Richard Schaverien. Mediation Expertise. Building disputes Partnership disputes Personal Injury and clinical negligence

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1 CEDR Accreditation CEDR Mediation Panel: Registered Mediator with the Civil Mediation Council: Languages: Location: English United Kingdom Richard Schaverien His style of ease and confidence let the parties resolve the issues without the usual volatile situations that can arise. Mediation Feedback Overview Richard Schaverien has been an active mediator for over 15 years and has used his skills and experience in a wide range of sectors to assist parties in the settlement of their disputes. Professional Background Richard was the Managing Partner of Howlett Clarke Solicitors, Brighton & Hove for a period of 10 years and up until Although ceasing to be a Partner in 2010, Richard remains a full time Consultant Solicitor with the practice having been admitted 30 years ago and practices in the fields of civil & commercial litigation, personal injury and professional negligence claims. He works with both corporate and private clients. Mediation Expertise General Commercial Litigation/disputes Professional Negligence Civil Litigation/disputes Landlord & Tenant/property Building disputes Partnership disputes Personal Injury and clinical negligence

2 Personal Style Richard describes his style as persistent, yet calm, facilitative and creative. Richard has been described as an attentive listener, receptive, able to grasp issues quickly, equitable between the parties and able to keep them focused, and supportive throughout the process. Feedback Richard s handling of the case was instrumental in the parties reaching a mutual settlement in a very tricky case. I doubt a trial (which would not have benefitted either party) could have been avoided without his involvement Richard was scrupulously fair had an excellent grasp of the issues, a real will to work with the parties to reach a mediated settlement and a gentle nice friendly manner Richard knew what he was doing, took the correct approach and did what he could to break the deadlock where he was finally successful. In terms of style, Richard was very laidback and punctilious about playing an even hand with both sides. There was a lot at stake and it was good to have someone in the room that understood that. Richard did well and had a good grasp of the issues. He was the right character as the subject matter of the dispute was very emotive. Richard showed empathy and was patient throughout. He did an excellent job. He did what a mediator should do: he listened and got us to reach an agreement. Dispute Experience: General Commercial Disputes Substantial contractual dispute between parties in relation to the provision of technological, communications and entertainment systems, and in particular as to the

3 duration of the contract, interpretation and as to alleged breaches, causation, quantum and/or mitigation of loss and resolved in relation to all such matters, the future and continuation of the parties commercial relationship. Breach of fixed term consultancy agreement giving rise to claims for unpaid fees; notice period and expenses disputed upon the basis of fundamental breach and consequential counter-claim. Claims by residential lessees as against their Freeholder for 9 years of disrepair, loss of rental income and damages, resolved as to quantum and costs. Dispute by Claimant as against an IFA for compensation and other remedies in relation to an investment of life savings into unregulated investments by which the Claimant claimed in negligence, misrepresentation, breach of statutory and breach of fiduciary duty. The claim resolved both as to compensation and costs. TOLATA proceedings resolved in mediation both as to quantum and costs. Claim by employer as against former employees for breach of covenants as to confidentiality and following on from injunction relating to Claimant s client base resolved after extensive negotiations with terms reached, security provided, quantum and costs. Claim by a number of residents against national property developer for damages alleging negligence/nuisance in relation to a flooding of homes, proceeding to trial and involving issues as to collective ATE premium under Conditional Fee Agreement, leading ultimately to a settlement. Contractual claim by lead backing vocalist of tribute band as against both the band and its manager/agent for performance fees, DVD and CD performance rights including claims for exemplary and other damages. Resolved fully both as to quantum and costs. Claim for recompense for miss-selling of PPI, conducted entirely by telephone and resolved both as to quantum and costs (immediately pre-trial).

