LAW – LEGAL – BARRISTER
– MEDIATION – ARBITRATION
Andrew Parsons FCIArb
Barrister – Mediator – Arbitrator
Business & Commerce • Family Finance • Finance
Personal Injury • Professional Negligence •
Property
Introduction
This is a deliberately simple website.
It tries to use plain English to make it easier to understand.
It tries to give brief details of the professional legal services
provided by Andrew Parsons.
If you have any queries, please contact his Senior Clerk & Executive Manager Jackie
Morrison. Tel: 023 9283 1292. Email:
[email protected]
Background
Andrew
Parsons is an experienced barrister, mediator and arbitrator. He founded the
Qualifications
LLB
(Hons) (
Called
to the Bar by The Honourable Society of the
Accredited
Commercial Mediator, 1998
Fellow
of the Chartered
Areas of Expertise
(Listed
with brief details in alphabetical order)
Ø Business & Commerce: agency • building & construction • carriage
of goods by road – CMR work • carriage of goods by sea – shipping “dry” work,
especially cases concerning containers • company, especially share sale &
purchase agreements & disputes between directors & shareholders •
commercial contracts • franchises • intellectual property, especially
confidentiality, copyright, database right, design right & passing off •
undue influence • joint ventures • partnership.
Ø Family Finance: especially more complex &/or higher value
ancillary relief & cohabitee cases involving companies, partnerships,
pensions and trusts. He has acted in a number of high value “celebrity” cases.
Ø Finance: banking • broking • consumer credit • financial
services • guarantees & indemnities • insolvency • loans • lease purchase •
mortgages • pensions.
Ø Personal Injury: especially more complex &/or higher value
cases involving points of principle, significant alleged loss of income,
profits or pension benefits & provisional damages. He is on the panels of a
number of Insurers.
Ø Professional Negligence: especially cases concerning accountants,
administrators, agents, architects, auditors, brokers, doctors financial
advisers, liquidators, receivers, solicitors & surveyors. He has been
recommended as a leading barrister in the field of professional negligence in a
number of publications, including The Lawyer. He was on the former SIF panel.
Ø Property: boundaries • development • easements, including
rights of way and rights to light • estate agents’ commissions • constructive
trusts • Inheritance Act • options to purchase • party walls • property sale
& purchase, especially cases involving alleged misrepresentations by
sellers • proprietary estoppel • Trusts of Land & Appointment of Trustees
Act.
In
real life, cases do not fit into neat categories. Nor do the means of resolving
them. A key advantage to instructing Andrew is that he is versatile, having
experience and expertise in overlapping categories of work, not only in
litigation but also in mediation and arbitration.
Notable Cases: Andrew has
been involved in a number of notable cases. Some examples, where appropriate
with details changed to preserve confidentiality, are shown below.
Ø
BYRNE v HALL
PAIN & FOSTER & OTHERS
[1999] 2 All ER 400 (Court of Appeal) – Advised and represented
the defendant surveyors at trial, on appeal before the High Court and then on
second appeal before the Court of Appeal in what remains the leading case
concerning when the limitation period begins to run in respect of a claim by a
house purchaser against an allegedly negligent surveyor/valuer. The claim was
struck out.
Ø
X v A (Unreported - Court of Appeal, June 2002) – Represented
the defendant sellers at trial and then as junior counsel on appeal in a case
that concerned a claim by commercial agents for payment of a commission
relating to an approximate £9m share disposal. This case involved important
issues such as whether the agents were entitled to commission even though they
had not introduced the purchaser.
Ø
McMEEKIN v LONG [2003] 29 EG 120 (Astill J) – Represented the claimant
buyers of residential property in what remains the leading case concerning
misrepresentations allegedly made by a seller to the buyer in a Sellers
Property Information Form (SPIF). The claimant buyers successfully sued the
defendant sellers for making fraudulent misrepresentations to them both in
conversation and in a SPIF. This case emphasises the significance of the SPIF
to the modern conveyancing process. It is also potentially relevant to the
proposed Home Information Pack (HIP). Andrew has subsequently dealt with
numerous cases (for claimants and defendants) involving alleged
misrepresentations and/or non-disclosure by sellers of property to buyers.
