Roderick O’Driscoll

Mediator Roderick O Driscoll, Rod is a Chartered Arbitrator, Accredited Mediator, a Notary Public and a qualified Solicitor of the Supreme Court.

Roderick was admitted as a solicitor in 1967 and has specialised in Construction and commercial matters for over thirty years. He became a fellow of the Chartered Institute of Arbitrators in 1991 and an accredited mediator in 1996. As well as acting in a private capacity in the above, he has for the last ten years or so lectured and run courses for the Chartered Institute of Arbitrators and others in all forms of ADR. His experience has primarily included the resolution of commercial disputes, all forms of building and civil engineering projects both here and abroad and, as a solicitor, he has had a full working experience of the Court practices and systems.

Educational and training:

  • Ampleforth College, Yorkshire
  • The Law Society
  • Chartered Institute of Arbitrators

Mediator Roderick O Driscoll Current Professional Activities:

  • Practising Arbitrator and Mediator
  • Legal Adviser on all ADR matters
  • Course lecturer, tutor, and examiner
  • Provision of Notarial Services

Mediator Roderick O Driscoll Legal Professional History

March 1957 to March 1962 – Articled to the Rt. Hon. Lewis Silkin – Minister of Town & Country Planning of Lewis Silkin & Partners, Stories Gate, Westminster, London

March 1962 Qualified Solicitor of the Supreme Court and became Partner in Lewis Silkin & Partners practising from London

March 1970 Appointment as Notary Public

1972 – 2001 Senior Partner in Roderick O’Driscoll & Partners, Maidstone, Kent specialising in commercial, industrial and building disputes principally in the High Court. Practising advocate in Magistrates, County Courts and Official Referee’s Court with experience of Court of Appeal and House of Lords. Involvement in Official Referee’s Court (now Technology and Construction Court) as advocate and instructing solicitor relating to disputes concerned with general construction matters. Instructed by many large companies in Europe and throughout the world dealing in a number of international cases.

2001 – 2008 Senior Partner in Gulland & Gulland, Maidstone, Kent as Head of Construction and Arbitration Department.

Mediator Roderick O Driscoll Memberships and associated activities

  • The Law Society of England.
  • The Institute of Chartered Arbitrators.
  • SICA FICA, an international organisation dealing with dispute resolution.
  • Fellow of Chartered Institute of Arbitrators
  • Panel member of Chartered Institute of Arbitrators
  • Accredited Mediator (CIArb)
  • Professional member of Dispute Resolution Board
  • Assessor for Mediation Accreditation for the Chartered Institute of Arbitrators
  • Member of the Law Society Arbitration Panel
  • Approved Member of the Civil Mediation Council
  • Founder member of Keep Talking Eu (mediation suppliers)
  • Approved Tutor for the Chartered Institute of Arbitrators
  • Member of the Association of Building Engineers
  • Honorary Life Member of the Institute of Clerks of Works
  • Member of the Society of Construction Arbitrators
  • Member of the European Court d’Arbitage, Strasbourg
  • Lecturer and author of several articles on Arbitration Law
  • Co-founder of the South Eastern Dispute and Arbitration Centre
  • Vice Chairman of South East Branch of Chartered Institute of Arbitrators
  • Mediation panel member of Effective Dispute Solutions Limited

Mediator Roderick O Driscoll Previous experience and case work

Roderick has been involved in several hundred cases in his capacity of Arbitrator and/or Mediator both international and domestic, involving commercial, construction and engineering issues. He has gained close familiarity with all the principle forms of construction contracts. His experience extends to all types of building and civil engineering matters and he has a detailed knowledge of prolongation issues.

His commercial experience covers all forms of agreements including, amongst other subjects, intellectual property, partnership agreements, franchise agreements, Landlord and Tenant, and boundary issues.

In recent years, he has been involved both as advocate and as arbitrator in a number of international disputes, and domestic construction cases the values of which generally vary from £50,000 to in excess of £1m. His appointments, other than private appointments, are made by the Law Society or the Chartered Institute of Arbitrators and he is a panel member of both organisations.

He is actively involved as a mediator receiving both private and Court appointments, and was a founder member of the Mediation Group of the South Eastern branch of the CIArb.