4 Concurrent proceedings between the same parties over a joint venture, loans and consequential claims arising, settled both as to issues and costs. Claim for breach of contract (pre-litigation) against County Council relating to supporting people funding, dispute involving substantial damages; property; "mistake"; resolved by way of settlement as to quantum; mediation fees; agreed communication with service users; and implementation of balance of contract (save for disputed aspects). Claim between manufacturer of goods and retailer for substantial compensation for breach of contract resolved by compromise being reached both as to quantum and costs. Claim by professional as government department for failing over a number of years to remunerate fees in accordance with statute/statutory regulation, whereby issues narrowed and alternative to trial identified and agreed upon as to further disclosure/documentation and basis for terms of settlement. Contractual dispute pre-litigation between former employee and Tertiary College of Further Education whereby the claimant claimed breach of contract by way of misrepresentation which was disputed factually and as to whether they were actionable. In the mediation, issued considerably narrowed as was quantum, the parties failing to achieve overall compromise but deferring settlement upon the basis that the claimant would not incur any further costs for a period of 28 days during which time the defendant would seek further authority/advice and that both final offers put forward by claimant and defendant would remain open for acceptance for a period of 35 days. Claims by a residents association of a very substantial Victorian property containing a large number of flats as against a major property developer in relation to the failure to eradicate dry rot manifesting itself 5/6 years after the development and as to consequential claims arising resolving issues as to liability and quantum. Dispute between parties (then as friends) in relation to the recovery of a business loan with interest set against a counterclaim for business interruption with removal/withdrawal of business tools, the internet website and a further dispute over

5 storage of possessions again set against storage charges. In the mediation, agreement reached with regard to quantum in relation to both claim and counterclaim; the return of stored possessions (by a neutral remover); but no final settlement yet concluded where parties could not agree upon term and instalments. Dispute between litigants in person relating to loan/investment by claimant in Defendant s business and for which judgement already entered for a substantial part of the claimant s claim, the balance in dispute by way of counterclaim to be the subject of the timed mediation and in respect of which the parties narrowed issues relating to the monetary element and those relating to property rights and other issues but upon which ultimate settlement not reached. Claim for damages arising out of breach of contract between buyer and seller over substantial retention monies and disrepair involving contractor as Part 20 Defendant, resolved by way of a tri-partite resolution both as to compensation and costs. Dispute between commercial agents and former lessee with regard to disposal of lease, involving issues as to back to back surrender and grant of new lease and consequential claims arising. Resolved both as to quantum and costs. Professional Negligence Claim in professional negligence as against solicitors resolved by way of contrite apology, explanation from the solicitors upon the Order giving rise to the claim, contribution towards further legal fees to enable implementation and otherwise resolved. Dispute between solicitors for outstanding fees with Defence and Counter-claim in professional negligence relating to representation in Court of Protection proceedings and subsequent involvement of the Deputy and compromise reached in those proceedings, with resolution being achieved in mediation both as to quantum and costs. Claim arose out of the professional negligence of solicitors in a property transaction by their failure to identify and resolve conflict between the equitable and beneficial interests. Liability, causation and quantum were disputed and resolved in the mediation together with costs.

6 Claim against solicitors in professional negligence for failing to advise upon details of local plan revealed in local search and as to development which would restrict if not remove unique view and outlook from property being purchased by claimant and in turn infringe privacy and reduce light. Proceedings commenced and related to purchase of property in 2001/2002 with a trial listed in four months. Claim resolved both as to quantum for diminution in value and as to costs. Civil litigation /disputes Property/Landlord and Tenant Dispute between commercial Landlord and Communities Association involving two sets of separate proceedings and Courts as to terms of renewal of Lease and in particular rent, arrears of utilities and other charges and related issues. Resolved both as to terms of new business lease and to take account of proposed re-development, formula as to proportionate responsibility for all outstanding charges and with each party bearing their own costs. Claim by local authority as against five lessees in a tower block otherwise occupied by council tenants for very substantial alleged arrears of maintenance due to the defective construction of the tower block effectively requiring recladding; new windows; and new roof. Issues complicated by alleged defective S.20 LL&TA Notices and application by council for exemption/declaration, accordingly. Compromise achieved by as to quantum and costs and structured basis for current/future arrears so as to avoid further LVT or court proceedings. Dispute between housing association and tenant relating to disrepair and arrears resolved by agreed schedule of works, timeframe and set off. Boundary dispute existing between neighbouring residential properties over a strip of land where mediation assisted both parties understanding the aims of the other, the use to which the strip of land could be put and resolution being achieved by the simple agreement of the moving of a substantial fence post from one side of the fence to the other thereby releasing sufficient room upon the Claimant s land to park an additional