Ø
X
v A & Others
(Unreported – High Court Chancery Division, 2003) – Advised and represented the
claimant clothing company in a commercial case concerning breach of
confidentiality, breach of copyright, breach design right, breach of database
right, passing off and conversion. Appeared for the claimant at the emergency
hearing of its application for a search and seizure (Anton Piller) order that
when executed produced a wealth of material to support the claimant’s case.
Settlement reached soon afterwards, on confidential terms favourable to the
claimant.
Ø
X & Y v A
& B (Unreported –
Court of Appeal, 2004) – Advised
and represented the first
defendant tug hirer as junior counsel in an appeal that concerned the indemnity
provisions in BIMCO “Towcon” standard form contract for international towage.
The appeal failed but left open issues such as whether the sub-hirer was
entitled to rely on terms contained in the main hire contract. The case
subsequently settled on confidential terms.
Ø X & Y v A
& Others (Unreported – High Court Chancery Division,
1999-2006) – Advised
and represented the claimants / petitioners in linked proceedings. The
background facts were quite complicated. They essentially concerned the
acquisition and development of commercial properties. There were multiple
disputes concerning the shareholding in one company, claims that property was
held on constructive trust, a claim by petition seeking relief under s.459 of
the Companies Act 1985 and claims seeking damages for fraud, conversion, breach
of fiduciary duty and breach of shareholders’ agreement. Knowledge and
experience in company and property work was essential. There were numerous
interim hearings, including hearings of applications for injunction orders,
specific disclosure orders, orders striking out parts of claims and defences.
The lengthy procedural skirmishes finally dispensed with, the cases were set
down for a 15 day trial in early 2006. In late 2005 represented the claimants /
petitioners at a mediation meeting which resulted in a settlement being reached
on confidential terms that secured for them an important benefit they could not
have secured from the court.
Ø X v A (Unreported –
High Court Family Division Principal Registry, 2006) – Advised and represented the applicant
wife in a high value ancillary relief case in which the husband was a well
known celebrity. The case was complicated by the husband having numerous
properties and numerous different companies and other business ventures in the
Ø X & Others v
A & B (Unreported – Southampton County Court, 2005-2006) – Advised and represented the claimant
owners of various properties who claimed injunction orders, declarations and
damages in a case concerning rights of way over and obligations to maintain and
repair a shared driveway. Represented them at a mediation meeting that
unfortunately did not lead to settlement and then at a 11 day trial – the
claimants ultimately securing, either by concession or by court order nearly
all of the remedies and relief they had sought as well as an order for costs
against the defendants.
Ø X v A (Unreported –
Southampton County Court, 2005-2006) – Advised and represented the defendant Part 20 claimant
Independent Financial Adviser who had been sued for alleged loans and
claw-backs of commission and had counterclaimed seeking substantial damages for
breach of contract, conversion, wrongful interference with business and
interference with business by wrongful means. Represented him at numerous
interim hearings, including hearings of applications for delivery up orders,
specific disclosure orders, orders for information and documentation to be
provided, orders striking out parts of the claim and ultimately orders striking
out the whole claim and seeking summary judgment. Represented him at a
mediation meeting that did not lead to settlement but ultimately (in the face
of his application for strike out/summary judgment) a settlement was reached on
confidential terms very favourable to him.
Ø X v A &
Others (Unreported – High Court Chancery, 2005-2007) – Advised and represented the claimant /
petitioner shareholder and the company in linked proceedings. The main claim
was against a co-shareholder and company secretary for breach of fiduciary
duty, breach of duty of fidelity and conversion, essentially because it was
alleged he had diverted business and business opportunities to another company.
An additional claim was made against that other company. The co-shareholder and
company secretary in separate proceedings claimed sums allegedly due to him
under a shareholders’ agreement. An emergency hearing took place at which
various orders, including delivery up orders were sought and at the last minute
delivery up of documents belonging to the company took place. In late 2006
represented the claimant / petitioner at a mediation meeting which resulted in
a settlement being reached on confidential terms.
Ø X v A & Others (Unreported, Bristol Mercantile Court,
2003 to date and continuing) – Advised and represented the
claimant in a fairly “heavy” property case involving allegations of
misrepresentation about the adequacy of flood prevention works and breaches of
the Defective Premises Act. Appeared for the claimant at the 8 day trial on
liability in December 2005, February 2006 and August 2006; and (after judgment
was given in favour of the claimant on liability with damages to be assessed)
at a 2 day assessment hearing; and
hearing in November 2006 of the claimant’s application for orders under s.51 of
the Supreme Court Act 1981 that the two directors of the company pay costs
personally – an application that was successful. An appeal hearing is currently
due to take place before the Court of Appeal later this year.
