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Stephen Shaw (Senior)Mediator in London

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Stephen Shaw (Senior)

Qualifications:

LLB (Hons). University of Birmingham - Gray's Inn Junior Exhibitioner - CEDR Accredited Mediator - Deputy District Judge.

Services:

COMMERCIAL & PROPERTY DISPUTE MEDIATOR Landlord and Tenant: Property Litigation: Mortgages: Professional Negligence

CV

Stephen Shaw was called to the Bar in 1975 and has over 30 years experience of property and commercial litigation. He has acted in many high profile and leading cases. Stephen is recommended in Legal 500 and in Chambers & Partners Directory, where it is said that he " 'has the patience of a saint and the ability to put parties at ease in a calm and natural way.' His practice covers the whole gamut of commercial and property disputes. He is noted for his ability to build rapport with clients and keep them focused on the end goal."

He has also been appointed a Deputy District Judge on the South Eastern Circuit, and sits as a Legal Chairman of the London Leasehold Valuation Tribunal.

Stephen trained with CEDR, and attained accreditation in 1999. He has since acted in many mediations, achieving settlements in the overwhelming majority of cases. His patient but proactive style has made him a popular choice as Mediator.

Stephens area of practice covers:

Landlord and Tenant: including lease renewals under the Landlord and Tenant Act 1954, dilapidations and repairing covenants claims, lease construction, rent review, user disputes, alterations, alienation, assignments, sureties, new lease negotiations, service charge claims, forfeiture.

Property Litigation: including contractual disputes concerning sale/purchase of property, construction/enforcement of agreements, easements, boundaries, restrictive covenants, adverse possession
Mortgages: mortgage possession claims, overriding interests, undue influence, enforcement of guarantees and bankers' duties generally.

Professional Negligence: especially, solicitors, surveyors, architects, engineers

General Commercial: including all contractually based claims

Membership

Stephen was a founder committee member of the Property Bar Association, and has been cited by "The Lawyer" magazine as a leading property practitioner.

He now practises as a Mediator of property and commercial disputes.

Stephen is a member of:

  • Property Bar Association
  • Professional Negligence Bar Association
  • London Common Law & Commercial Bar Associations
  • Chancery Bar Association
  • Technology and Construction Court Bar Association
  • Member of the Chartered Institute of Arbitrators
  • CEDR Accredited Mediator
  • Associate panel member of the Dispute Mediation Consultancy
  • Panel Mediator of the Chartered Institute of Arbitrators



Interests

Cycling, Jazz, Amateur Magic, Gardening

Appointments

Deputy District Judge
Part-time Lawyer Chairman of London Rent Assessment Panel and Leasehold Valuation Tribunal

Reported Cases

Cohen & Others v Baram [1994] 1 EGLR CA, (arbitrator's costs)

Tye v House [1997] 41 EG 160 (property purchasers' lock-out agreements)

Bannister v SGB plc [1997] 4 All ER 129 (automatic strike out)

Giblett v P & N E Murray Limited
Times Law Reports, May 25th 1999 (psychiatric injury)

Edwards v Peter Black Healthcare (Southern) Limited Times Law Reports, May 27th 1999 (evidence and onus of proof)

Biguzzi v Rank Leisure plc
[1999] 1 WLR 1926 (Post-CPR Strike Out Applications)

Close Asset Finance Ltd v Care Graphics Machinery Limited Times Law Reports 21st March 2000 (Transfer of Title)

Surrey Asset Finance Ltd v National Westminster Bank plc Times Law Reports, November 30th 2000 (banking; conversion of cheques)

Battersea Freehold and Leasehold Property Co Ltd v Wandsworth London BC Times Law Reports 30th March 2001, 19 EG 148 (adverse possession)

Aran Caterers Ltd v Stepien Lake Gilbert & Paling
[2002] 1 EG 76 (solicitors' negligence)

Seechurn v Ace Insurance SA-NV [2002] 2 Lloyd's Law Rep 390 (CA) (limitation / equitable estoppel)

Dugmore v Swansea NHS Trust & Morriston NHS Trust [2003] 1 All ER 333; [2003] IRLR 164 (statutory duty - absolute liability)

Wilson v Truelove [2003] 23 EG 136 (a case involving the construction of an option agreement in respect of a farm , the rule against perpetuities, and issues of rectification and estoppel)

Experience

Stephen has experience in the following areas of practice:

Landlord and Tenant and Property related disputes - a regular lecturer to solicitors and other professionals on these matters; General Commercial; Employer's and Occupier's Liability claims.

A sample selection of Mediations conducted by Stephen is set out below:

  • A dispute between a property management company and property owners over rights and title to various vacant plots and roadways situate on an exclusive residential estate.
  • A dispute between property agents and developers over the remuneration terms agreed for location of a potential development site.
  • A professional negligence claim concerning industrial waste and pollution of a commercial property site.
  • A family dispute relating to an alleged life tenancy of part of a deceased parent's estate
  • A dilapidations and rent arrears dispute between landlord and tenant upon termination of a business tenancy.
  • A dispute between an employer and employee over alleged possessory title of agricultural property.
  • A commercial dispute between a business utilities provider, and a small business, alleging it was being charged exorbitant rates.
  • A boundary dispute involving two adjacent substantial residential properties, one of which had been extensively redeveloped, and the boundaries, allegedly, disturbed.
  • A service charge dispute between council tenants in a large estate, and the local authority.
  • A building dispute involving employers, architects, contractors and solicitors, concerning development and refurbishment of a local community centre, later found to be in breach of planning and building regulations.

 

Testimonials

 

A selection of recommendations from professional clients is set out below:

"I have appointed Stephen as a mediator on a number of occasions and suggested him as mediator on still more.  I have no hesitation in recommending Stephen as a mediator. He always shows sufficient patience and flexibility to gain the parties' confidence, and helps them to reach the nub of the matter.  He demonstrates insight and lateral thinking, so as to enable problems to be analysed in different ways. He is always optimistic, which encourages parties to believe that a mediated settlement is possible - and to achieve it."

"Stephen was well prepared and focused on the main issues. He had a calm, courteous and professional approach and, most importantly, was able quickly to gain the parties' trust. On several occasions the client was ready to walk. However, the manner in which Stephen handled the mediation persuaded him that it was worthwhile to stay. Stephen worked exceptionally hard to achieve a settlement and did an outstanding job in a difficult situation with strong willed parties."

"I have instructed Stephen Shaw as Mediator on a number of mediations.  I found him very user friendly and he always worked tirelessly towards achieving a settlement.  He was very good at establishing trust with each party.  I always receive positive feedback from clients after using him."

"Stephen Shaw dealt with mediation for me last year. It was a very difficult landlord and tenant matter contested strongly by both parties. After a day of intense negotiation with Stephen's sheer perseverance and tactics we managed to settle the matter. My client was needless to say delighted with the result."

"Stephen Shaw was instructed to act as mediator in a highly contentious dispute concerning development land. When agreement was eventually reached, it came about principally by reason of his efficient analysis and assimilation of each party's case and interests, and his sensitive assistance with, and where necessary prompting of, the negotiations. I have no hesitation in recommending him."

Publications

Stephen has written widely on property and mediation matters, most recently in Civil Court News, April 2008 (part of The Civil Court Practice (the Green Book), LexisNexis Butterworths), see the article "What Does the Mediator Want From You?" and in Estates Gazette (15th November 2008) "A New Direction".

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