Ike Ehiribe

1982 – Called to the Nigerian Bar
1991 – Notary Public for Nigeria.
1994 – Fellow of the Chartered Institute of Arbitrators UK.
1996 – Called to the Bar of England & Wales (Lincoln’s Inn)
1998 – Accredited Mediator of the Academy of Experts (Q.D.R.) Qualified Dispute Resolver.
2005 – Fellow of the Singapore Institute of Arbitrators.
2007 – Chartered Arbitrator.

Mediator Ike Ehiribe Relevant Panel Listing specific to Mediation and ADR.

  • The Panel of Commercial Mediators of the Chartered Institute of Arbitrators.
  • The Panel of Commercial Mediators of the Academy of Experts.
  • The Panel of Commercial Mediators for Effective Dispute Solutions Limited.
  • The Panel of Neutrals of the World Intellectual Property Organisation in Geneva(WIPO).
  • The UK Patents office Panel of Mediation providers.
  • Communication & Internet Services Adjudication Scheme
  • IP & Electronic Media Panel of CIARB (www.communications-adr.com)
  • The Panel of the London Borough of Tower Hamlets Leaseholders Dispute Resolution Scheme.
  • The Property Panel of the London Branch of the Chartered Institute of Arbitrators.
  • The Public Access Barristers’ Association (PABA) Mediation Panel.
  • Senior Adjudicator and Panel Convenor of the Tenancy Deposit Protection Adjudication Scheme.
  • Senior Adjudicator and Panel Convenor of the Adjudication Scheme for Home Builders.

Mediator Ike Ehiribe Recent Dispute Resolution Training and Experience specific to Mediation and ADR

  • Attended three day Construction Adjudication training course conducted by the Chartered Institute of Arbitrators in May 2004.
  • Attended mandatory training course for the London Borough of Tower Hamlets Leaseholders\’ Dispute Resolution Scheme conducted by the Chartered Institute of Arbitrators in November 2005.
  • Attended one day Training for the Dispute Resolution Scheme of the British Marine Federation in March 2007 conducted by the Academy of Experts.
  • Attended Expert Determination Course conducted by the Academy of Experts in February 2009.
  • Attended two day training workshop for Intellectual Property Mediators in May 2009 conducted by World Intellectual Property Organisation (WIPO) in Geneva.
  • Appointed Assessor of Mediators seeking panel listing by the Chartered Institute of Arbitrators since 2004.
  • Appointed by the Department of Constitutional Affairs to promote the use of Mediation in the resolution of disputes in May 2005 at the Bedford and Luton County Courts during the Mediation Awareness week.
  • Appointed Course Director and Lead Trainer for the Tenancy Deposit Protection Panel and other Consumer Adjudication Schemes by the Chartered Institute of Arbitrators since 2007.
  • Delivered paper on the “Drafting of ADR Clauses in Maritime Contracts” at the School of African and Oriental Studies at the University of London in October 2008.
  • As an Accredited Mediator I have conducted Mediations in well over 200 civil and commercial disputes on the County Court Annexed Mediation Scheme, the National Mediation Helpline Scheme, the Cost Controlled Mediation Scheme and Ad hoc.
  • As a Chartered Arbitrator and Adjudicator I have issued well over 400 awards and decisions in civil and commercial disputes.
  • As Counsel I have advised and represented diverse parties involved in civil and commercial disputes in the County Court, The High Court, the Court of Appeal, domestic arbitral tribunals, international arbitral tribunals, court annexed mediation sessions, and ad-hoc mediation sessions.

Mediator Ike Ehiribe Other Relevant Appointments

  • Member the Hong Kong Mediation Council.
  • Nominated one of the Judges of the 2nd I.C.C. (International Chamber of Commerce) International Commercial Mediation Competition held in Paris in February 2007.
  • Former member of the ADR Committee of the General Council of the Bar (2006-2008).
  • Former Interim Chairman of the ADR Committee of the Chartered Institute of Arbitrators from January 2005-August 2005.
  • Former member of the ADR Committee of the Chartered Institute of Arbitrators from October 2001 – August 2005

Dr Peter Fenn

Mediator Dr Peter Fenn Present Posts

  • Senior Lecturer – University of Manchester
  • Partner – MJM Chartered Quantity Surveyors
  • Trustee of the Chartered Institute of Arbitrators
  • Elected member of Dispute Resolution Faculty Board at the Royal Institution of Chartered Surveyors

Mediator Dr Peter Fenn Professional Qualifications

  • Fellow Royal Institution of Chartered Surveyors
  • Registered Mediator Centre for Dispute Resolution
  • Diploma in Arbitration College of Estate Management
  • Fellow Chartered Institute of Arbitrators

