Financial Services & Banking
Mis-selling
A £3.6m mis-selling claim by the estate of a High Net Worth deceased industrialist against his former financial advisers, in respect of an allegedly unsuitable geared off shore property fund.
Claim brought by nine claimants alleging to have lost £440,000 in the collapse of a property investment scheme in Florida in 2008.
A £1.2m claim by the bank under a Interest Rate Swap contract. Counterclaim that it was mis-sold.
A £1.7m pension dispute, alleging professional negligence against the financial advisers.
Bank recovery actions
A £255,000 claim by a corporate customer against a bank for misrepresentation in relation to a loan facility for a hotel (misunderstanding about the applicable interest rate).
A £1.5m personal guarantee recovery claim by a bank against the former director of a substantial construction company, by now in Administration. Also a further £260K PG claim in respect of a second construction company. Substantial differences of opinion about valuation of a property portfolio.Alleged impecuniosity also a factor.
A bank's £640,000 claim against one of four personal guarantors of a defunct company's invoice discounting/finance arrangement.
A £350,000 bank's claim against the alleged debtor under a stock finance agreement (caravans/motorhomes).
Pension scheme disputes
A £960,000 claim by pension scheme trustees against their former advisers for failure to properly equalise scheme benefits post-Barber.
A £700,000 pensions dispute, alleging delay against the administrators/scheme actuaries resulting in stock market/annuity rate losses.
A £310,000 pension scheme maladministration claim. The administrator had overstated the member's transferred-in service. The issues in dispute centred around the correct measure of loss (contract or tort/estoppel).
A dispute between uncle and nephew about their respective shares in a £800,000 pension fund/SSAS.
An £80,000 professional negligence claim against SSAS pension trustees.
A £1.7m pension dispute, alleging professional negligence against the former Scheme legal advisers.
Professional Negligence
Claims against lawyers, property, corporate/commercial, litigation mistakes
Three party £400,000 mortgage recovery dispute. The borrower had been duped by her fraudulent brother into allowing her name to be used to purchase a flat and take out a large mortgage (which was never paid). £1.1m professional negligence claim against a firm of solicitors who allegedly failed to flag the availability of BTE before embarking upon ultimately unsuccessful litigation.
£700,000 dispute where a former owner of a London property alleged the negligence of two firms of solicitors had facilitated the fraudulent transfer of that property away from his ownership. The lender was also involved, making this a four party dispute.
£600,000 professional negligence claim by the former FD of a support services company against his former solicitors. The allegations of negligence were around the treatment of PHI benefits in the employment severance contract. Claimant had Alzheimer's.
£167,000 solicitors' professional negligence claim. The existence of a mother-in-law's beneficial interest in a family home had been missed by the conveyancing solicitors, resulting in litigation with the Claimant lost.
Lender claims - SAAMCO caps, scope-of-duty arguments, bank lending practices
£310,000 lender's claim against valuers of a house and mews studio property in west London against which the bank lent.
A £2.5m negligent valuation claim made by a syndicated mortgage lender against a firm of surveyors in relation to a hotel. Contributory negligence/reckless lending was alleged.
A £4.5m claim by a lender that its security had been overvalued by its professional valuer at the time of lending. Competing views of the level of the SAAMCO cap, and how that was affected by the valuer's contributory negligence allegations.
£195,000 professional negligence claim by a lender against the borrowers' solicitor, who failed to flag an agricultural occupancy condition. There was also a £295,000 claim by the borrower against the solicitor for the same negligence.
A four party £350,000 lender's claim where the borrower sought Part 20 recoveries from two others (including alleging fraud). Arguments around quantification of any equitable charge, and much about costs. Effectively three mediations in one.
Pension professionals - Barber mistakes, Trustees' negligence, scheme maladministration
£1.2m pension transfer related claim, against an intermediary now in liquidation. This mediation covered virtually all aspects of pension transfer claims, including method of quantification, causation issues and PI coverage issues (the operation of the Third Party (Rights Against Insurers) Act 1930.
£80,000 professional negligence claim against SSAS pension trustees.
£700,000 pensions dispute, alleging delay against the administrators/scheme actuaries resulting in stock market/annuity rate losses.
A £390,000 pension claim. Allegations that the transfer from an OPS to a PPP was unsuitable advice.
