Our mediators are amongst the most experienced commercial mediators in Europe. They are all full time mediators, mediating a wide range of disputes between parties from all walks of life and from all over the world, including individuals, companies both private and public, national governments, public bodies/authorities and group actions.
Our mediations cover a broad cross-section of commercial disputes, ranging in value from tens of thousands pounds to multi-billion pounds in value, and including almost every sector of business and law.
Please see below a list of practice areas with some examples of cases mediated in each. This list is by no means exhaustive but simply provides a small overview so please do contact us if you have a question about something you cannot see below.
BANKING / FINANCE
Numerous banking and financial claims in all areas. A few selected examples include:
- Brokers – claim by bank against mortgage broker/facilitation company regarding mortgages issued on a number of properties
- Commissions – dispute between FX trading firms as to entitlement to commissions
- Currency fluctuation – loss incurred due to extreme fluctuation in £ against $ under an oil contract
- Derivative products – claims re advice to enter into swaps and interest rate collars, including issues of adequacy of warning on risk of exit costs and changing interest rates
- Factoring – dispute over obligations under Factoring Agreement and personal guarantees
- Interest rate swaps – claim against a Bank involving interest rate swaps, breach of duty and a whistle blower
- Investment suitability – including issues spanning deferred tax liability, redemption penalties and investment management charges and commissions
- Loan defaults – claims by banks for non-payment of loans (secured by charges on properties)
- Mortgage mis-selling – claims by property owners (both private and commercial) against banks and brokers
- Mis-selling of complex financial instruments – claims by investors (both private and corporate) against investment banks, involving issues around investor sophistication, discretionary mandates, investment objectives and the composition of the underlying assets of bonds
- Partnership agreement – dispute between partners in financial services business re terms in a partnership agreement and alleged accounting irregularities
- Personal guarantee – claim by bank under personal guarantee including defence of non est factum and undue influence
- Private equity – dispute re whether sums advanced by private equity firm constituted loans or investments
- Regulatory – civil claim following FSA final notice against senior individuals of financial institution finding breach of Statement of Principle 1
- Termination fees – dispute over termination fee payable by investment bank
- Trust/fraud – creation of constructive trust for monies paid to fraudster, including defence by bank of duty of confidentiality
- Valuation advice – claims by banks and investors concerning alleged negligent valuation advice
COMMERCIAL CONTRACTS
Numerous commercial contract claims in all areas. A few selected examples include:
- Acquisitions – commercial contract dispute between two nation-wide engineering companies, re the purchase of a subsidiary
- Bonus – departing directors and acquiring company about permissible deductions in their bonus calculations
- Breach of contract – large publishing firm and author over alleged breach of publishing agreement
- Breach of contract – relating to installation of air filters in industrial plants
- Breach of contract/rectification – operation of concession stands within charity shops
- Breach of contract claim – unpaid invoices for operation of credit card business (with issues of offset, exclusion clauses and mitigation)
- Breach of warranties – on sale of a travel agency
- Breach of warranties – under sale of business agreement relating to residential care home
- Contractor – Government department dispute with outsource contractor
- Commercial Agents – claims for breach of contract and for compensation under the Commercial Agents’ Regulations between drinks manufacturer and promotion agency
- Commercial Agents – claim by multiple commercial agents in motorcycle parts market for compensation under agency regulations
- Commercial loan – recoverability of £4m+ loan
- Commodities – China rice shipment problems
- Company – dispute as to ownership of company and related assets including proper valuation method of company
- Compensation – Multi-party compensation claim arising out of cartel finding against various feed producers
- Distribution – dispute between a household name food producer and a distributor
- Joint venture – claim for loss of profit from joint venture agreement relating to exploitation of a number of advertising locations
- Joint venture – the collapse of a property joint venture
- Leasing – dispute between aircraft lessor and lessee broker
- Marine – rejection of luxury yacht
- Misrepresentation – supplier dispute concerning alleged misrepresentations in securing contract to render professional services
- Misrepresentation – charity contracted for photocopiers in 60 offices and claimed fraudulent misrepresentation/mistake as to length of contract term
- Misrepresentation – supplier dispute concerning alleged misrepresentations as to ongoing business relationship resulting in significant investment in specific plant by supplier
- Pharmaceuticals – $1.25billion pharmaceutical claim
- Property – dispute over property development rights
- Repudiatory breach – dispute between contracting parties in technology sector
- Sale or return – claim against store chain re electronic computer games
- Telecoms – disputes between telecoms companies
COMMERCIAL FRAUD / FRAUD
Numerous commercial fraud claims in all areas. A few selected examples include:
- Asset tracing – multi-national asset-tracing claims
- Banking – £60million international banking fraud claim (4 party)
