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Russell Evans Senior MediatorMediator in London, Southampton, Oxford & UK

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Russell Evans Senior Mediator

Qualifications:

LLB (Hons), MCIArb, Solicitor, BILA, MPNLA, CEDR Accredited Mediator, Arbitrator

Services:

Mediation & Arbitration: Commercial, Sports & Insurance; Wills, Probate, Inheritance & Trusts; Property & Tolata; Director & Partnerships; Professional Negligence

Hobbies

In his spare time Russell enjoys and teaches Argentinean Tango dancing.

Reported cases

His reported cases include leading authorities on Directors Duties & Confidence - Brooks v Olyslager OMS (CA 1998), Capital Gains Tax - Goodwin v Curtis (CA 1998) and Professional Regulation and Advertising – A Solicitor v The Law Society of Hong Kong & Secretary for Justice (CFA HK 2003)

Russell also acted in one of the first appeals to the First Tier (Estate Agents) Tribunal in a case concerning professional conduct and fitness to practice OFT v Wren (2009) and has recently acted in a number of cases concerning freezing injunctions, fraud and public interest immunity - Costain Ltd v Wilson (2007), RBS Invoice Finance Ltd v Karia (2008) and R v Wilson (CA 2011) as well as cases concerning directors liability Barks v Instant Access Properties Ltd & Others (on-going) and cases before the Financial Services Authority.

Russell has conducted more than 300 professional negligence claims across a variety of professional disciplines including claims against solicitors, surveyors, valuers, engineers and insurance brokers.

Other cases in which Russell has participated include:

  • Passing off actions between international companies and brands
  • Claims involving international motor manufacturers and design defects
  • Claims in relation to insurance coverage arising out of fires at warehouse premises of a national company
  • Claims between international companies alleging breach of copyright and passing off
  • Claims between national banks and companies in relation to breach of factoring agreements
  • Claims arising out of sale of companies including breach of warranty, covenant, mis-representation and fraud
  • Restrictive covenant claims between companies and former directors in relation to competition
  • Claims in relation to franchise agreements, alleging mis-representation of financial history and projections and breach of service agreements
  • Claims between partners alleging mis-appropriation of assets and business
  • International property fraud
  • Domain name disputes
  • Probate actions including multimillion pound claims under the Inheritance Act 1975, claims in relation to undue influence, fraud, lack of capacity and mutual wills
  • Claims for undue influence and breach of trust in relation to property transactions
  • Dilapidations claims in relation to office and industrial premises
  • High value personal injury actions including claims against MOD
  • HMRC investigations and Insolvency

 

 

Leading appointments & clients

Russell has acted on behalf of FTSE 100 Companies, SMEs, High Net Worth Individuals/Times Rich List, Sports Stars & Celebrities in the UK, Europe, Far East & Americas as well as the ordinary man on the street and the disadvantaged.

Russell has also acted on behalf of International Prize Winning Scientists, Diplomats, the Law Society and International Banks and has experience of dealing with a wide diversity of cultures.

Russell has been appointed by the Football League to determine Sports Disputes. He has also acted on behalf of Premiership and England Football Players, Football Clubs and Club owners as well as Olympic participants and referees. His appointments include acting as Chairman of the Football Disciplinary Commission.

Russell has a creative and dynamic approach and has successfully acted in mediations between airlines, property and legal professionals, insurance companies, estates and beneficiaries, property owners, landlords and tenants, companies, directors and shareholders.

