Mediator Profile - John Byrne

"...by far one of the best mediators we have ever used"
Solicitor

Profile Summary

John Byrne is an experienced mediator and solicitor.  A law graduate of Trinity Hall, Cambridge, he was admitted in 1978 and worked as a litigator with Harbottle & Lewis before setting up his own practice in Covent Garden, London, in 1987. 

John now concentrates principally on mediation.  Accredited as a mediator by CEDR (since 1999) and by the ADR Group, he is also a:- 

• member of the Court of Appeal Panel of Mediators
• practitioner member of the Law Society’s Civil/Commercial Mediation Panel
• founder member and director of the Association of Cambridge Mediators

 

Full Profile

John Byrne is an experienced mediator and solicitor.  A law graduate of Trinity Hall, Cambridge, he was admitted in 1978 and worked as a litigator with Harbottle & Lewis before setting up his own practice in Covent Garden, London, in 1987.  The practice covers commercial and other litigation of all descriptions and has handled many High Court trials and appearances in the Court of Appeal.  

John now concentrates principally on mediation.  Accredited as a mediator by CEDR (the Centre for Effective Dispute Resolution) in 1999, he is also accredited as a mediator by the ADR Group. In addition he is a:- 

• member of the Court of Appeal Panel of Mediators
• practitioner member of the Law Society’s Civil/Commercial Mediation Panel
• founder member and director of the Association of Cambridge Mediators

 

Personal Style and Feedback

John’s friendly and straightforward mediation style is based on firm mediation principles.  He has particular expertise in resolving complicated or difficult disputes which require more than usual clarity of thought, empathy and patience. 

"I …ought to thank you for such skilful handling of the mediation!  There were some forceful personalities involved that you dealt with with aplomb.  I must say I was surprised that we got to a successful conclusion, but I am very glad of it …… I…shall look forward to working with you again." Solicitor, Partner

"Mr Byrne showed great skill, perseverance and tenacity in helping to resolve [the dispute] in a way which was satisfactory to the parties." Solicitor

"Very tactful.  Impressed.  John Byrne did a good job … a new experience for me with this legal dispute that [had] gone on for far too long." Client

"It was lovely … great.  Thanks for everything." Partner

"… excellent work …" Client

"Good people skills (in particular with the lay party on the other side) … [the] mediator’s skill in dealing with the lay client helped achieve resolution." City Solicitor

"It was truly a pleasure to meet you .. yesterday .. your mediation is a fantastic service that I would highly recommend to anyone." Client, Businesswoman

"...you did a great job..." Client

"… sensitive to the issues and expressed proper understanding. …. John Byrne is by far one of the best mediators we have ever used.  He was able to quickly get to the heart of the matter and bring about a satisfactory settlement …" Solicitor, Partner

Dispute Resolution Experience

Commercial/Business

• Claim by a motor manufacturer against one of its dealers upon the termination of their relationship, and a counterclaim for defamation.
• Dispute between two major insurance companies, involving sums of approximately £1.3 million, arising out of the alleged infringement of the copyright in a particular document forming the basis of a tax avoidance scheme.
• Legal proceedings by a franchisor against a franchisee to enforce the terms of their agreement.
• A claim by one party against former friends for repayment of £100,000 claimed to be a loan, but alleged by the others to be an investment in a limited company and payment for services.
• Claim for an instalment claimed on the sale of a business, supplying training to schools, disputed when a major contract was not renewed.
• A claim by a broker for commission on the sale of a business, which in the event the defendants had sold themselves, hotly disputed with numerous legal issues raised by counsel.
• Claim by a software developer for services rendered in devising a program for handling a high class food takeaway service over a large area.
• Dispute involving a major pop group and two record companies about the rights to the group’s services, including claims for lost royalties in respect of recordings and music publishing, the amount in issue being in excess of £1 million.
• Dispute between a studio and a charity as to the copyright in certain films.
• Claim by a job brokerage service against a development trust for fees, where the employment results were poorer than expected.
• Claim by an IT consultant for fees due from an employment agency to his service company.
• Claim against the owners of a caravan park and entertainment complex by several caravan owners alleging overcharging, with separate proceedings for slander, and a and counterclaim alleging fraud.

 

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Construction and Engineering

• Claim by a contractor against a district council in respect of work done under a long-term contract with the council at various sites, which was alleged by the council’s internal surveyor to be insufficient or defective.
• Claim by a house-owner against a builder arising out of a substantial redevelopment.  The claimant said the work was defective and the builder alleged that he had received substantially less money than claimed.
• A dispute about the supply and installation of allegedly defective double-glazing units.
• Counterclaim by a builder/designer against a joinery sub-contractor for allegedly late and defective work.