- Commodity broking (co-mediation)
- International – US$53million international fraud claim
- Lease – dispute over disadvantageous terms in a lease caused by a £46m fraud. SFO involvement
- Metal refining – claim in excess of $500m – seven parties
- Multi party – commercial fraud case
- Offshore insurance – 20 party dispute involving £60m-£80m, fraud, offshore insurance arrangements and complex financial transactions
- UK fraud – numerous multi-party and two-party UK fraud claims ranging in size from modest value domestic to high value corporate
COMPANY SHAREHOLDERS
Numerous company shareholder claims in all areas. A few selected examples include:
- Breach of acquisition warranty claims – numerous including those involving listed companies, UK, French, Canadian, and others, two- and multi-party, ranging up to £32million in value
- Equity stake – credit-trading disputed equity stake claim
- Family business – numerous break-ups of family businesses
- Shareholders actions (both two party and multi-party) – numerous including issues of share valuations, share option agreements, minority shareholder (S. 459) actions, “misleading prospectus” claims
- Take-over – disputed shareholder rights following take-over
COMPETITION
- Disputes between supermarkets and manufacturers regarding competition between “own brand” and other branded products
- Disputes regarding the distribution of certain products throughout the EU
- Alleged breaches of Article 85 and 86, and 101-2 Treaty on the Functioning of the European Union
- Disputes concerning challenges to competitive tender processes
- Multi-million pound, multi-party mediation arising out of competition ruling about animal food additives
CONSTRUCTION AND ENGINEERING
Numerous construction and engineering claims in all areas. A few selected examples include:
- Breach of warranty – claim against sub-contractor under Deed of Collateral Warranty arising from laying of allegedly sub-standard floor in factory
- Defective products – various claims relating to delays, defective design issues, engineering machine manufacture, construction of plant, etc
- Design – dispute over design and operation of high-tech defence equipment
- Design / Construction – claim against contractors, sub contractors, architects and engineers for failure to design and construct loading bays correctly for a new distribution depot
- Design / Installation – dispute involving installation of plumbing and central heating in a refurbishment of a hotel: dispute between main contractor, architect engineer and sub-contractor
- Design / Installation – dispute between building owner, main contractor, architect, structural engineer and sub-contractor over installation of a revolutionary new roof
- Design / Installation – dispute between building owner, main contractor, architect, structural engineer and sub-contractor over installation of downpipe drainage system, which flooded basement area where electrical installations were housed
- Faulty work – dispute between local authority, a water company and construction company over road works which fractured main drain and caused damage to a new housing development
- Negligence / Design – claim by a developer following the collapse of a flyover, brought against a construction company, architects and engineers with contribution claims between all three defendants
DEFAMATION
Numerous defamation claims. A few selected examples include:
- Various defamation actions against media companies
- Claim by a University department against a Professor who had allegedly defamed the department in papers published in overseas scientific journals
- Action by an international star against a newspaper for publishing unauthorised photographs
- Action by an individual against a newspaper and refusal to publish a retraction which could be used to correct damaging account on web
EMPLOYMENT
Numerous employment claims in all areas. A few selected examples include:
- Compromise Agreement – claim by former director of Company for sums payable under a Compromise Agreement, including allegations by company of breach of non-compete clauses
- Discrimination – numerous claims covering race, sex and age discrimination claims
- Harassment – claim by senior employee in large organisation of persistent bullying, harassment and neglect of duties by senior management
- Medical – employment dispute over departing director
- Redundancy – dispute over redundancy payments made to 3 departing directors
- Reference – claim by employee for lost earnings on basis of incorrect reference issued by employer
- Share options – senior executive employment disputes (usually coupled with disputed share options/valuations disputes, bonus disputes, S. 459 petitions, restrictive covenants, etc)
- Shareholder – settlement of employment issues and valuation of shareholding for ex-director working for rival firm following injunction
- TUPE – issues relating to insolvency actions both in employment based and insolvency
- Unfair and wrongful dismissals – including as part of larger claim e.g. as one component of a shareholders’ action, and as part of claims relating to the transfer of businesses including TUPE
- Unfair dismissal – claim by senior figure in the sports sector, with issues as to mitigation
- Unfair and wrongful dismissal – claims in High Court and Employment Tribunal of wrongful and unfair dismissal by Managing Director of large company, including allegations of deceit and defamation
FRANCHISE
Numerous franchise claims. A few selected examples include:
- Breach of agreement – action against franchisee for alleged wrongful termination of agreement, including arguments on mitigation and misrepresentation
- Break up of franchise – UK sign franchisor and Irish franchisee
- Terms of franchise agreement – dispute between hundreds of franchisees and the franchisor in a major retail franchise, leading to a complete re-negotiation of the franchise.
