforcement of declarations of trusts. Nigel also advises on interim remedies and Barder appeals.

Nigel is licensed to accept direct access instructions.

Expertise

Family: Care & Children

Contact and Residence disputes under the Children Act 1989

As a member of our Family team Nigel is regularly instructed to appear in multi-day findings of fact and final hearings.  He receives regular instructions in all aspects of matters involving children including Child Arrangement Orders, Specific Issue and Prohibited Steps Orders.

Nigel also receives instructions for emergency injunctions and contested hearings for Non-Molestation and Occupation Orders.

Nigel is more than aware of the sensitivity that can be attached to these proceedings when acting for either parent and he has significant experience in dealing with sensitive matters for both parents.


Public Law / Care and Adoption Proceedings

Nigel is an established Family Practitioner with significant experience in care proceedings appearing  for parents, guardians, Local Authorities and Interveners.

He is regularly instructed to attend emergency protection orders, interim care orders and multi-day complex findings of fact and final hearings.

Nigel frequently appears in cases involving complex facts or legal argument at all levels of court. He is often instructed in lengthy fact-finding hearings or final hearings involving;

•Infant death and non-accidental injury

•Parental murder

•Sexual abuse including multi-generational abuse and inter-sibling abuse

•Fabricated and/or induced illness

•Human Rights and incapability

•Neglect

•Drug and alcohol abuse

•Domestic violence


Family: Finance

Divorce & Separation

Nigel has a strong practice in matrimonial finance and property disputes and frequently attends all hearings during the course of proceedings including MPS applications, final hearings and enforcement at all levels.  In addition he is regularly asked to advise on complex matters of both matrimonial finance including Barder appeals.


Cohabitation including Trusts of Land & Appointment of Trustees Act 1996

Nigel has extensive experience in a variety of civil maters.  For matters involving cohabitation disputes of land Nigel is frequently instructed to provide written advice and also attend conferences on complex matters of trusts.  He has a particular interest in trusts and the law of equity and has been instructed on various complex matters.


Inheritance Act claims

Nigel’s experience has also seen him provide written advice on matters of inheritance and contested probate.  His family law and civil law experience has naturally seen such instructions.


Chancery and Commercial

Traditional Chancery


Court of Protection

The Court of Protection deals with vulnerable adults who lack capacity under the Mental Capacity Act 2005. The court is there to make decisions in respect of both welfare and financial matters where a person cannot make those decisions for themselves.  Tracey covers a broad range of areas under the Mental Capacity Act 2005, with an emphasis on health and welfare issues.  These cases often require a sensitive approach and Tracey has a wealth of experience of dealing with both the clients that lack capacity and their families.

  • Personal welfare applications, including whether it is in the person’s best interests to live in a family home or residential care or other care setting, disputes over arrangements for contact with family members, decisions on complex/interventionist care packages involving deprivation or restriction of liberty
  • Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS)
  • Emergency applications, e.g. the transfer of a person lacking capacity to a new care setting, requiring a transfer plan with potential deprivation of liberty, requiring advance authorisation by the court
  • Contested applications for the appointment of deputies (welfare/financial affairs), and other property and affairs applications
  • Proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989 including applications for placement in secure settings.

No 18 Resolution

Remote: Private Dispute Resolution (Children Disputes)


Private FDR/Early Neutral Evaluation


Merits, Advice, Drafting And Support Package:


Qualifications

  • Derby University (BA (Hons)
  • Nottingham Trent University PGDL
  • Nottingham Trent University LPC

Membership

  • Western Circuit

Personal Info

Outside of work Nigel is a classically trained pianist, enjoys chess and spending time with his family.