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Housing Landlord/Tenants

• Commercial landlord’s claim for approximately £230,000 arising out of the alleged termination of a lease, including dilapidations and lost rent.
• Case proceeding in the Court of Appeal between lessor and lessee about the service charge provisions in long leases of a property in Chelsea divided into flats
• Dispute over possession of a flat forming part of a country mansion, the case turning on the provision of suitable alternative accommodation by the landlord for the tenant under the Rent Acts
• A long-running and complicated dispute between long leaseholders and a landlord company about excessive service charges over a number of years.  The case went to the old Leasehold Valuation Tribunal and was finally resolved by mediation before county court proceedings.
• A claim by the landlord of a restaurant against a non-English-speaking tenant for alleged arrears of rent, settled on the basis that the tenant took a new lease on agreed terms.

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Partnership/Shareholder/Joint Venture

• Legal proceedings between three business partners about a speculative property development of holiday homes in Turkey
• Dispute between dentists in partnership over the division of the business
• Claim by one business partner against another for £300,000 arising out of the running of a sea-front entertainment area and pub
• A dispute between long-standing business colleagues, who were fellow shareholders, as to whether a buy-out payment of £400,000 remained payable after the business fell into difficulties and as to whether money was due under an overdrawn capital account.
• A claim by a property investor against his business partners for the return of an investment of about £90,000.
• Claim by a professional man against his former partners following the termination of his consultancy arrangement, including a claim for loss of his consultancy fees and his share of earnings.  The former partners denied the alleged terms of the agreement.  There had been a long history of accumulated resentment.

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Property

• Court of Appeal case arising between the buyer and seller of a commercial property (a warehouse) about the installation of services, valued at £212,000.
• Dispute between a smallholder and a neighbouring property developer over the ownership of a long strip of land at the boundary, claimed by the developer in the course of the building of new houses.
• Long-running and exceptionally acrimonious dispute between neighbouring property owners in the country over the use of a right of way, forming the only access to one of the properties, including allegations of assault and proceedings for contempt of court for breach of undertakings.
• Dispute between the managing committee of council allotments and two allotment holders as to the use of their allotment, involving allegations of misbehaviour by both sides, resulting in an agreement as to the future.
• A claim by a charity against a property owner alleging mistreatment of numerous dogs, removed by the charity from the property under a warrant, the allegations being vigorously denied and the owner claiming the return of the dogs in county court proceedings.
• A boundary dispute between two sets of suburban house-owners following a county court trial but before the hearing of an appeal in the Court of Appeal.

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Dispute Types - Case Summaries

Cohabitees

• Claim by an older man against his former cohabitee in respect of a house put into her name, with provision for a profit share.
• A dispute between former cohabitees about the ownership of property, including a house built by one of the parties, and related matters.
• Claim between partners alleging fraud in connection with the purchase of a residential property and ancillary transactions.

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Employment and Workplace

• A highly-charged sex discrimination claim, including claims of harassment, unfair dismissal and breach of the Working Time Regulations
• Proceedings for unfair dismissal by a long-standing manager against a business owned by two families, the employee allegedly having been involved in fraudulent activity.
• A claim of discrimination against a bank by a customer arising from the alleged failure of the bank to cater properly for a person with an extreme stammer, so serious as largely to prevent oral communication.
• Proceedings for sexual harassment and unfair dismissal at a stables.

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Professional Negligence

• Professional negligence claim against solicitors in a conveyancing transaction, for allegedly failing to advise about a proposed development nearby.
• Professional negligence claim by a doctor against his solicitors acting for him in regulatory proceedings, where the doctor’s application for judicial review was out of time.
• Claim for professional negligence against solicitors acting for the purchaser of a rural property who omitted to ascertain by an additional enquiry on their local search that there was a public footpath across the property bought, the dispute being as to the measure of damages.

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Wills/Probate/Family Trusts

• Claim by a grandson that his aged grandfather was not competent to make his second will, under which the grandson was excluded from the estate.
• Dispute between two families and a local authority when a deceased person’s ashes were mistakenly buried in the wrong burial plot, involving proceedings in the diocesan Consistory Court.
• A dispute between middle-aged siblings, an estranged brother and sister, over the distribution of their mother’s estate by one of them as executor.
• Claim by one sibling as beneficiary against another as executor for loss arising from the delayed disposal of their mother’s house.
• A claim by a nephew against his uncle as to the entitlement to a legacy under his grandmother’s will.
• A dispute between a brother and sister over their mother’s estate, also involving other relatives, the brother challenging the will on the basis that the mother was allegedly not of sound mind when she made it.

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Other Dispute Resolution Experience

• John acted as a community mediator for a number of years and mediated neighbour disputes.  He also acted as a de-briefer for other mediators.

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