- Termination – of franchise arrangements
- Terms of franchise agreement – food chain franchisor and franchisee
GROUP ACTIONS
Numerous group action claims. A few selected examples include:
- Manufacturing – claim by manufacturer of aerosol products against component supplier following mass claims
- Nuisance – claim by 44 residents for nuisance caused by food smells from a food factory in a residential area
- Nuisance – several different claims involving groups of residents from 25 to in excess of 600 people for nuisance actions against industrial and waste tip operators
- Personal Injury – group claim for personal injury and loss brought following an air crash
- Pharmaceutical – class action against a pharmaceutical company
- Residential – group claim from owners of flats in a multiple flat development against the freeholder and the management company
INSOLVENCY
Numerous insolvency claims. A few selected examples include:
- Claims against a liquidator for failure to administer a liquidation correctly where extensive financial claims revolved around valuation, projection and historical data
- Claim by a liquidator against directors and accountants following dividend payments, movement of assets and inter group transactions
- 3 day mediation involving 3 separate claims by a receiver against groups of directors and advisors for in excess of £10m
- Claims by and against liquidators /receivers and companies in liquidation/receivership by former directors
- Action by Trustee in Bankruptcy concerning a number of properties held in complex inter-related structure and subject to various charges and declarations of trust
- Claim by Trustee in Bankruptcy for order of possession and sale over jointly held property, involving issues of equity in exoneration and equitable accounting
- Liquidators dispute with ex-company directors over accounting treatment of loans
- Claim against estate of deceased IFA for compensation for loss suffered in investments recommended
- Action against former trustee in respect of losses incurred in trust assets invested
- Dispute between offshore entities over fund management and roles of Security and Loan Note Trustee
IT
Numerous IT claims. A few selected examples include:
- Breach of contract – dispute over computer software including limitation issues
- Computer lease – financing claim
- Consultancy agreement – claim against leading firm of estate agents
- Contract – claim by listed oil company against its IT suppliers
- Contract – dispute over services provided by a marketing and web design firm
- Contract – contractual dispute over supply of IT products and services
- Licensing – IT licence claim
- Licensing – £1.1million claim under software licence agreement as to royalties due
- Local Authority -claim in respect of automated traffic control system
- Media – media partnership and its project manager arising out of the installation of an IT project
- Software – software development of financial markets system for merchant bank
- Software – supermarket chain & IT supplier re EPOS system (£10m)
- Telecoms – mobile phone components
INSURANCE / REINSURANCE
Numerous insurance / reinsurance claims in all areas. A few selected examples include:
- Business interruption – (US supplier/Swedish insured) $200m claim in London reinsurance market
- Business interruption – re fire at waste composting site – £15m
- Coverage – claim following a major fire at a University
- Coverage – 3 party dispute between a claimant, broker and insurer involving arguments on terms of cover, acting in excess of authority
- Coverage – claim by widow of insured under company insurance for death whilst on assignment with defendant, including issues of construction of contract
- Coverage – insurers’ dispute as to liability for cover relating to explosion at car plant
- E&O – £25 million claim by pension fund trustees
- Export credit guarantee policy with Swiss insurer – Korean company claiming £3.4m
- Fraud – £40million international re-insurance fraud dispute (4 party)
- Indemnity – refusal by an Insurer to indemnify following a building and restaurant fire which
occurred within days of the risk being accepted - Liability – multi party insurance dispute concerning liability under policies relating to a hotel fire
- Liability – insurer disputed liability and quantum over factory fire due to alleged arson, including substantial claim for business interruption
- Life – £2.5m claim on an individual lost in private plane crash
- Negligence – claim against insurance broker for negligence in erroneously including VAT in rebuild costs of 2 blocks of flats when arranging insurance
- Permanent health – claim by City professional (£1.2m)
- Retail – UK supermarket group and its insurers and between syndicates involved in the risk
- Subrogation – division of liability amongst insurers dispute
- US property damage – reinsurance cover in London market – US$150m claim