Mediator Dr Peter Fenn Industrial Experience

1980-1983 – Assistant Quantity Surveyor, Chartered Quantity Surveyors London.
1984          – Site based Quantity Surveyor, Balfour Beatty Construction Liverpool.
1984-1988 – Quantity Surveyor, Civil Engineers British Rail London and Swindon.
1988-date – Self employed consultant, Bristol Manchester and Dundee.
1993-date – Mediator at the Centre for Dispute Resolution (CEDR) London.
1994 -date – Mediator on the President’s Panel at the Royal Institution of Chartered Surveyors.
1999-date – Independent Expert on the President’s Panel at the RICS
2000-date – Mediator on the Panel at the Chartered Institute of Arbitrators
2002-date – Mediator on the Panel at the Hong Kong International Arbitration Centre
2004-date – Adjudicator on the panel at the Chartered Institute of Arbitrators

Mediator Dr Peter Fenn Academic Experience

1988          – Visiting lecturer, Bristol Polytechnic.
1988-1990 – Lecturer, Dundee Institute of Technology.
1990-2001 – Lecturer, UMIST.
1992-date  – Tutor University of Bath
1994          – Tutor Horsens Polytechnic Denmark
1995          – Visiting Professor Florida International University
1995          – Visiting Professor University of Kentucky
1997-1998 – Scholar in Residence University of Kentucky
2000          – Visiting Lecturer Tsinghua University China
2001-date   – Senior Lecturer University of Manchester

Mediator Dr Peter Fenn Dispute Experience

  • Registered Mediator at CEDR from 1993
  • President’s Panel of Mediators at the Royal Institution of Chartered Surveyors 1994
  • Panel of Mediators at the Chartered Institute of Arbitrators 2000
  • President’s Panel of Independent Experts at the Royal Institution of Chartered Surveyors 1999
  • Mediator Leeds Court Scheme 2000
  • Mediator Manchester and Liverpool Combined Court Scheme 2000
  • Mediator Birmingham Court 2002
  • Mediator Guildford Court 2003
  • Adjudicator on the President’s Panel at the Chartered Institute of Arbitrators 2004

Some Recent Notable Referrals and Experience

1995
The World Bank, The British Council and the National Institute for Highways and Transport India. Delhi India on the use of ADR.

1997
Report for MOD on target cost and incentive contracts.

1998
Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts.

2000
Onwards: Course Tutor CIArb Mediation Training
Course Director CIArb Mediation Assessment

2003
Report for Hong Kong (SAR) Government on Dispute Resolution and Avoidance Mechanisms

1995
The World Bank, The British Council and the National Institute for Highways and Transport India. Delhi India on the use of ADR.

1997
Report for MOD on target cost and incentive contracts.

1998
Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts.

2000 Onwards:
Course Tutor CIArb Mediation Training
Course Director CIArb Mediation Assessment

2003
Report for Hong Kong (SAR) Government on Dispute Resolution and Avoidance Mechanisms

Overseas Experience

Mediation in various countries,1998 Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts; 2000 Invited Speaker at Hong Kong Whose Risk Conference and follow up to Grove Report. 2000 Invited Speaker at Tsinghua University

Publications

I have edited and authored 4 books and written more that 30 technical articles, a full list is available on request. My research has been cited in two government reviews: The Latham Review) and The Woolf Report.

Paul Newman

SPECIALISMS:

He has a particular interest in building and civil engineering claims.

He also deals with professional negligence matters (especially claims relating to building professionals), property litigation including rights of way and boundary disputes and general contract / commercial disputes (including consumer law).

CAREER HISTORY:

Called to the Bar by Gray’s Inn in November 1982, Paul completed pupillage in leading commercial Chambers in London (1982-1983). After practising at the Manchester Bar, he worked for a well-known firm of construction claims’ consultants in the North-West before settling in Cardiff (1990). In Cardiff he worked for two major regional solicitors’ practices (specialising in construction law, adjudication, arbitration and mediation) before joining 3 Paper Buildings (Bristol annex) (now 3 PB barristers) in September 2006. He has both acted as a mediator and represented parties in excess of 60 mediations. He writes and lectures on mediation and related topics.

LANGUAGES:

Speaks and writes fluent French as well as having a detailed knowledge of Spanish and German.