7 car upon the driveway and without any undue interference to the Defendant s land resulting. Mediation resolved the claim and with each party bearing their own costs. Claim in relation to surveyor s fees arising out of a Party Wall Act dispute/award notwithstanding that the award had been annulled by subsequent County Court proceedings. Proceedings resolved with compromise upon quantum and staged payments and as to each party bearing their own costs. Claim between institutional landlord and tenant relating to substantial arrears of rent which were disputed. Substantial progress made in the mediation towards agreeing quantum. Claim by developer for design failure of substantial number of properties as against design engineer; structural engineer; and contractor; issues substantially narrowed and basis by which settlement by each Defendant achieved which would help lead to resolution. Contractual claim between developer and contractor relating to substantial property development, including claim and counterclaim. Resolved all issues with agreed damages. Dispute between commercial lessee and freeholder where remainder of block consisting of residential and claimant alleging breach of covenant against Freeholder and Managing Agents. Compensation claim compromised and terms agreed for future works. Claim for share in property under S.14 Trust of Land Act after 14 year relationship in relation to contributions and/or common intentions of the parties. Resolved fully as to amount of such share and as to costs. Building Disputes

8 Substantial claim by building contractor for outstanding fees against which counterclaim for defective/inadequate workmanship. Resolved as to quantum and costs with re-installation of part and supply of guarantees. Construction claim as against contractor for failure to construct building in accordance with specification both as to size and quality, resolved by financial compromise. Dispute between Club proprietors/trustees and building contractors concerning repairs to roof and alleged damage arising, resolved fully on terms. Claim by builder for the cost of extras/variations to building contract resulting Part 20 proceedings against architects/supervisor involving over 10 years of dispute and 7 years of litigation resolved both as to quantum between the parties and as to costs. Claim by lower ground floor flat owner as against building contractor in relation to extension and conservatory with under floor heating which failed requiring removal of tiled flooring and replacement in consequence and as to other issues arising relating to the performance of the overall construction. Settled both as to quantum, further performance of the contract and as to its supervision and with each party bearing their own costs (proceedings only having just been issued). Partnership Claim by partner against former partners for entitlement/share in business where no partnership agreement with proceedings having progressed substantially and joint valuation and accountancy expert evidence obtained by the parties with substantial issues in addition as to costs. Settled fully in mediation with agreed terms incorporating all aspects. Professional partnership dispute requiring mediation in relation to the following interrelated issued relating to the High Court Chancery injunctive proceedings in relation to the expulsion and subsequent re-instatement of the Claimant; the remuneration that was consequential upon that order and under the terms of the partnership agreement; and similarly under the determination of arbitration proceedings which subsequently resolved the validity of the expulsion of the partner; and as to costs. As a result of the mediation, the Claimant and former partners reached resolution upon all issues, quantum, terms of payment, and costs.