- US contractor claim against insurers for over 25m euros re losses on major infrastructure project
INTELLECTUAL PROPERTY
Numerous intellectual property claims in all areas. A few selected examples include:
- Confidential information – claim by company against former consultant in respect of alleged use of confidential information following grant of emergency injunction
- Copyright – film copyright dispute
- Copyright – dispute between publishing firm and contributor to educational texts including issues as to ownership of copyright, entitlement to royalties and loss of goodwill due to lack of attribution of work
- Copyright – action over export of computer software found to infringe local (US) copyright laws
- Design rights – dispute between manufacturers concerning alleged infringement of design right in products
- General IP – dispute following an acrimonious termination of employment which centred on whether the IP rights asserted by the employer had validity
- General IP/ Design rights – dispute between designer and transport manufacturer
- General IP – dispute over IP rights in a complete range of office products
- General IP – allegations of wrongful interference with goods resulting from seizure on grounds that goods were alleged to be counterfeit
- Passing off – action between household name retailer and branded food manufacturer
- Passing off – action in passing off arising from dispute between social clubs as to right to use name and logo of a private members club
- Patent – claim for breach of patent of a hand held portable defibrillator
- Royalties – claim by a record producer against an international media corporation
- Trademark – world-wide trademark dispute between two household name companies
- Trademark – action for trademark infringement (UK and community) and passing off against company in FMCG space
INTERNATIONAL EXAMPLES
Numerous international claims in all areas. A few selected examples include:
- Agency – commercial agency dispute mediated in Paris between an American company and French agents
- Agency – breach of restrictive covenants in contract between German multi-national and UK agent
- Agency – claim concerning Russia commercial agency agreement
- Banking/fraud – involving bank trustees, a taxpayer and two overseas government departments, tax claims, tax evasion allegations, and criminal and civil claims by the government
- Banking/fraud – Trans-European banking fraud dispute
- Banking – Turkish banking claim
- Banking – Central Asian government banking dispute
- Banking – Middle East banking claim
- Banking – dishonest assistance claim between Japanese and UK companies
- Breach of fiduciary duty – claim against a French bank brought by a Greek shipping family
- Business sale – claim re indemnities on sale of manufacturing company by European entity to US firm
- Construction – dispute concerning construction of power station
- Consultancy – claim by a consultancy firm for fees arising out of know-how transfer and market intelligence about a Petro Chemical Project
- IT – Taiwan/US IT contract dispute
- Debt – claim for the balance of monies due following the sale of hotels in Bermuda
- Distribution – Polish distribution agreement dispute between US and Belgium companies
- Distribution – English/Japanese dispute concerning distribution of luxury brand goods
- Distribution – claim by US listed company against North African distributors
- Distribution – world-wide distribution arrangement between a US photographic retailer and Italian equipment
- Distributorship – termination of sole distributor contract – German company, US distributor
- Energy, Oil and Gas- multibillion claim between a government and a global corporation
- Energy, Oil and Gas – claim by a non-UK government agency against one of its oil supply companies
- Energy, Oil and Gas – oil futures dispute between international bank & overseas state-owned energy utility
- Energy, Oil and Gas – open-cast mining dispute
- Fund management – dispute between Cayman Island entities concerning fund management
- Manufacturing – claims between UK rail operator by French systems manufacturer
- Manufacturing – claim against French machinery manufacturer by UK companies and finance houses
- Media – Turkish/US media contract dispute
- Pharmaceutical – Middle East/US/UK pharmaceutical business claim
- Pharmaceutical – Italy/Spain/France pharmaceutical contract dispute
- Shareholders – Ukrainian/Israeli/Dutch/Swedish shareholders dispute
- Transport – Russian JV transport facility dispute
LOCAL AND NATIONAL GOVERNMENT
Numerous local and national government claims in all areas. A few selected examples include:
- Several disputes regarding waste disposal contracts with local authorities
- Claim against a City Council for damage to a prominent and historic building in the city centre allegedly caused by road and pavement improvement works