Testimonials

‘Russell was by far the most attentive, pro-active and hands on mediator I have used and his ability to rapidly hone in on the key issues and address them in a realistic and pragmatic way was highly impressive. His determination to get the job done with empathy, enthusiasm and energy stood out and I would highly recommend him accordingly.’ CH Ceo


‘I was delighted that we used Mr. Evans for our mediator. He made everyone feel at ease and it was not difficult to interact with him. At times, the mediation process was very difficult but he was generally calm and unflustered. He dealt with the most difficult situations very diplomatically and professionally. The Middle East Peace Talks could do with his diplomacy.’ EC MBE


‘Russell was perfect at his job. A sophisticated communicator - able to listen and hear and to know when to speak. He was very discreet. I hope never to be in such a tormented situation again, but will readily recommend Russell to others. I thank him from the bottom of my heart.’ Dr KO


‘Russell removed a lot of the stress that had been upon my shoulders for nearly three years. This would not be possible without the amazing work that Russell did. He was not afraid to ask the difficult questions and listened to the answers. Would I recommend him to anyone? The answer is a resounding YES. I am so glad I found him. There is no better person to have handled our case.’ KG 


‘I was very happy with the Mediation process. Russell Evans acted in a professional manner throughout and used a wealth of knowledge and experience to inform us. He was very easy to talk to and an excellent listener. A difficult family dispute that seemed impossible was resolved with a satisfactory conclusion in a matter of hours. I was very grateful that Russell conducted the Mediation with authority, wit and wisdom. I would not hesitate to recommend this service.’ JM 


‘The dispute was complicated. There was a great deal of animosity between the parties and I have to say that I had little hope that an agreement would be reached at mediation. There is no doubt in my mind that had Mr Evans not been as experienced as he was and had he not handled the mediation in a professional way no settlement would have been reached. I was impressed with his ability, communication skills and performance as a mediator. I would have no hesitation in recommending to future clients that they use his service as a mediator.’ MA Sol 


‘Russell Evans was perhaps a little more hands on than other mediators I've used before, which was refreshing and appreciated. Russell adopted a pro-active approach to facilitating dispute resolution, which assisted greatly in this particular case. Russell was also down-to-earth and friendly, and did an excellent job of helping the parties feel at ease. I would certainly use Russell again and recommend his services to others.’ PF Sol


‘A tough mediator with excellent commercial and costs awareness. I would not hesitate to recommend Russell. Amongst the best I have used.’ SL Sol


‘Russell was excellent in being able to bring this case to a conclusion in difficult circumstances.’ KR Sol


‘Russell Evans is fantastic - I cannot fault him and will definitely use him again.’ DA Sol 


‘You are amazing.’ Dr AI


 

Professional experience

Russell has extensive commercial litigation, arbitration and mediation experience and expertise inter alia across the following practice areas:

Commercial Contracts, Professional Negligence, Insurance, Sport, Company Director Shareholder and Partnership disputes, Restrictive Covenants, Passing Off, Professional & OFT Regulation, Employment, Trusts of Land, Contentious Probate, Commercial Property, Dilapidations, Landlord & Tenant, Directors Liability, Insolvency and HMRC Investigations.

His reported cases include leading authorities on Directors Duties & Confidence - Brooks v Olyslager OMS (CA 1998), Capital Gains Tax - Goodwin v Curtis (CA 1998) and Professional Regulation and Advertising - A Solicitor v The Law Society of Hong Kong & Secretary for Justice (CFA HK 2003).

Russell also acted in one of the first appeals to the First Tier (Estate Agents) Tribunal in a case concerning professional conduct and fitness to practice OFT v Wren (2009) and has recently acted in a number of cases concerning freezing injunctions, fraud and public interest immunity - Costain Ltd v Wilson (2007), RBS Invoice Finance Ltd v Karia (2008) and R v Wilson (CA 2011) as well as cases concerning directors liability Barks v Instant Access Properties Ltd & Others (on-going) and cases before the Financial Services Authority.

Russell has conducted more than 300 professional negligence claims across a variety of professional disciplines including claims against solicitors, surveyors, valuers, engineers and insurance brokers.