OVERVIEW OF EXPERIENCE:

Paul has been involved in approximately 60 mediations –

  • Building and engineering disputes (domestic and commercial)
  • Sale of goods (including consumer credit)
  • Partnership disputes
  • Unfair prejudice to a shareholder
  • Professional negligence
  • Franchise
  • Professional negligence claims
  • Boundary disputes

RECENT MEDIATION EXPERIENCE:

  • A dispute between an absentee Russian property owner and a contractor relating to a major house refurbishment in North London
  • A civil engineering claim relating to the migration of Japanese knotweed
  • Termination of a collaboration agreement in the construction industry
  • House renovation contract in the South Wales Valleys

EDUCATION:

Paul is a graduate (1980) of Clare College, Cambridge (MA) – Modern and Medieval

Languages (French & Spanish).

He completed the Diploma in Law (1981) (City University) and Bar Finals (1982) at the Council of Legal Education (London)

PROFESSIONAL QUALIFICATIONS:

  • Called to the Bar by Gray’s Inn, November 1982
  • ADR Group accredited mediator 2001
  • Fellow of the Chartered Institute of Arbitrators 1999
  • RIBA and CIC accredited construction industry adjudicator 1997

MEMBERSHIP:

Gray’s Inn; Bar Council listed mediator; Chartered Institute of Arbitrators, Oxford Mediation
Group, Talk Mediation and Mediation panel member of Effective Dispute Solutions Limited

Martin E Quaile

SPECIALISMS:

An accredited mediator in the UK and Hong Kong who has over 30 years experience as an architect and arbitrator. Specialisms include building and construction, environmental, property including landlord and tenant and general commercial disputes.

ACCREDITED:

Accredited in Hong Kong in 2000 and the United Kingdom in 2004.

CAREER HISTORY:

Qualified as an architect in 1967 and worked in Bristol and Bath before going overseas to Nigeria as a Consultant Architect in 1976. Immigrated to New Zealand in 1978 and worked as a senior architect on the north island. Then as Deputy District Architect on the south island for MOWD. In 1982 moved to Vanuatu as Principal Architect to the Vanuatu Government on ODA contracts. In 1990 moved to Hong Kong, initially as a Property Services Manager in the Architectural Services Department. From 1991 to 1998 placed on secondment to the Works Branch of the Government Secretariat. From 1998 to 2003 seconded to the Hong Kong Police Force as their Project Architect. Returned to the UK in 2003 and now provides services in alternative dispute resolution.

OVERVIEW OF EXPERIENCE:

  • First appointment as Arbitrator 1974
  • Expert Witness in New Zealand 1981 and in Vanuatu 1984 and 1987
  • Accredited Tutor to CIArb Entry Course in Hong Kong 1991 – 2003
  • Assistant Trainer for the HKIAC Meditation Council 2000 – 2003
  • Involved with 17 mediations since 2004 acting as sole mediator in 10 instances

MEDIATION EXPERIENCE:

  • Building disputes including extensions of time and incurred costs
  • Landlord and tenant disputes
  • Rescission of contract dispute

EDUCATION:

Colstons School Bristol 1953-1960
University of Bristol 1962-1967
University of Bristol Research Programme 1967-1970

PROFESSIONAL QUALIFICATIONS:

Royal Institute of British Architects 1970
Chartered Institute of Arbitrators 1973
Accredited Mediator Hong Kong 2000
Accredited Mediator United Kingdom 2004

MEMBERSHIP:

The Royal Institute of British Architects
The Chartered Institute of Arbitrators
HKIAC Panel of Mediators in Hong Kong
ADRg Panel of Mediators in the United Kingdom
Talk Mediation Panel of Mediators in the United Kingdom
Mediation panel member of Effective Dispute Solutions Limited

Jeffrey C Rosenthal

Business Background

During the past 15 years I have been extensively involved in dispute resolution work, acting as an arbitrator and expert witness, and since 2000 as a mediator. This work has been as much of a legal nature as accountancy, and I have increased my working knowledge of contract law and consumer law, as well as maintaining my professional knowledge in accountancy and related financial matters.

My background as the principal of my own accountancy practice and understanding of business and consumer problems, sprinkled with a good measure of common sense, has been of considerable value in dealing with a wide range of problems.

My earlier work as a practising accountant and consultant covered a wide range of business activities and trade association work, as well as all of the usual functions associated with accounting practices in the Small to Medium sized Enterprise field (SME’s). I held an Insolvency Licence until the end of 1998, and was a Registered Auditor until the end of 1999.

