Consensus Mediation: Enterprising Dispute Resolution                82 King Street Manchester M2 4WQ               Regent's Place 338 Euston Road London NW1 3BT

Financial Services cases ...

 

£1.2m accountancy negligence claim, where bad EIS tax relief advice was alleged to have been given by the financial adviser. Claim settled shortly after the mediation.

Three party £530,000.00 negligence claim surrounding the £2.2m group buy-out of OPS benefits. The issues involved were the actuarial valuation of widows' benefits and GMPs. Claim settled at mediation.

Three party dispute surrounding the transfer of a £1.1m OPS fund. The claim centred around the payment/disclosure of commissions by the intermediary. Claim settled at mediation.

£310,000.00 pension scheme maladministration claim. The administrator had overstated the member's transferred-in service. The issues in dispute centered around the correct measure of loss (contract or tort/estoppel). Claim settled at mediation.

£850,000.00 accountants' negligence case. The allegations were that the accountants were negligent in setting up a capital loss trust as a CGT-saving vehicle. For trust law reasons the scheme failed. Settlement discussions ongoing following mediation.

£330,000.00 dispute surrounding the distinction between a return of premium policy (on death) and a return of fund policy. Claim settled at mediation.

Lead mediator in a dispute between a commercial lender and one of its borrowers surrounding the dual-rating of its mortgage products. Claim settled shortly after mediation.

£500,000.00 declined life insurance claim. Claim settled at mediation.

£60,000.00 employment law claim by a financial adviser against his former employer, a life office.

Dispute between benefit consultants on the one hand and a group of former clients on the other. This was predominantly a case about the correct basis for calculating commission/charges. Claim settled at mediation.

Commercial/Corporate cases ...

 

£1.2m commercial dispute between an MBO team and the company's former owners. The issues surrounded warranties and indemnities, and VAT. Claim settled at mediation.

£300,000.00 commercial dispute between parties to a longstanding haulage/distribution contract. Claim settled at mediation.

£65,000.00 dispute surrounding a third business consultant's allegedly poor performance in raising £1m private finance for the development of certain new medical technology. Claim settled shortly after mediation.

Shareholders dispute between the liquidator and a former guarantor of company debts. Claim settled at mediation.

£480,000.00 dispute between former shareholders/directors of a substantial property development company who had fallen out. Unfair prejudice (Section 459) was claimed. There were also issues surrounding correct valuation methods etc. Claim settled at mediation.

£230,000.00 landlord and tenant dilapidations claim. Claim settled at mediation.

£230,000.00 landlord and tenant dispute about the landlord's alleged failure to maintain internal facilities (eg lifts, air-conditioning, hot water etc). The experts reached full agreement at the mediation about the scope of works, which the landlord then agreed to have done. Settlement discussions ongoing following mediation.

£550,000.00 dispute over the provision of support services for a company offering specialist consumer services for domestic conveyancing. Claim settled at mediation.

Assistant mediator in a £150,000.00 claim by a petrol station owner against the petrol supplier, principally concerning price-fixing. Claim settled at mediation.

£300,000.00 dispute between a plant and machinery hire company and its supplier concerning a supply contract. Claim settled shortly after the mediation.

£230,000.00 dispute between brothers and their respective West Midlands' business interests.

Private Client cases...

 

£280,000.00 dispute between certain beneficiaries of a deceased's will and the would-be beneficiaries of an earlier will. Testimentary capacity, estate valuation and IHT were all relevant issues. Claim settled at mediation.

£900,000.00 dispute between the executors of an estate and the claimants under the 1975 Act (provision for dependants on death). Claim later went to full trial.

£700,000.00 dispute between a commercial lender and a wife, whose signature on a legal charge had allegedly been forged. The case turned on the extent of the lender's subrogation rights in equity, as well as various factual issues.

£290,000.00 recoveries action between insurers of neighbouring properties. Claim settled at mediation.

£65,000.00 dispute surrounding the costs liability of a boundary dispute trial judgment where an appeal had been lodged. Claim settled at mediation.

Three party contractual dispute regarding a liability for costs in pursuing numerous sets of proceedings jointly. Also alleged professional negligence of the claimants' solicitors. Claim settled at mediation.

IT/IP cases ...

 

£500,000.00 dispute which was specialist IT design and build supplier and a household name UK sports company, concerning a project which never came to fluition. Claim settled at mediation.

£660,000.00 dispute between an IT consultancy company and its outsourcers. Claim settled shortly after mediation.

£50,000.00 passing off dispute, surrounding the décor of competing restaurants. Claim settled at mediation.

IP/employment law dispute between two national manufacturers. Claim settled at mediation