Russell Evans

Russell Evans

LLB (Hons), President of Hampshire Law Society London
Membership Status: Mediator

Results and Memberships

Total Mediations Undertaken: 58 Thumbs-up Rating: πŸ‘ 92% Member Level: Elite Mediator

Russell is a Member of:

Profile

General Information

Russell has been described as ‘outstanding’ in his mediation practice and has worked alongside such luminaries as Michel Kallipetis QC, Karl Mackie CBE, Andrew Paton and David Richbell. Russell judged the Finals of the 2012, 2013 and 2014 UK Mediation Competitions as well as the Finals of the Worshipful Company of Arbitrators 2014 and 2016 mediation competition. He has also judged the Finals of the 2013 International Arbitration Competition and 2015 INADR International Mediation Competition. Russell is President of the Hampshire Law Society and Chairman of its Litigation, Dispute Resolution and Professional Standards Committees. He is also a course assessor at Southampton University and lectures on mediation for the Law Society and RICS.

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 commercial approach to risk management and negotiation.

Russell is highly experienced in commercial disputes, professional negligence, insurance, property claims and contentious probate. He has conducted mediations for many regional and national practices including the largest law firm in the world. He is also an expert in sports and has conducted mediations for premiership football clubs.

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

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

‘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 

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 a an Arbitrator.

Russell has chaired Audit Committees and a number of Grievance and Disciplinary Panels. He is a former advisor to Employment Tribunal Chairmen. He has also acted as an Adjudicator determining property disputes and dilapidations claims.

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. Russell has extensive experience of commercial disputes and professional negligence claims across a variety of professional disciplines as well as property and commercial insurance claims. 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 as well as Court of Protection work and cases involving care homes and fees.

Russell has also dealt with numerous property fire damage claims including issues as to cause and liability; construction and reinstatement; owner and landlord duties and insurance coverage.

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.

Feedback
Russell has been described as ‘outstanding’ in his mediation work and praised for his ‘excellent impact’ lateral thinking and attention to detail. Indeed in a recent mediation he was awarded ten out of ten for preparation, communication, input, effectiveness and mediation ability. He has also been praised for his ‘patience and sensitivity,’ for being attentive, well prepared, relaxed and creative as well as for developing a good rapport between parties. Both clients and professionals alike have indicated that they would have no hesitation in appointing Russell again.

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

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

‘Mr Evans acted as a mediator in a dispute in which I acted for the claimant. The dispute was complicated and involved and concerned a disputed probate matter in which my client’s sibling contested the terms of the will left by their late mother. 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. In the event agreement was reached thus saving very substantial legal costs. 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

‘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  

‘Russell assisted the Firm in relation to a harassment claim. The matter was between family members and so represented a particularly challenging and emotive dispute. Russell was extremely sensitive to the issues between the parties and immediately grasped the real issues in the claim. I was impressed by his patience, sensitivity to the parties and his ability to carefully handle our particularly stubborn opponent. Russell also provided creative solutions to the dispute which helped to stimulate discussions between the parties. I would have no hesitation in recommending Russell as a thoroughly effective and creative mediator.’ DH Sol 

‘This was an extremely difficult and important mediation for me and our family. The contention had fractured our family beyond repair and I had dreaded the day. Yet from the outset Russell made the day a success. He had emotionally and mentally prepared us beforehand by giving us the opportunity to speak with him and communicate with him, so that on the day certain things did not need to be said and the hurt could be left in the past. This set a positive framework for the day. He ensured that what had been doomed would reach the desired outcome. I feel able to move forward and build some bridges. We achieved the desired outcome, but more importantly, 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 on Monday. He was not afraid to ask the difficult questions and listened to the answers. What makes Russell a brilliant mediator is that he is a genuinely nice person. Do you want to know something completely amazing? The mediation was so successful that one party took a member of the other party home by car. They had not spoken properly in years. What a breakthrough! Would I recommend him to anyone? The answer is a resounding YES. I am so glad I found him and I am so grateful to him for giving us a chance to grieve and move on. There is no better person to have handled our case.’ KG 