£310,000 pension scheme maladministration claim. The administrator had overstated the member's transferred-in service.
Insurance
Insurance & reinsurance
£350,000 marine cargo insurance claim by a UK steel stockholder against its transit. Issues around the correct valuation of the claim under s71 of Marine Insurance Act.
£525,000 disputed property damage insurance claim. Issues around policy interpretation the validity of an assignment (insured went in liquidation) and quantum (including of a BI claim).
A £240,000 claim by a newbuild house insurer against the directors of the construction company, each of whom gave personal guarantees.
£180,000 claim by a PHI policyholder claiming income protection benefits from the insurers (two policies).
£100,000 fire/smoke damage claim, between the various insurers for the interested parties. Interesting causation and limitation issues.
A £960,000 marine insurance dispute, prompted by the total loss of a vessel off the Spanish Mediterranean coast.
Subrogated recoveries
£340,000 subrogated recovery claim by a hospital's insurers against a contractor whose actions it said caused water ingress damage its Radiology Department's electronic equipment.
A £340,000 flood damage claim. Insurer Co-Defendants disputed causation of the consequential loss claim in principle. There were also coverage issues generally.
£100,000 claim involving insurance recoveries following a commercial vehicle fire. Interestingly this mediation took place after the trial of the matter, pending the Court of Appeal's consideration of the matter. Very interesting issues around the burden of proof where little or no evidence existed as to which of three possible causes of the loss was the actual cause.
£100,000 flood damage claim against the water company for alleged negligent failure to maintain a sub-pumping station.
£65,000 recovery claim by insurers against the water authority for flood losses. Non-return valves was alleged to be faulty.
Coverage disputes
A £2.6m fire claim, which the property insurer avoided. The insured's broker was also involved.
£450,000 marine cargo claim following damage to steel allegedly in transit from far east. Insurers alleged breach of policy conditions..
A £500,000 declined life insurance claim. Dispute about policy limits and scope.
£150,000 household insurance fire claim brought by the deceased's estate. Alleged non-disclosure and other policy issues.
A widow's life insurance claim, declined for non-disclosure.
A £190,000 misselling claim by the owner of a Bristol property portfolio against his former financial adviser, who had recommended investing in a traded endowment portfolio. Policy coverage issues.
Commercial
Contract & commercial
£1.6m disputed contract claim, between a public water company and its outsourced water testing/analytical company. Interesting regulatory issues, including competition and water testing standards.
A £ms dispute between an originator of Certified Emission Reductions (carbon credits) and the commodity trader contracted to sell those CERs.
A 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 contractual commission/charges.
£660,000 dispute between an IT consultancy company and its suppliers, operating under an outsourcer contract.
A £50,000 passing off dispute, surrounding the décor of competing restaurants.
Chris was one of two mediators in a £300,000 dispute between a plant and machinery hire company and its supplier concerning a supply contract.
£500,000 dispute which was specialist IT design and build supplier and a household name UK sports company, concerning a project which never came to fruition.
Shareholder disputes
A £1.2m shareholder dispute relating to a mostly family-owned industrial chemicals/metals processing company. Issues around unfair prejudice (s994 petition for relief).
£2.5m dispute between shareholder directors in a £30m turnover company.
£3m shareholder/breach of directors' duties claim.
£30,000 dispute between a former director/shareholder and the remaining shareholders. Half-day mediation in view of the value.
£480,000 dispute between former shareholders/directors of a substantial property development company who had fallen out. Unfair prejudice (Section 459) was claimed.
Partnership issues
£500,000 partnership/shareholders dispute between family members in an Indian restaurant business.
£350,000 claim against a former partner in a solicitors' practice asked to repay a loan to that firm/another partner.
A £300,000 dispute between the principal partner of a GP medical practice (since dissolved) and the Primary Care Trust under which the GP practice operated (now the NHS Commissioning Board). Terms of the contract (in the APMS format) were in dispute, as were associated QOF entitlements.
Chris was the mediator in a £230,000 claim between a law firm partnership and an ousted partner. The firm had faced certain negligence claims allegedly from the former partner's conduct/illness.
A £100,000 property partnership dispute, involving a £300,000 counterclaim for shared beneficial ownership and shared rents. The two parties had been long-standing family friends as well as being business partners, making the negotiations particularly difficult.