Nicola Frost

Year of Call: 2009
Email Address: nicola.frost@3pb.co.uk
Secure Email: nicola.frost@3paper.cjsm.net
Telephone: 0117 928 1520

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Overview

Nicola Frost is meticulous in her preparation of cases and gives realistic advice, whilst remaining tenacious in her role at court. She is committed to achieving the best results for her clients and uses her strong negotiation skills to facilitate settlement, wherever possible. Where a consensus cannot be achieved, Nicola obtains clear and practical directions to ensure cases remain on track.

Clients appreciate her amiable but also pragmatic approach to issues.

Expertise

  • Family
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    Nicola has a thriving family law practice and covers all areas, with a focus on finance and private
    law matters.

    Finance/Property
    Nicola undertakes work in all aspects of financial remedy. She is regularly instructed in matters of
    matrimonial breakdown, separation following cohabitation and also applications involving child
    maintenance (both under Schedule 1 to the Children Act and under the Matrimonial Causes Act).

    Within financial remedy, Nicola has particular experience of:

    • Insolvency
    • Dissipation of assets
    • Cohabitation agreements
    • Schedule 1 to the Children Act
    • Enforcement applications
    • TOLATA claims
    • Cohabitation and conversion / delivery up
    • Consent orders (enforceability, challenge, Barder events)
    • Maintenance pending suit
    • Transfers of foreign property, ensuring the enforceability of orders
    • Annulment proceedings
    • Business assets
    • Transactions at an undervalue (both covered by the MCA and otherwise)
    • Conduct
    • Pensions (including Forces pensions)
    • Disabled adult ‘child’ dependants
    • Freezing injunctions
    • Spousal maintenance
    • Farming cases
    • Declarations of trust.

    Private Law
    Nicola has an extensive private law practice and covers the spectrum of child law matters. She is
    particularly experienced in matters of relationship breakdowns involving intractable contact
    disputes. Nicola has a special interest in surrogacy cases and has acted and advised in this niche,
    developing area of private law.

    Nicola has acted in cases involving allegations of domestic and sexual abuse, psychiatric disorders
    and issues of alcoholism and drug misuse; she deals with complex medical evidence and has
    conducted lengthy fact finding hearings.

    In addition to general private law practice (child arrangements, specific issue and prohibited steps
    orders), Nicola has acted in the following types of private law cases:

    • Surrogacy
    • Private adoption
    • Removal from the jurisdiction (including Hague Convention)
    • Internal relocation cases
    • Declarations of parentage
    • Non-molestation / occupation proceedings
    • DNA cases.

    Public Interest Immunity / Disclosure
    Nicola has specialist expertise in matters of public interest immunity, confidentiality and disclosure.

    She is regularly instructed by local authorities in matters where public interest immunity may arise.

    She often reviews social services' files and CPS requests for disclosure. She advises upon all
    aspects of PII, including compliance with the Disclosure Protocol, interaction with other agencies
    and balancing competing public interests. Nicola has experience of dealing with complex medical
    evidence and is also willing to review health departments’ records. Nicola represents clients at
    public interest immunity hearings, as required.

    Public Law
    Nicola has acted in cases involving physical and sexual abuse, neglect, drug and/or alcohol
    misuse, issues of mental health and/or limited capacity, non-accidental injuries and fabricated or
    induced illness (FII). She has a wealth of experience representing all parties and at all stages of
    proceedings.

    Court of Protection
    Nicola is fully qualified to undertake Court of Protection cases and is developing a practice in this
    area.

    Notable cases:

    Finance

    • Re A (a child) (Schedule 1, CA / Insolvency Act) – Acted for Mother in a case involving applications under Schedule 1 to the Children Act and the Insolvency Act 1986.  The Father had failed to comply with several consent orders.  He was also involved in significant dissipation of assets by making transactions at an undervalue to his wife and, as the MCA could not apply, the Insolvency Act was used to attack the validity of these transactions.
    • Re C (MCA) - Acted for Wife where Husband had been involved in significant dissipation of assets, very limited and/or selective disclosure and blatant disregard for court orders.