My consultancy activities included the independent valuation of businesses; advising on business mergers and break‑up; preparing prospectuses and negotiating the sale of businesses; advising vendors on the sales of minority interests; advising the purchasers in a management buy‑out; a substantial individual voluntary arrangement; negotiating finance facilities for numerous clients; assisting clients in resolving a wide range of disputes.

My dispute resolution experience covers the following areas:

  • Partnership dissolution disputes
  • Directors disputes and minority shareholders claims
  • Shareholding and business valuations
  • Professional negligence claims
  • Professional fee disputes
  • Investment advice complaints
  • Consumer complaints regarding holidays, mortgages, finance and leasing, and home improvements
  • Losses arising from personal injuries
  • Neighbour disputes relating to high hedges and boundaries

8 of my last 10 mediations resulted in settlement.

Mediation Experience from May 2008

CPD Status

CPD kept up to date. Registered as a practicing mediator with the Association of Midlands Mediators, The Chartered Institute of Arbitrators, Talk Mediation, Effective Dispute Solutions, and Specialist Mediators.

Mediator in the following disputes

February 2010 – The husband and wife Claimants were marginally minority shareholders in a Water Conditioning Company. They were dismissed from employment in 2006 and ultimately petitioned the Court for the Defendants to buy their shareholding and repay £21,000 of dividends that had been wrongfully withheld from them. High Court proceedings had been commenced and pleaded under a CFA; a five-day Hearing was due at the end of February 2010.

The major problems were that both parties had incurred substantial costs to date; an independent Accountants Report on the value of the company had only been received two days before the Mediation; neither party was aware of the insurance premium for “After the Event” cover under the CFA. This was ascertained during the mediation as £55,000, and then reduced to £40,000.

Negotiations were difficult. The Defendants accepted liability to pay for the shares and repay the dividends, but considered the costs and insurance premium to be grossly excessive. The Claimants’ Solicitors accepted responsibility for delays, and waived their CFA uplift entitlement to secure a settlement.

Provisional agreement was reached for payment of £170,000 by the Defendants. This comprised £90,000 for the shares and dividend issues and £80,000 towards the Claimants’ costs. However, only £50,000 could be paid immediately, and £120,000 by instalments over five years. This was subject to completion of an Affidavit of Means by the Defendants within the following week.

December 2009 – The Claimant had provided IT support services for the Defendant firm of Accountants. The system ran into problems, which the Claimant asserted were due to the incorrect installation of software. The Defendant counterclaimed for reinstallation costs and loss of staff chargeable time. The claim was for £11,000, and the counterclaim £14,000. Settlement was agreed with a payment of £5,000 from the Defendant to the Claimant, with both parties to pay their own costs.

September 2009 – The Claimant had sold her Dental Practice to a larger organisation. The sales contract included an unquantified payment of 10 per cent of a newly negotiated specialist NHS contract. The Claimant considered that the payment should be £35,000, based on the expected level of activity, whereas the Respondent assessed the payment at £8,000, based on the actual activity in the first year. New information was produced during the Mediation that showed the anticipated level to be between £125k and £175k. Settlement was agreed based on a median figure of £15,000, with both parties to pay their own costs.

September 2009 – The Claimant was suing for £9,100, plus costs and interest of £1,500, for goods supplied to a former customer who was no longer in business due to the destruction of his premises by fire. The Defendant maintained that the Claimant had refused to accept returned goods to the value of approximately £2,500, and had also refused discounts and similar credits in excess of £1,000. The parties agreed a last minute settlement of £5,500, with both parties to pay their own costs.

July 2009 – The father and son shareholders of this family owned opticians business were at loggerheads over the ongoing management and financing of the business. The mediation was intended to enable them to resolve these differences by one of them buying out the other’s interest, including one-third of the shares left by a deceased family shareholder.

Problems highlighted related to incorrect and out of date accounts; no reliable current financial information; entitlement to proceeds of a six-figure life assurance policy; family relationship issues, excess salaries by both father and son! No agreement was reached, but the parties were left to consider how best to resolve these issues.

April 2009 – Dispute over unpaid consultancy fees passed on to a third party customer by the Defendant’s former trading company. It was not possible to meet in person due to illness of a Director, and the mediation was conducted by telephone and email. The Defendant agreed to pay the claim, but required deferred payment terms that were negotiated.