‘We were very pleased with the mediator who greatly assisted in the resolution of a difficult dispute. We would very happily use him again’ RM Sol

‘You were asked to mediate over a dispute concerning my late mother’s will. I am pleased to inform you that this matter is now at an end. We were most grateful to have the opportunity to attend the Mediation and without your skill, hard work and immense patience we feel this dispute would still be unresolved. Thanking you very much’ HH 

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, accountants, 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. He has also acted in numerous highly emotive contentious probate disputes.

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.

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

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. Russell has conducted mediation for the family of a Law Lord and former Law Society President as well as FTSE companies and county councils. Russell has successfully mediated claims involving more than 200 parties and resolved disputes valued from £10thousand to £10million.

Recent cases have included:

• Breach of bilateral Commercial Agreement between International Airlines
• Professional Negligence claim against Valuer in relation to prestigious riverside city property
• Breach of Warranty and Covenant claim arising out of Company Merger including allegation of fraud
• Claim by Company against Directors for breach of Restrictive Covenants and competition
• Claim against Engineer in relation to leading cutting edge architectural design appearing in national magazine
• Claim between Solicitor and client alleging breach of retainer
• Multi million pound Contentious Probate claim under the Inheritance Act 1975
• Claim for Professional Negligence against Solicitor in relation to overage agreement
• Various Property claims between Landlords & Tenants alleging breach of covenant as well as dilapidations
• Breach of Covenant claim in relation to a Market Trader
• Contentious Probate claim between brother and sister alleging undue influence
• 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 a service agreement and debenture

• Dilapidations claim in relation to prestigious Georgian property

• Contentious Probate claim in Chancery Court involving 6 parties
• Employment claim involving International Company
• Contentious Probate claim involving shipping magnate
• Construction contract dispute including issues as to time of performance and fundamental breach of contract

• Professional Negligence claim against Solicitors involving loss of a chance
• Intellectual property, e-commerce and passing off claim involving Amazon and Ebay
• Judicial Review of County Council’s Policy on care home fees
• Negligent Misstatement (Spring v Guardian)

• Professional Negligence claim involving Accountants, 5 companies, director and HMRC investigation
• Insurer business liability
• Dispute re takeover of Professional Surveying Practice
• 3 claims in 1. Professional Negligence case concerning conduct of previous professional negligence case in relation to a prior action

• Contentious Probate involving 8 parties and including allegation of undue influence
• Contentious Probate involving a farm, development land and deed of variation
• Contentious Probate involving issue as to knowledge and understanding and witness execution
• Land & Boundary dispute involving landed estate and claim for adverse possession
• Construction Dispute re industrial infrastructure
• Contentious Property Trust including claim for undue influence
• Financial Settlement following breakdown of cohabitation

• Mortgage Dispute
• Dispute involving TV and Radio personality
• Financial Director, Whistleblowing  & Breach of Duty 
• Professional Negligence
• Insurance Coverage & Liability

• Shipping Dispute
• Building Dispute
• £7m dispute re Bank & Receivership, including breach of loan terms and sale of property at an undervalue
• Contentious Probate including Breach of Trust claim
• Contentious Probate including claim for proprietary estoppel

• 1975 Inheritance Act Claim by adult child – Ilott v Mitson
• 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
• £300k Commercial Property Dilapidations
• Building Dispute at Landmark Ftse Company Development

• Dispute between top flight Premiership Football Club & Football Player
 

Feedback

Feedback
Q1 (9.21)
Q2 (8.67)
Q3 (9.59)
Q4 (9.72)
Q5 (9.47)
Q6 (9.07)
Q7 (9.43)
Q8 (9.54)
Q9 (9.47)
Q10 (9.63)

