Insurance. Personal Injury Construction & Engineering. Intellectual Property. Professional Negligence Employment & Workplace

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1 CEDR Accreditation: CEDR Panel Admission: Languages: English Location: United Kingdom Robust, sensible, good at knocking heads together and intensely pragmatic Paul Houghton Chambers & Partners Guide to the Legal Profession Overview Paul Houghton has mediated more than 400 disputes over the last 15 years ranging in size from those with no monetary element all (employment disputes) to to claims in excess of 20 million. Many of Paul s cases involve three or more parties Professional Background Paul qualified as a solicitor in Scotland in Having trained as a criminal lawyer initially, he moved to the firm of Bird Semple Fyfe Ireland to deal with commercial litigation matters until 1988 when he moved to DLA Piper in Leeds and re-qualified in English law. Paul was the partner in charge of commercial litigation and professional negligence at Lupton Fawcett for many years and still works with the firm as a consultant. Paul s work as a lawyer has covered all aspects of commercial law but with a particular emphasis on engineering related disputes. In professional negligence matters, he has acted for architects, engineers and surveyors on property and construction matters of all sizes, as well as for a large number of other professions such as accountants, Independent Financial Advisers, brokers etc. Expertise Commercial Contracts Insurance Personal Injury Construction & Engineering Intellectual Property Professional Negligence Employment & Workplace ICT Property Energy & Natural Resources Landlord & Tenant Reputation Management Fraud Partnership/Shareholder Trusts, Wills & Probate Healthcare Pensions Sale of Goods & Services 1

2 Style Paul is a commercial litigator and takes a robust approach to the issues and practicalities of the litigation process. Generally, feedback suggests that parties appreciate this approach, particularly in difficult mediations. Feedback Directories "Forthright yet polite" in his handling of mediation proceedings, Houghton is a favourite of many solicitors when it comes to commercial disputes. Sources say that "as an experienced commercial lawyer," Houghton demonstrates "an excellent ability to evaluate the strengths and weaknesses" of cases, but that he most impresses them by assisting clients to use mediation as a means of compromise. Interviewees are quick to acknowledge Houghton s common sense and straightforward approach to a wide range of commercial mediations. He cuts to the chase and has an ability to acquire the confidence of parties and resolve seemingly intractable disputes Robust, sensible, good at knocking heads together and intensely pragmatic Taken from Chambers & Partners Guide to the Legal Profession 2011, 2012 & 2013 Dispute Experience (Non-neutral work in italics) Breach of Confidence Disputes involving Personal guarantees; Leasing agreements Property charges As a lawyer, Paul has been involved in numerous cases which dealt with abuse of confidential information /breach of trust by employees/directors of companies - normally arising out of them setting up competing business. 2

3 Commercial Contracts Claims involving national distribution agencies; Advertising agencies; property agents; corporate sales agencies; fine art agencies. Disputes involving design and supply of engineering and scientific equipment; Dispute between a member of a Rotary Club and the other members as to his exclusion Printing machine installation and manufacture, print quality issues, contract disputes. Trade Associations Printing Contracts Food Industry claims Rail industry disputes Horticulture Accommodation contracts UK Government contracts Distribution contracts Farming disputes Anglo/Scottish disputes Franchise disputes Warranty disputes Construction & Engineering Quality of work issues Claims agent disputes Basis of payment disputes Contract administrator disputes Welding Contracts Disputes involving Boiler manufacture, shipbuilding, gearbox manufacture, brake disc manufacture, piston manufacture. Numerous construction disputes involving JCT/Standard term contracts acting for Claimants as well as for engineers, architects and surveyors sued for negligence in connection with this type of dispute. 3