April 2009 – This was a three party multi track dispute concerning the purchase of a sophisticated photocopier and reprographic devices under a Finance Agreement. The Purchaser considered that he had been overcharged by the supplier, and that the Finance Company was complicit in this. The claims and counterclaims exceeded £32,000, and costs were into five figures. The five-hour mediation nearly resulted in settlement on the day, and the closing concessions were made by email over the following two days. Settlement was for £8,500 payable to the Finance Company by the Purchaser and supplier between them, with all parties paying their own costs and the claims and counterclaims being dropped.

January 2009 – This dispute related to 16 balances on various construction service contracts. As the Claimant had not reviewed the Defence to the Claim, the parties were unable to enter into settlement negotiations as the time available was absorbed by detailed reviews of the outstanding balances claimed. A number of documents were exchanged to assist this process. Both parties preferred to adjourn the mediation to allow time for further reviews of the supporting documents rather than reach a compromise settlement. As this process did not lead to an agreed settlement, the mediation was resumed at a later date, but no agreement was reached.

September 2008 – The Claimant had obtained a substantial refund of V.A.T. for the Defendant’s Rest Home business, for an agreed fee of 20% of the net recovery. However, additional fees were charged by the Local Authority, which the Defendant had not expected. The Claimant’s contract documents had not made it completely clear who should bear these additional fees of approximately £13,000. There was considerable antipathy by the Defendant’s husband towards the Claimant, who he accused of deliberately misleading him in the pre-contract negotiations. He needed to be persuaded that all of the relevant information had been made available to him had he taken note of it. Settlement was reached for a reduced payment by the Defendant.

June 2008 – The Claimant had provided professional accountancy services for the two Respondent companies, but had failed to obtain a letter of instruction or to clarify its charging rates. As all of the work was of an ad hoc nature, this led to disputes regarding both the time and rate charged. The Claim was for £3,800, plus costs and interest, and settlement was reached for £1,410 (£1200 + V.A.T.), with both parties paying their own costs.

May 2008 – The Claimant was seeking payment from the Defendant for goods supplied to a client of the Defendant under a Trade Finance Agreement. The Defendant contended that it was not liable because there were no Supplier Undertakings for the produce not paid for, and that the Claimant had failed to comply with various conditions. The Claimant had issued Court proceedings.

The Claimant maintained that there was a verbal agreement from a member of the Defendant’s staff for a “rolling undertaking.” The Defendant and the employee denied this, and there was no evidence. The recipient of the goods had gone into administrative receivership. The Claimant eventually accepted that he could not substantiate his case. Both parties agreed to meet their own costs of the proceedings to date.

Ken Salmon

Solicitor in England, Wales and in Eire

Construction: contentious and non-contentious business experience

  • Building, civil engineering, professional negligence, rail, marine, energy, site remediation, Representation and advocacy in adjudication, arbitration, litigation, mediation, conciliation and expert determination
  • Defence of prosecutions under Health & Safety and Environmental legislation
  • Drafting and negotiating construction documentation

Non construction legal experience

  • Professional negligence
  • Commercial litigation
  • Personal injury for claimant and defendant

Recent mediation experience

  • 2004 Dispute about quality of work and materials between employer and flooring contractor
  • 2007 Professional negligence claim against structural engineer over design of steel-framed 3-storey building
  • 2007 Professional negligence claim by home buyer against solicitors and surveyors
  • 2008 Tenant’s claim for rent and Landlord’s counterclaim for dilapidations (telephone mediation)
  • 2008 Disputes between employer and contractor under a building contract over sums due
  • 2008 Claims and counterclaims about determination, repudiation, payment, costs of completion and defects, concerning plumbing works under a series of contracts
  • 2008 Claims and counterclaims under a contract for cladding and roofing works, with issues over price, measure, defects and following disputed determination over loss of profit.
  • 2009 Claim by builder for payment and loss of profit on repudiation with counterclaim by building owner for defects and damages for delay and repudiation
  • 2009 Claim by builder for payment with counterclaim by employer for defects and loss of rents
  • 2009/10 Dispute between partners over retiring partner’s entitlements
  • 2010 Claims and counterclaims arising out of proposed sale of industrial unit
  • 2010 A tripartite dispute concerning liability for damage to two electrical motors used for power generation and cost of replacement, loss of profits and management time

In addition, Ken has represented parties in mediations (and other ADR processes) on many occasions.