9 Costs Case Dispute as to costs liabilities of the parties following judicial review of professional regulators own disciplinary tribunal proceedings disputed by member of that profession, and pending Appeal to Court of Appeal. Dispute between building contractor and property developers post 5-day trial proceeding to Court of Appeal upon whether the trial judge failed properly to take into account Calderbank offers and or/part 36 in relation to substantial counter-claim judgment being for less than 10% of sums claimed, 50% having been abandoned pretrial and the remainder on judgment where parties costs to date approaching 500,000 with another 100,000 to Appeal/Detailed Assessment, complicated by partial CFA funding. Employment Claim by employee for stress-related injuries at work together with substantial claim for loss of earnings resolved by compensation coupled with appropriate acknowledgements; apology; and structured reinstatement. Dispute arising by way of an internal grievance procedure within large organisation resolved by way of compromise agreement dealing with both the past and so far as possible future environment. Personal injury and clinical negligence Claim by mother as against NHS Trust for neo-natal death of daughter with liability but causation and quantum in issue. Second Claimant, father, sought to make a claim as secondary victim which was disputed and would remain as such for public policy reasons. The parties were apart on approach to general damages (interpretation and reliance upon JSB Guidelines) and as to special damages. Nevertheless constructive negotiations took place for "global" settlement of the claims but did not narrow sufficiently to result in settlement. Highly charged and emotive mediation which was

10 substantially ameliorated, reasonable agreement upon JSB Guidelines and approach to quantum but no agreement as to the amount thereof. Claim for damages for serious injuries sustained as a rear (seat-belted) passenger in an RTA where after 5 years, substantial difference between the parties as to state of recovery and interpretation of video/surveillance evidence, with consequences as to general damages and especially as to loss of earnings, earning capacity in relation to whether the claimant could return to pre-accident employment as air crew and/or would have gained promotions, consequential differences then as to potential loss of future earnings, pension and care. Resolved upon all aspects in the course of the mediation both as to compensation and liability as to costs. Claim for damages for personal injuries and consequential losses arising as a result of unlawful arrest and/or false imprisonment. Resolved by letter of regret and compensation being agreed together with costs. Claim for personal injuries arising out of an accident at work where a 2½ ton sheet of glass fell on to the Claimant s knee causing serious and permanent disability. Whilst liability admitted, causation of subsequent PTSD denied and quantum upon all aspects including therefore, loss of earnings, earning capacity and Smith v- Manchester award all in issue. Claim settled in mediation both as to quantum for all aspects and as to costs. Claim against emergency services resulting in fatality, where not only liability but even if responsible causation and quantum disputed fully, with issues upon each aspect being narrowed within the mediation process, albeit that settlement not then achieved, but settled fully shortly thereafter. Claim for damages for personal injuries sustained as a result of defective equipment on holiday out of jurisdiction as against package tour company where liability refuted, together with issues both as to causation and quantum. Parties moved considerably closer in the course of the mediation process, including an apology; agreement as to the overall levels for General and Special Damages; and costs; but yet to actually agree a final figure for settlement, notwithstanding progress achieved.

11 Claim for Permanent Health Payments under insurance arising as a result of accident at work and in consequence of injuries and inability to return to gainful employment. Issues and quantum narrowed and by which parties were able to proceed to constructive Part 36 negotiations and subsequently settled. Richard has also represented clients in the course of mediations involving partnership disputes; professional negligence (solicitors); trusts; property disputes; landlord & tenant; contractual; product liability; and personal injury. Professional Skills Former Managing Partner of Howlett Clarke Solicitors, Brighton & Hove for more than 10 years and now a full time Consultant Solicitor within the practice, continuing as the training principal (up until 2013). Main areas of legal practice for both individuals and companies: Civil/Commercial litigation; Professional negligence claims and Personal Injury. Admitted as a Solicitor Member of the Civil Justice Committee of the Law Society; Member only of the Civil Mediation Council Limited; Member (former) of the LawWorks (pro bono) Mediation Scheme; Member of the Law Society s Personal Injury Panel for 20+ years; Panel Member of CEDR Emeritus Fellow of CPIL (College of Personal Injury Lawyers); Former Vice-Chair and former member of the Corporation of Brighton, Hove & Sussex Sixth Form College and having previously been Chair of the HR Committee. Social Interests playing jazz alto saxophone; music; theatre; reading