- Claim against a department of central government for failure to honour a contract for the supply of services pursuant to a government programme
- Claims for wrongful withdrawal of security classification
- Mediating grievances between officers and staff of a police authority
- Dispute concerning provision of training services under government contract
MEDICAL NEGLIGENCE / PERSONAL INJURY
Numerous medical negligence and personal injury claims in all areas. A few selected examples include:
- Allocation of liability between defendants for mass tort claims (c. 30,000 claims)
- Diving accident claim
- Employers liability claims (eg. factory accidents)
- Largest single medical negligence claim in UK history
- Plastic surgery claim
- Various obstetric claims
OIL AND GAS
Numerous oil and gas claims. A few selected examples include:
- Compensation claim arising out of route of oil pipeline
- Open-case mining dispute
- Dispute between a purchaser of an oil tanker and a shipyard over delivery of a ship
- Dispute with a supplier of personnel to oil rigs
- Dispute over the ruling price for oil in an oil supply contract
- Dispute over charges by a service contractor to an oil refinery
- Claim by a non-UK government agency against one of its oil supply companies
- Oil futures – dispute between international bank & overseas state-owned energy utility
- Claims arising out of the discovery of fraud in a European office of a global oil company
PARTNERSHIPS
Numerous partnership claims. A few selected examples include:
- Break-up of law partnership
- Break-up of interior design partnership
- Dissolution of veterinary practice
- Minority shareholder interests in architectural firm
- Partner dismissal in a law firm
- Removal of law firm partner
- Retirement provisions in the partnership deed of 35 partner professional firm
- Venture capital company board dispute
PENSIONS
Numerous pension claims. A few selected examples include:
- Numerous disputes concerning inappropriate administration and use of pension funds, fraud, etc, against former trustees and professional advisers – (including 2 party to multi party disputes)
- Recovery of overpaid fund surplus of £1.1m (five parties)
- Statutory trustees claim against investment advisors
- Trustees, solicitors and actuaries being sued in relation to pension fund underfunding (six parties/co-mediation)
PROBATE / TRUST/ ESTATES
Numerous probate / trust /estate claims. A few selected examples include:
- Dependency – claim for dependency under the Inheritance Act by an illegitimate daughter
- Dispute between siblings over multimillion settlements in several jurisdictions
- Disputes between siblings over dispositions in deceased parents’ wills
- Dispute between beneficiaries and solicitors over mistakes in drawing deceased parent’s will resulted in heavy tax consequences
- Executors – breach of duty claim
- Family business – £5m+ rift between family members re food business
- Farming – inheritance dispute between family members over farm assets
- Inheritance – five party family dispute over overseas assets
- Multi-party claims arising out of Channel Island trust – claims for over £10m
- Trust & probate – professional negligence claim against executors
- Trust – breached the terms of trust
PROFESSIONAL NEGLIGENCE
Numerous professional negligence claims. A few selected examples include:
- Accountants – Profit Related Pay schemes (incl post-trial)
- Accountant & solicitors – property loans (Guernsey)
- Auctioneers – alleged misattribution/undervalue of +£7m
- Chartered surveyors – numerous including bank claim for +£4m v chartered surveyors re property valuation
- Financial – numerous claims against banks and financial advisors for alleged negligent advice and mis-selling of investments (breach of statutory, contractual, tortious and fiduciary duties)
- Financial – claim against investment firm for advice from their discretionary management service in relation to equity investments
- Financial – multi party negligence claim against financial advisers, solicitors and trustees in respect of an investment which had lost substantial value (allegations of inappropriate asset allocation and selection and also failure to advise on limitation periods)
- Financial – negligence claim against financial advisor for inclusion of UCIS in pension plan
- Financial services – £20 million claim arising out of pension mis-selling
- Fund management – alleged incompetent investment policy
- Insurance broker – residual value insurance claim for c. £5m
- Insurance broker – claims for work carried out in connection with claims being made under a professional indemnity policy
- Leases – failure to obtain the correct lease following termination of an agreement for supply of components to the Aerospace industry
- Mortgage Lending – numerous claims against solicitors, surveyors and valuers, quantity surveyors, architects and financial advisers arising out of all aspects of commercial and residential lending