Other cases in which Russell has participated include:

  • Passing off actions between international companies and brands
  • Claims involving international motor manufacturers and design defects
  • Claims in relation to insurance coverage arising out of fires at warehouse premises of a national company
  • Claims between international companies alleging breach of copyright and passing off
  • Claims between national banks and companies in relation to breach of factoring agreements
  • Claims arising out of sale of companies including breach of warranty, covenant, mis-representation and fraud
  • Restrictive covenant claims between companies and former directors in relation to competition
  • Claims in relation to franchise agreements, alleging mis-representation of financial history and projections and breach of service agreements
  • Claims between partners alleging mis-appropriation of assets and business
  • International property fraud
  • Domain name disputes
  • Probate actions including multimillion pound claims under the Inheritance Act 1975, claims in relation to undue influence, fraud, lack of capacity and mutual wills
  • Claims for undue influence and breach of trust in relation to property transactions
  • Dilapidations claims in relation to office and industrial premises
  • High value personal injury actions including claims against MOD
  • HMRC investigations and Insolvency

Russell has been praised for his attention to detail and lateral thinking in highly complex cases. Indeed he has acted in cases with more than 45 Parties.

Russell has chaired grievance and disciplinary panels both in house and externally in organisations with more than 10,000 members. This has involved conducting hearings and receiving submissions not only from counsel but trade union representatives.

Russell also chaired an Audit Committee for many years which oversaw a £32 million pound development project.

 

 

Professional background

Russell has worked at Ashurst Solicitors (City of London) as well as Paris Smith and Eric Robinson Solicitors (Southampton).

He has acted on behalf of FTSE 100 Companies, High Net Worth Individuals/Times Rich List, Sports Stars & Celebrities in the UK, Europe, Far East & Americas as well as the ordinary man on the street and the disadvantaged. Russell has also acted on behalf of International Prize Winning Scientists, Diplomats, the Law Society and International Banks and has experience of dealing with a wide diversity of cultures.

He has been appointed by the Football League to determine Sports Disputes. He has also acted on behalf of Premiership and England Football Players, Football Clubs and Club owners as well as Olympic participants and referees. His appointments include acting as Chairman of the Football Disciplinary Commission. He is also an Arbitrator & Mediator with Sport Resolutions a London 2012 Olympics partner. 

Russell has also chaired Audit Committees and a number of Grievance and Disciplinary Panels.

Russell is an active member of the approved panel of mediators for the London Courts Mediation Scheme and has participated as duty mediator at the Central London County Court.

 

CV

DMC - Quality Assured - Qualified

DMC Certified Associate

Russell is ranked as one of the UK's top 10 mediators on the 'Elite Mediators' list (September 2018)

Russell is a highly experienced full time Mediator and Arbitrator and has been described as 'outstanding' in his mediation practice. Russell has judged the Finals of the UK as well as International Mediation Competitions. Russell has also judged the Finals of the International Arbitration Competition. Russell is a Director and former President of the Hampshire Law Society as well as Chairman of its Litigation & Dispute Resolution and Professional Standards Committees. Russell is also a course assessor at Southampton University and lectures on mediation for the Law Society, RICS and CISI. He has chaired talks with Lord Briggs and Jim Al-Khalili OBE. He has also chaired a number of litigation conferences.

With over 25 years’ experience as a solicitor, acting as Head of Litigation & Dispute Resolution and Head of Professional Indemnity & Risk as well as in-house counsel, Russell combines very strong legal skills with a pragmatic approach to negotiation and risk management

Russell is an expert in commercialprofessional negligencesport and insurance as well as property, wills, probate, inheritance, trusts and the provision of care. He has conducted cases for parties based in the UK, Europe, USA, Russia, China, India, Middle East & South America including cases involving political figures and national governments. He has conducted mediations for ftse companies, government agenciespremiership football clubsworld sports championsnational charities with royal patrons as well as the family of a Law Lord. He has conducted mediations for many regional and national practices including the largest law firm in the world.  

 Russell has a passion for mediation and the revolutionary dynamic that this brings to the dispute resolution process. 

Russell who works from bases in London, Southampton, Oxford and Nottingham is available to conduct mediations throughout the UKThere is no charge for travel. 