History

History
  • Date

    Nature of dispute

    Outcome

  • Constructive Trust of Land re Farm and Business Enterprises
    Outcome: Settled
  • Premiership Football Club
    Outcome: Adjourned
  • contentious probate
    Outcome: Settled
  • Contentious Family Property Trust incl Farm Development
    Outcome: Settled
  • Contentious Probate + Lifetime Trust
    Outcome: Settled
  • Construction Dispute landmark ftse company
    Outcome: Settled
  • Commercial Property Dilapidations Β£300k
    Outcome: Settled
  • Inheritance
    Outcome: Settled
  • Re Land Rover motor car
    Outcome: Settled
  • Oil Consortium IT Contract
    Outcome: Settled
  • Service Contract
    Outcome: Partial Settlement
  • National UK Charity incorporated by Royal Charter
    Outcome: Settled
  • Company Director Shareholder Dispute
    Outcome: Did Not Settle
  • National UK Charity – Director Dispute
    Outcome: Adjourned
  • 1975 Inheritance Act Claim
    Outcome: Settled
  • Property Dispute
    Outcome: Settled
  • Franchise Dispute
    Outcome: Settled
  • 1975 Inheritance Act – Adult Child
    Outcome: Settled
  • Building Dispute
    Outcome: Settled
  • Leasehold Dispute
    Outcome: Settled
  • Financial Services Dispute
    Outcome: Settled
  • Building Dispute
    Outcome: Settled
  • Contentious Probate
    Outcome: Settled
  • Contentious Probate & Breach of Trust
    Outcome: Settled
  • Β£7m dispute re Bank & Receivership
    Outcome: Did Not Settle
  • Commercial Dispute
    Outcome: Settled
  • Building Dispute
    Outcome: Settled
  • Construction Dispute
    Outcome: Settled
  • Profesional Negligence
    Outcome: Settled
  • Shipping Dispute
    Outcome: Settled
  • Professional Negligence
    Outcome: Did Not Settle
  • Whistleblowing Financial Director
    Outcome: Did Not Settle
  • Boundary Dispute
    Outcome: Settled
  • Financial Settlement on breakdown of Cohabitation
    Outcome: Settled
  • Contentious Property Trust
    Outcome: Settled
  • Contentious Probate
    Outcome: Settled
  • Contentious Probate involving a farm
    Outcome: Settled
  • Business to Business
    Outcome: Settled
  • Professional Negligence re conduct Prof Neg case
    Outcome: Settled
  • Dispute re Takeover of Surveyors Practice
    Outcome: Settled
  • Heating Installation
    Outcome: Settled
  • Insurer Business Liability
    Outcome: Settled
  • Accountants Professional Negligence
    Outcome: Settled
  • Negligent Misstatement
    Outcome: Did Not Settle
  • Judicial Review Care Home Fees
    Outcome: Settled
  • Solicitors Professional Negligence
    Outcome: Settled
  • Construction Contract
    Outcome: Settled
  • Contentious Probate
    Outcome: Settled
  • Employment Claim involving International Company
    Outcome: Settled
  • Contentious Probate
    Outcome: Settled
  • Dilapidations & Disrepair Β£35k
    Outcome: Settled
  • Chancery Company Purchase Dispute
    Outcome: Adjourned
  • Contentious Probate
    Outcome: Settled
  • Market Trader
    Outcome: Settled
  • Farm, Estate
    Outcome: Did Not Settle
  • Solicitor/Client
    Outcome: Settled
  • Property
    Outcome: Settled
  • Property
    Outcome: Settled

Insurance

Insurance
  • Insurance Provider AXA Insurance
  • Certificate Status Certificate on file
  • Expiry Date 13 August 2018
  • Level of Cover 2000000

CPD & Training

CPD & Training
  • Mediation Training Provider CEDR
  • Date Qualified as Mediator 13 October 2009
  • Training Certificate Download PDF

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