Career history

  • 1973 Admitted to the Roll of solicitors for England & Wales
  • 1975 Appointed as partner Kirk Jackson (now Rowlands)
  • 2001 Joined Mace & Jones as a partner
  • 2005 Admitted to the Roll of solicitors Republic of Ireland
  • 2007 Chartered Institute of Arbitrators Mediator Accreditation

Other information

  • Member of the Panel of Mediators of the CIArb
  • Member of the Panel of the Association of Northern Mediators
  • Member of Panel of LawWorks
  • Member of CIArb and Committee member NW Branch
  • Member of TeCSA
  • Member of the Adjudication Society
  • Member of SCMA
  • Mediation panel member of Effective Dispute Solutions Limited

Endorsements

“He was clearly acquainted with the issues and had read the papers. His experience was evident and he inspired confidence from the outset” Pat Albaster Ian, Simpson & Co solicitors

“The case was settled. Mr Salmon demonstrated a comprehensive understanding of the legal issues. He had read the papers thoroughly and handled the mediation and in particular the parties aspirations sensitively. His conduct in the matter was instrumental in the parties reaching a settlement.” Nick Johnson Glaisyers solicitors

“His skill at conciliatory mediation was in my opinion, the catalyst to the agreement reached…”. “…both parties… have continued to trade…” “I greatly appreciate the efforts of [Ken] and recommend him highly.” Q Flooring Systems Limited

“…Mr Salmon put our client at ease and had clearly read and understood all of the documentation provided to him in advance. He took a flexible approach to the mediation and ultimately the dispute was resolved without the need for the usual round-table session. Mr Salmon came across as knowledgeable and familiar with the law, the type of dispute and the mediation process. The over all impression was that Mr Salmon was a very experienced and competent mediator.” Pannone solicitors

“I appointed Ken Salmon as mediator on a construction dispute which had being on going for a significant period of time with the costs of litigation a concern for all. Through his calm, organised and commercial approach Ken was able to help negotiate a settlement which was satisfactory to the parties when this had appeared unlikely prior to his involvement. I would instruct Ken again and would recommend him to mediate on disputes of this nature.” Richard Preston, Beswicks solicitors Stoke on Trent

Jonathan Tecks

ARBITRATION PRACTICE

Issued over 175 arbitration awards
Member of the Chartered Institute’s Panel since 1995;
Member of the Commercial Scheme and Mortgage Code Panels;
Review Arbitrator for Travel Scheme Arbitrations;
Appeared as counsel in construction arbitrations.
Co-author of ‘The Arbitration Act 1996 – A Commentary’ published by Blackwell Publishing: fourth edition August 2007.

MEDIATION PRACTICE

CEDR accredited, involved in over 30 mediations;
Mediated commercial mediations as sole mediator, joint mediator and party representative
Mediated court-annexed and community mediations.

ACADEMIC POSTS

Principal Lecturer, University of the West of England with responsibility for E-Learning, since 2002;
Senior Lecturer, UWE, 1999-2001;
Associate Course Director for the Diploma in Arbitration, College of Estate Management, Reading;
Lead Assessor for Mediator Accreditation Assessments, Chartered Institute of Arbitrators.
Past Chairman, Examinations Board, Chartered Institute of Arbitrators.

PRACTICE AT THE BAR

Sole practitioner (as arbitrator and mediator) in commercial, property and construction work, based in Taunton since 2003;
1995-2003: Littman Chambers (Mark Littman QC), 12 Gray’s Inn Square,
1989-95 : 3 Paper Buildings (Thayne Forbes QC);
1980-89 : 10 King’s Bench Walk (Kenneth Zucker QC).

Areas of Experience Include

Commercial:

  • Agency
  • Commercial agreements
  • Franchising agreements
  • Financial regulation
  • Jurisdiction across borders
  • Mortgages
  • Partnerships
  • Professional negligence
  • Sale of goods

Property:

  • Boundaries
  • Business tenancies
  • Easements
  • Joint ventures
  • Landlord & tenant
  • Registered land
  • Restrictive covenants
  • Stakeholders
  • Vendor & purchaser

Construction:

  • Ad hoc contracts
  • All-weather surfaces
  • Defective design & construction
  • Nuisance
  • Performance bonds
  • Residential, commercial and industrial premises
  • Standard form contracts
  • Welding standards