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Malcolm Spence MA, LLM, FCIArb

  • Malcolm is a qualified: Arbitrator, Mediator
  • Called to the Bar in 1958
  • Appointed QC in 1979

General Information

Practising Barrister and Arbitrator
2-3 Gray’s Inn Square

Present Position : Queen’s Counsel, Chartered Arbitrator and Accredited Mediator

Dispute Resolution Training and Experience

August 1998 : Became ACIArb

February 1999 : Became FCIArb after attending the Chartered Institute’s intensive long weekend course on arbitration and passing their exam.

May 2000 : Passed RICS Arbitration Training Course at College of Estate Management with 87% and 93% and Principal’s observation of “simply outstanding”.

November 2003: Became Chartered Arbitrator

2006: Became Accredited Mediator

Career

1954 - 57 - MA in Law, Gonville and Caius College, Cambridge

1958 - LL.B (later converted into LL.M) Cambridge

1959 - Scholarship, Senior Exhibition and Prize at Gray’s Inn

1958 - Entered chambers of John Widgery QC (later Lord Chief Justice) where I still am.

1979 - Became Queen’s Counsel

1988 - Became a Bencher at Gray’s Inn

1994 - 98 - Chairman of Planning and Environment Bar Association.

Throughout practised predominantly in Local Government subjects, including particularly Town and Country Planning and valuation, the latter mainly in the Lands Tribunal and also, 5 times, in Singapore. Also before 1979 practised extensively in Landlord and Tenant work. 3 cases in Hong Kong, the last being in November 2005.

The work, as a barrister, in the Lands Tribunal and also in Singapore was almost entirely in connection with valuations. This is arbitration-type work; indeed prior to the setting up of the Tribunal in 1949 the work had for over 100 years been carried out by arbitrators. The generality of my work has involved a wide range of property problems and local government problems, including rights of way and of light, landlord and tenant, town and country planning, the environment, highways and transportation, compulsory purchase, rating and local government administration. Much of this must be suitable for mediation.

2002 - Major local government arbitration, Darlington Borough Council v Durham County Council, culminating in November with my hearing four days of oral submissions by counsel. My Award was challenged in the High Court where every point was lost.

2004/5 - Promoted major compulsory purchase order in Bury town centre, Manchester.


Judicial History

1982 : Appointed Assistant Recorder of the Crown Court
1985 : Appointed Recorder of the Crown Court - till 1999
Tried criminal cases for 4 weeks per year 1982 to 1988. Summed up to jury about 100 times.
Attended Judicial Seminars as required throughout that period.

1988 : Appointed Deputy High Court Judge - till 1999
Heard Town and Country Planning and related cases in the High Court for 4 weeks per year 1988 to 1999. Given about 200 judgments.



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