Travel: Although based in
The
fact that a case involves parties, Solicitors and/or other representatives who
are nowhere near
Fees: Fees vary
according the value of the dispute and/or how complicated it is. Hourly rates
of charge generally vary from £150 to £250 per hour, although special fee rates
may apply in respect of cases were substantial work is required. All fees are
subject to negotiation with Senior Clerk & Executive Manager, Jackie
Morrison. By prior arrangement, work may be sent without obligation for
consideration by Andrew and if no fee can be agreed will be returned without
charge. Fees as an arbitrator or mediator also vary, but as a rough guide are
approximately £1,500 per day.
Some
examples are as follows:
|
Item |
Fee |
|
Telephone
advice in a case valued at £10,000 requiring 30 minutes preparation and 30
minutes on the phone |
£150.00 |
|
Written advice
in a case valued at £100,000 requiring 2 hours preparation and 4 hours to write the advice |
£600 |
|
Attending a
Court hearing in a case valued at £500,000 requiring 10 hours preparation and
8 hours at Court |
£3,600 |
These
fees add
As
a general rule, Andrew’s fees need to be paid in advance, or at least money
paid on account of his fees to the instructing solicitor.
As
a matter of principle, Andrew does not undertake any work on a conditional fee
agreement (CFA) basis. He works completely free-lance and independently, trying
to give objective advice and other services.
Jackie Morrison: Jackie is an experienced senior barrister’s clerk
who has worked closely with Andrew for over 15 years. She manages his practice
as a barrister, mediator and arbitrator, as his Senior Clerk and Executive
Manager. Prior to becoming a barrister’s clerk she worked as the practice
manager for a large firm of solicitors with many offices on the
Service commitment: We will do our
best to provide a fast, friendly and efficient service.
How can Andrew Parsons help?
Andrew
may be able to help you in various ways:
1) As a
barrister:
Ø Drafting
or reviewing documents
Ø Giving
advice, either on the telephone, in a meeting or in writing
Ø Appearing
as an advocate in Court, arbitration, mediation or other ADR process
Andrew likes to become involved in a case at the
earliest possible stage, long before the dispute escalates to expensive litigation.
A particular specialist area of his drafting work
is preparing standard terms and conditions of contract, pre-nuptial agreements,
cohabitation agreements and separation agreements.
A particular specialist area of his advocacy work
is appearing at emergency hearings where time is of the essence, for example
emergency injunction hearings, and appearing for parties at mediation meetings,
where he is able to use his experience as a mediator to good effect.
In some cases it may be possible to instruct him
direct without instructing a Solicitor, because he is qualified under the
Public Access scheme. Generally speaking however, as most of the cases he deals
with are fairly complicated and the sums in dispute and/or issues in dispute are
important for the parties, he prefers to act on instructions from a Solicitor
or other professional person suitably qualified for the particular case, such
as an Accountant, Architect or Surveyor.
2) As a Mediator:
Ø Administering
the Mediation
Ø Conducting
a Mediation Meeting with the parties and their representatives in a
confidential setting, helping them try to settle their dispute
Ø Assisting
in preparing the terms of a settlement agreement
Ø Saving
the parties the expense, stress and upset of litigation
Andrew is an experienced mediator. He was one of
the first barristers to become qualified as a commercial mediator nearly 10
years ago. He is a founder member (and now chairman) of a multi-disciplinary
mediation service provider –
3) As an Arbitrator:
Ø Administering
the Arbitration
Ø Considering
the competing cases of the parties and if appropriate conducting an Arbitration
Hearing with the parties and their representatives in a confidential setting
Ø Making
a decision (issuing an Award) that decides the dispute
SUMMARY OF SERVICES
► BARRISTER SERVICES ◄
Expert advice, drafting and advocacy representing
parties in Court, at a tribunal, in Mediation, or in other dispute resolution
processes
► MEDIATION SERVICES ◄
Expert help as a Mediator appointed by the parties
to help them try to settle their dispute
► ARBITRATION SERVICES ◄
Expert help as an Arbitrator appointed by the
parties to make a decision about their dispute
PICTURES
Andrew
Parsons