4 Employment & Workplace Pre-dismissal mediations on disciplinary issues Directors service agreement disputes Death in service benefit claims against employers Wrongful dismissal Claims by directors for payments due on termination of appointment Energy & Natural Resources During his time at Nabarro Nathanson Paul was involved in a number of coal related disputes including running a 22m arbitration in connection with open cast mining. Fraud Directors officers fraud Corporate fraud Acted for a Chamber of Commerce in connection with a European/UK Government funded training scheme and a major fraud arising from it. Healthcare Disputes arising out of the termination of partnerships involving radiologists NHS trusts contracts medical equipment Insurance Property insurance Buildings cover Construction cover Personal injury Death in service cover 4

5 Permanent health cover, fire damage Intellectual Property Cases involving injunctions for breach of covenants and copyright infringement Claim against music publishing company for use of an idea submitted by claimant and rejected by the publishing company Dispute over ownership of tyre design ICT Information, Communications & Technology Disputes over design and supply of hardware and software Dispute between commercial retailer and online supplier of e-credits IT Contract disputes Landlord and Tenant Loss of tenancy disputes (farms) Housing Association/tenant disputes Partnership/Shareholder Solicitors practice disputes Non-professional business partnerships Personal business partnerships Commercial partnerships S459 Petitions Earn out disputes Pensions Claims involving pension trustees acting on or giving poor advice as to management of pension schemes Claims against administrators of schemes 5

6 major pension litigation involving breach of trust/fiduciary duties arising out of pension scheme shortfalls. Personal Injury Claims involving chest disease RTA accidents Sporting injuries Employment injuries. Professional Negligence Numerous claims involving architects; Accountants Surveyors Brokers Property agents Solicitors and financial advisors He has dealt with many cases for the insurers of negligent/fraudulent financial advisers. Property Family disputes over property ownership Loss of farm tenancy due to negligence of land agent Release of Retention Housing Association/tenancy disputes Licensing disputes between breweries and publicans Tree roots claims Damage to neighbouring property Dilapidation claims Disputes between residential property owners and managing agents Disputes with property developers 6

7 Overage agreement Commercial lease disputes Reputation Management Has both Yorkshire Television and Yorkshire Post newspapers in the past as well as acting for insurers of printers sued for defamation. Sports Multi million pound claim involving a football player injured in a bad tackle; Dispute between premier league football player and his agent Dispute between premiership football club and its ex-manager Dispute between the two chairman of competing local football clubs Trusts, Wills & Probate Disputes between beneficiaries to trust estates; Disputes with pension trustees; Family succession disputes Tolata claims generally Sale of Goods & Services Motor vehicle supply National supply agreements Haulage contracts Steel supply contracts Yacht chartering Lift maintenance Advertising campaigns International recruitment contracts 7

8 Other dispute resolution experience Paul has taken an active role in the development and marketing of ADR in Yorkshire. In particular, he was the architect with one other lawyer of the Leeds Court Mediation Scheme recently approved by the Lord Chancellor s Department. This is the only Court recognised scheme in the UK outside the Central London County Court Scheme. Paul has also ensured that as many of the litigators at Lupton Fawcett as possible are involved as observers at mediations carried out by the mediators in the practice to ensure that they have a full grasp of what is involved and how the process works in real life cases. Other skills Paul can speak French to a better than basic standard and has some conversational German. For the last 5 years, he has been specifically involved in various aspects of the management of the practices he has worked in rather than just being involved as a lawyer. In particular, he is the IT partner at Lupton Fawcett, and has a particular interest in the development of that area of the business. He is also the partner responsible for dealing with the European professional network of which the firm is a member, Euro-Defi, and he is a board member of Euro-Defi UK Ltd. Background Qualified as a solicitor in Scotland in 1984 and in England in Partner and later head of commercial litigation at DLA Leeds ( ) Head of Litigation at Nabarro Nathanson, Sheffield ( ), Director in charge of Commercial Dispute Management at Lupton Fawcett LLP, Solicitors, Leeds until March Currently providing Litigation, Regulatory and Compliance services to Lupton Fawcett on a consultancy basis 8