    Private law

    • Re N (a child) – Acted for a Father in private law proceedings where the Cafcass Officer stated there should be no order for contact based on old allegations of violence.  The Father now has increasing and substantial contact.
    • Re B (a child) – Acted for Father in a case where Mother had fled the family home with the child to another part of the country, citing allegations of domestic violence.  The case was subject to a lengthy fact finding hearing where none of the allegations were proved and at final hearing a change of residence was ordered due to there being a greater risk of emotional harm to the child if the child were to remain with the Mother.
    • Re S – Acted for an adult son who sought a declaration of parentage.  He was the youngest of eight children from the same couple who had both been married before.  Due to the stigma of divorce in the 1930s, his birth had been incorrectly registered with his parents being named as his biological father and his Father’s former wife, rather than his biological mother.  The son wanted to correct the position; however, given that his parents were deceased it was not straightforward and DNA evidence from his surviving siblings was required.
    • Re M (a child) – Acted for new parents in a surrogacy case, obtaining a parental order.
    • Re V (a child) – Advised in a sensitive DNA case where a non-biological ‘father’ applied for a contact order.

    Public law

    • Re A (a child) – Acting for a Local Authority; led in a case involving allegations of fabricated or induced illness (FII).  Significant and complex medical evidence involved and a 16-day fact finding hearing.
    • Re C (children) – Acted for Mother in lengthy neglect proceedings involving seven children.

     

    Insolvency law
    Nicola is developing a busy practice in insolvency law, acting for trustees, creditors and debtors in respect of both personal and corporate insolvency in a wide range of matters; from bankruptcy petitions, statutory demands and IVAs to CVAs, administrations and liquidations.

    Nicola has a special interest in cases which involve allegations of transaction avoidance, including transactions generally intended to defraud creditors (section 423 applications).

    With substantial experience in family law, Nicola has a particular niche in cases involving matrimonial finance.  Nicola offers specialist expertise on the often-competing interests of creditors, divorcing parties and dependants.  She often lectures on the issues surrounding the crossover between insolvency and matrimonial finance fields.

    Nicola has particular experience of:

    • Bankruptcy
    • Transactions at an undervalue
    • Preferences
    • Transactions intended to defraud creditors (s 423, Insolvency Act applications)
    • Freezing injunctions
    • Tomlin orders
    • Statutory demands.

    Notable cases

    • Re A (a child) – used section 423 of the Insolvency Act to attack the validity of dispositions which amounted to a transactions at an undervalue in the context of a child maintenance case.
    • Re N – Advice upon setting aside a judgment, entered on a Tomlin Order which had been made ex parte.  The creditor had previously prepared a statutory demand on the basis of the Tomlin Order itself and, owing to the existence of the later order, the statutory demand was set aside; the client wished to avoid the risk posed by service of a further statutory demand.
    • Re M – acted for a discharged bankrupt husband in matrimonial finance proceedings where the FMH remained vested in the trustee in bankruptcy.  Advising on and drafting the consent order to ensure that the order was not made ultra vires.

    Publications

    • 13th Feb 2017

      3PB Family Barrister Nicola Frost provides an insightful summary of Re: MM (A patient) [2017] EWCA Civ 34, an appeal from the Court of Protection in which the appellant had been ordered to facilitate MM's return to this jurisdiction, the court having found (on a number of occasions) it to be in MM's best welfare interests to be cared for in the south west of England.

      The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.

      View Publication
    • 23rd Jan 2017

      3PB Family Barrister Nicola Frost provides an insightful summary of AB (Surrogacy: Domicile) [2016] EWFC 63, an application for parental orders in relation to two children in which the court had to determine whether at least one of the applicants could be said to be 'domiciled' in the jurisdiction at the time of the application and at the time of making the order, as required by section 54(4)(b) of the Human Fertilisation and Embryology Act 2008.

      View Publication
  • Mediation
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    Nicola is an Accredited Mediator – Civil & Commercial Mediation (Bristol ADR Group).

Academic qualifications

  • LL.B (Hons) (First Class) – Bristol Law School, UWE Bristol
  • BVC (Very Competent) - Bristol Institute of Legal Practice, UWE Bristol

Scholarships

  • Inner Temple Exhibition and Duke of Edinburgh Scholar
  • Inner Temple Keble Advanced International Advocacy Scholar

Professional qualifications & appointments

  • Accredited Mediator – Civil & Commercial Mediation (Bristol ADR Group)

Professional bodies

  • Family Law Bar Association
  • Bar Pro Bono Unit
  • Inner Temple
  • Insolvency Practitioners Association
  • Western Circuit
  • R3 Association of Business Recovery Professionals

Direct Access

Nicola Frost is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

More Information

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