- Pensions – actuaries/pension consultants on merger of company schemes
- Solicitor – failure to report on restrictive covenant in title deeds (£250,000 claim)
- Solicitor – complex claim in inheritance tax and trust and commercial law involving settlement monies, large estates and alleged negligence by lawyers
- Solicitor – relating to advice on loan documentation
- Solicitor – by significant corporate client for allegedly deficient advice on M&A work
- Solicitor – in respect of judicial review application
- Solicitor – re limitation act issues, including counter allegations of fraud against client
- Solicitor – in respect of equity release financing deal entered into by home owner
- Surveyor – claim against firm of surveyors relating to advice on valuation
- Surveyor – dispute between surveying firms as to liability for negligence on joint assignment
PROPERTY
Numerous property claims. A few selected examples include:
- Action concerning rightful ownership of a number of properties held in inter-company arrangement with various charges to different individuals and banks
- Breach of contract – claim and counter-claim relating to installation of 15 kitchens in commercial property including queries on CAD drawings
- Breach of fiduciary duty – dispute over 200 leasehold properties in London, with claim by management company against freeholder to allege breach of fiduciary duty and claim for account of profits
- Breach of Contract – supplier of a key system incorporated in a waste disposal system faced claims for repair and remedial works for alleged failures. Extensive contract, engineering and accounting issues
- Dilapidations – claim by leaseholder of commercial property against landlord, including repair obligations and loss of rental income
- Equity release – claim by home owners in respect of equity release financing deal
- Finance – property development company advised to invest in a complex derivative product to hedge their borrowing to fund property acquisitions
- Guarantee – real estate dispute over effectiveness of guarantee in leasehold documents
- Licence – real estate dispute concerning assignment and termination of licence over space in corporate premises
- Mortgage provider- action by mortgage provider concerning a number of ‘right to buy’ purchases where inaccurate information was supplied on the borrowers’ circumstances
- Professional negligence – dispute between chartered surveying firms concerning performance of professional duties on joint project
- Professional negligence- dispute between an American corporation and a development corporation arising out of defective premises in an office development
- Property development – tri-partite dispute re major central London office development
- Purchase – dispute between a vendor of development land and a developer with the developer frustrating the progress of the purchase and seeking to renegotiate the purchase price
- Repossession – claim with counterclaim from borrower alleging unauthorised actions by broker and negligent advice from bank
- Sale – issues arising from the sale of a property and connected care home business
- Trespass – claim for lost revenues due to alleged trespass relating to advertising on numerous billboard sites
REGULATORY
Numerous regulatory claims in all areas. A few selected examples include:
- Disputes between individual investors and banks over mortgage protection policies
- Disputes between institutional investors and banks over mis-selling of financial products
- Financial services regulatory disputes
TRANSPORT / LOGISTICS
Numerous transport / logistics claims. A few selected examples include:
- Contract – termination by supermarket chain of a long-term distribution/trucking contract (£4m)
- Contract – dispute between motor racing champion and racetrack company
- Employment – dispute between bus and tram company and employees over working conditions
- Rail – dispute on contract between two major train/rail companies
- Shipping – re-insurance claims
- Yacht – multi-million pound luxury yacht dispute
SPORT
Numerous sports claims. A few selected examples include:
- Agent – dispute between a rugby player and his agent
- Director – dispute between directors of football club
- Employment – dispute between football club and sacked manager
- Governing body – working with a rugby team and its governing body on issues
- Image rights – dispute concerning image rights of a footballer
- Sponsor – dispute between a tennis player and sponsor
- Sponsor – dispute between motor racing driver and his sponsors
- Shareholder – directors and shareholders dispute in ocean racing enterprise
- Shareholder – long-running multi-party dispute over board and shareholder control of a
football club - Yacht – refusal to take delivery of a high tech racing yacht between the purchaser and the builder
WORKPLACE
Numerous examples of workplace mediation in both the public and private sector.