‘Russell was by far the most attentive, pro-active and hands on mediator I have used and his ability to rapidly hone in on the key issues and address them in a realistic and pragmatic way was highly impressive. His determination to get the job done with empathy, enthusiasm and energy stood out and I would highly recommend him accordingly.’ CH Ceo 

‘I was delighted that we used Mr. Evans for our mediator. He made everyone feel at ease and it was not difficult to interact with him. At times, the mediation process was very difficult but he was generally calm and unflustered. He dealt with the most difficult situations very diplomatically and professionally. The Middle East Peace Talks could do with his diplomacy.’ EC MBE

‘Russell was perfect at his job. A sophisticated communicator - able to listen and hear and to know when to speak. He was very discreet. I hope never to be in such a tormented situation again, but will readily recommend Russell to others. I thank him from the bottom of my heart.’ Dr KO

‘Russell removed a lot of the stress that had been upon my shoulders for nearly three years. This would not be possible without the amazing work that Russell did. He was not afraid to ask the difficult questions and listened to the answers. Would I recommend him to anyone? The answer is a resounding YES. I am so glad I found him. There is no better person to have handled our case.’ KG 

‘I was very happy with the Mediation process. Russell Evans acted in a professional manner throughout and used a wealth of knowledge and experience to inform us. He was very easy to talk to and an excellent listener. A difficult family dispute that seemed impossible was resolved with a satisfactory conclusion in a matter of hours. I was very grateful that Russell conducted the Mediation with authority, wit and wisdom. I would not hesitate to recommend this service.’ JM 

‘The dispute was complicated. There was a great deal of animosity between the parties and I have to say that I had little hope that an agreement would be reached at mediation. There is no doubt in my mind that had Mr Evans not been as experienced as he was and had he not handled the mediation in a professional way no settlement would have been reached. I was impressed with his ability, communication skills and performance as a mediator. I would have no hesitation in recommending to future clients that they use his service as a mediator.’ MA Sol 

‘Russell Evans was perhaps a little more hands on than other mediators I've used before, which was refreshing and appreciated. Russell adopted a pro-active approach to facilitating dispute resolution, which assisted greatly in this particular case. Russell was also down-to-earth and friendly, and did an excellent job of helping the parties feel at ease. I would certainly use Russell again and recommend his services to others.’ PF Sol

‘A tough mediator with excellent commercial and costs awareness. I would not hesitate to recommend Russell. Amongst the best I have used.’ SL Sol

‘Russell was excellent in being able to bring this case to a conclusion in difficult circumstances.’ KR Sol

‘Russell Evans is fantastic - I cannot fault him and will definitely use him again.’ DA Sol 

‘You are amazing.’ Dr AI

Professional Background

Russell has worked at Ashurst Solicitors (City of London) as well as Paris Smith and Eric Robinson Solicitors (Southampton). Russell has also worked for the Red Cross. He is a member of the Civil Mediation Council and Chartered Institute of Arbitrators and has been a member of the elite CEDR Solve mediation panel. He was recently invited to the World Nuclear Summit.

He has acted on behalf of FTSE 100 Companies, High Net Worth Individuals/Times Rich List, Sports Stars & Celebrities in the UK, Europe, Far East & Americas as well as the ordinary man on the street, the disabled and disadvantaged. Russell has also acted on behalf of International Prize Winning Scientists, Diplomats, the Law Society and International Banks and has experience of dealing with a wide diversity of cultures.

Russell has acted in relation to the trials of medical equipment by the Space Agency as well as other clinical trials. 

He has been appointed by the Football League to determine Sports Disputes. He has also acted on behalf of Premiership and England Football Players, Football Clubs and Club owners as well as Olympic participants and referees. His appointments include acting as Chairman of the Football Disciplinary Commission. He is also an Arbitrator & Mediator with Sport Resolutions a London 2012 Olympics partner. 

Russell has chaired Audit Committees and Investigations into multi million pound fraud. He has also chaired a number of Grievance and Disciplinary Panels. He is a former advisor to Employment Tribunal Chairmen as well as the NHBC. He has also acted as a Property Adjudicator determining property disputes and dilapidations claims.

