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Mediator Paul Balen

Solicitor, Consultant Freeth Cartwright LLP

 
SPECIALISMS:

Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury; defamation; Sports law, and Commercial Mediation.

ACCREDITED MEDIATOR:

31 March 2004

Mediator Paul Balen CAREER HISTORY:

First Class Honours degree in Law and President of University Law Society at Cambridge. Articled at Freeth Cartwright solicitors in Nottingham 1975; qualified as a solicitor 1977 and became partner, now a member, of what is now Freeth Cartwright LLP in 1980. President of the Nottinghamshire Law Society 2005-6; President Nottinghamshire Medico-Legal Society 2007-8.

OVERVIEW OF EXPERIENCE:

Mediator Paul Balen has long experience in advising in a wide range of complex litigation cases including professional, clinical negligence and personal injury cases, particularly involving medico-legal or product liability issues and also libel and slander.

He has a national reputation for the coordination of multi-party actions and the creation of compensation/alternative dispute resolution schemes in groups of claims including liaison with foreign jurisdictions.

He has a wide interest in sports law, including acting from time to time in disputes involving international sportsmen in the rugby, cricket, shooting and football fields.

He has extensive experience in dispute resolution in particular in negotiating and implementing settlement schemes involving both public bodies and commercial (and international) insurers.

Recent settlement schemes include:

  • for the parents of Beverley Allitt’s victims
  • recipients of 3M hip prosthesis
  • recipients of Trilucent breast implants
  • Leicester cervical smear patients.
  • Leicester children wrongly diagnosed with or treated for epilepsy.

Mediator Paul Balen MEDIATION EXPERIENCE:

Paul has mediated a wide variety of mostly commercial based disputes including:

  • Contractual dispute between driving school and ex-instructor;
  • Commercial dispute over faulty servicing of laser cutting machine and counterclaim for loss due to downtime
  • Computer software contract dispute
  • Commercial dispute arising from installation of alleged faulty boiler
  • Construction contract dispute between supplier of timber frames and builder with counterclaim
  • Personal injury following assault
  • Employment dispute/dismissal of director
  • professional negligence dispute between householder, architect and builder
  • Share valuation dispute between directors and former director/shareholder
  • Postgraduate student in dispute with University over degree award

OTHER INFORMATION:

ADR Group registered mediator; member of the Sports Resolutions Panel, Association of Midlands Mediators, Effective Dispute Solutions Limited and Clerksroom Specialist mediation panel.

Senior Fellow Association of Personal Injury Lawyers; Public School Governor and Chairman; Chairman of I.T company.

BOOKS

“Multi Party Actions” (Legal Action Group 1995) with McCool and Day

“Know How for Personal Injury Lawyers – Conditional Fees” (Longmans) (1997) (chapter on conditional fees)

“The Plaintiffs Solicitors’ View” – chapter in Clinical Risk Modification (1999)

“APIL Guide to Fatal Accidents” – chapter on Inquests (2002)

“APIL Guide to Clinical Negligence” to be published by Jordans 2008 (General Editor)

CASES

Stobart v Nottingham Health Authority (1992) 3 Med LR 284 – discovery of medical records before inquest

AB & ors v John Wyeth & os (The Benzodiazipine Litigation) (CA) LTL 20/10/92: TLR 20/10/92 – cut off dates

B & Ors v John Wyeth & os – CA (1992) 1 All ER 443 – discovery of statements referred to in experts reports in group actions

AB & ors v John Wyeth (CA) (1994) 5 Med LR 149 striking out prescriber claims in group action v manufacturers

Heer v Tutton CA (1995) 4 All ER 547 – Striking out after agreement to extend time for defence Or 9r12

Foster v Biosil (2001) 59 BMLR 178 – definition of defect under Consumer Protection Act

A v National Blood Authority (2001) 3 All ER 289 – 2 of the lead cases in seminal group claim defining defect under Consumer Protection Act

Briody v St Helens etc HA (CA) (2002) 2 WLR 394 – recoverability of costs of surrogacy

Sayers & ors v Merck & os (CA) (2002) 1 WLR 2274 – costs orders in group actions

Khan v Secretary of State for Health [2003] EWCA 1129 (Court of Appeal) – Art 2 HRA and inquests- liability of state to fund representation of bereaved relatives at inquests

A & others v University Hospitals of Leicester NHS Trust (2005) EWHC 1416 (QB) Cox J – approval of settlement scheme for the Leicester Children’s epilepsy claims

O’Byrne v Sanofi Pasteur MSD Ltd COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES(FIRST CHAMBER) Case C-127/04 – definition of and date of supply of a product under the Product Liability Directive/ Consumer Protection Act 1987

O’Byrne v Aventis Pasteur MSD Ltd HL [2008] UKHL 34 (Court of Appeal) [2007] EWCA Civ 939; (QB) [2006] EWHC 2562 substitution of defendant outside limitation period

Peters v East Midlands Strategic HA and others.[2008] EWHC 778 (QB) the right of a Claimant to claim full damages for future care costs.

Contact
To appoint this mediator please call 0800 246 1218 or email info@effectivedisputesolutions.co.uk

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