Russell has extensive experience of commercial disputes and professional negligence claims across a variety of professional disciplines as well as property, marine and commercial insurance claims including coverage issues. He also has extensive experience of contentious probate claims including claims for undue influence, proprietary estoppel, breach of trust, fraud, lack of capacity and claims under the Inheritance Act.  

Style

Russell is astute, perceptive and proactive with a warm embracing approach aimed at taking all parties on board. He is also sensitive to case dynamics and politics. Russell is prepared though to challenge assumptions, to provoke thought and think outside the box with a view to focusing on resolution.

 

 

 

Memberships

Russell is an Accredited Associate of the Dispute Mediation Consultancy and a member of the following :

  • Law Society
  • The Chartered Institute of Arbitrators
  • CEDR Solve
  • Chamber of Commerce
  • Civil Mediation Council
  • Professional Negligence Lawyers Association
  • British Insurance Law Association
  •   

Recent Mediation

Russell has a creative and dynamic approach to mediation and has successfully acted inter alia in mediations between airlines, property and legal professionals, insurance companies, estates and beneficiaries, companies, directors and shareholders as well as television and radio personalities and national charities with royal patrons. Russell has conducted mediations for the family of a Law Lord, a former Law Society President, FTSE companies, premiership football clubs and county councils. He has successfully mediated claims involving more than 200 parties and resolved disputes valued from £10thousand to £30million. He is officially recognised as an ‘elite’ mediator.

Recent cases have included:

  • • 8 party contentious probate including allegation of undue influence
    • Claim by company against directors for breach of restrictive covenants and competition
    • Contentious probate involving a farm, development land and deed of variation
    • Multi million pound company shareholder unfair prejudice claim including issues as to valuation and cross claims as to competition
    • Chancery claim in relation to a share purchase agreement arising out of company takeover including allegations of financial misrepresentation and cross claims in relation to service agreement and debenture
    • Judicial Review of County Council’s Policy on care home fees
    • Professional negligence claim involving accountants, 5 companies, director and HMRC investigation
    • Dispute re takeover of professional surveying practice
    • Boundary dispute involving landed estate and claim for adverse possession 
    • Construction Dispute re industrial infrastructure 
    • Contentious Property Trust including claim for undue influence
    • Mortgage Dispute
    • Dispute involving TV and Radio personality
    • Financial Director, Whistleblowing  & Breach of Duty  
    • Solicitors’ Professional Negligence
    • Insurance Coverage & Liability
    • Shipping Dispute
    • £7m dispute re Bank & Receivership 
    • Contentious Probate including Breach of Trust claim
    • Contentious Probate including claim for proprietary estoppel
    • Financial Services Dispute arising out of commercial contracts 
    • Solicitors Professional Negligence involving 2 proceedings & Court of Appeal
    • Commercial Franchise Dispute including issues as to performance, representation and termination
    • Management and direction of National Charity
    • Oil Consortium & IT Contract
    • Power of Attorney, Lifetime Gifts & Breach of Trust
    • Asset Finance Litigation involving commercial plant
    • £300k Commercial Property Dilapidations
    • Building Dispute at Landmark Ftse Company Development
    • Contentious Family Property Trust including Farm Development
    • 1975 Inheritance Act Claim by Adult Child including claim for Undue Influence
    • Premiership Football Club (Top Flight) & Football Player  
    • TOLATA Trusts of Land re farm and business enterprises
    • Company Share Purchase Dispute
    • Lifetime Gift of £1m Property – Undue Influence
    • Building Dispute involving leading University (World Top 10)  
    • Commercial Loan & Company Investment 
    • Multi Party Partnership Dispute involving an Estate 
    • Boardroom Dispute involving Government Agency and Whistleblowing 
    • Contractual Interpretation of Best Endeavours Obligation 
    • Dispute involving World Boxing Champion, Title Contender & Manager 
    • £2m contentious probate, property and investment trusts

 

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