Russell is a highly experienced Mediator & Solicitor with more than 30 years’ experience of litigation and dispute resolution. Russell lectures on mediation for the Law Society, RICS and CISI and has judged the Finals of both UK & International Mediation Competitions most recently the 2020 WCA Mediation Competition at the IDRC in London. Russell is down to earth, pragmatic and proactive in assisting parties to resolve disputes. He is a winner of the ‘Mediation Expert of the Year in the United Kingdom’ - Global Advisory Experts Award 2020.
He has conducted mediations for numerous trustees, executors, estates and family members. He has also conducted mediations at the request of the Charity Commission. In addition he has conducted mediations for ftse companies, government agencies, premiership football clubs, world sports champions, national and international charities with royal patrons as well as the family of a Law Lord. He has also conducted mediations for many under privileged and deprived.
Russell is an expert in contentious probate, property and tolata. More than 90% of his contentious probate mediations settle on the day. Russell is also an expert in commercial, business, partnership, professional negligence and sport disputes. More than 80% of his commercial mediations likewise resolve on the day.
Unlike many mediators Russell has conducted court cases in respect of all practice areas that he mediates.
Russell is available to conduct mediations throughout the UK as well as ONLINE by way of ZOOM Pro.
Russell is an expert in contentious probate and tolata 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.
“I was delighted that we used Mr. Evans for our mediator. 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
“Thank you for mediating for us yesterday. It’s been a rollercoaster of emotions over the last 6 years. Last night at 8pm we opened a bottle of fizz to toast the NHS and to celebrate the end of one era and the start of a new. Today I have a far more positive attitude to life and am in a much happier place. Happy VE Day.” SS
“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
Russell is also an expert in partnership, company director and shareholder disputes including actions by minority shareholders and claims for unfair prejudice.
“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
“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 is a former President & current Director of the Hampshire Law Society. He is also Chairman of its Litigation & Dispute Resolution Committee. He has chaired talks with Lord Briggs and Jim Al-Khalili OBE and is a course assessor at Southampton University.
Russell is a Member of the Civil Mediation Council, Chartered Institute of Arbitrators, Professional Negligence Lawyers’ Association and British Insurance Law Association.
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 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.
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 has also been an Arbitrator & Mediator with Sport Resolutions a London 2012 Olympics partner.
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 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 and tolata 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.
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.
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
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.
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
• TOLATA Trusts of Land re farm and business enterprises
• Company Share Purchase Dispute
• Dispute between top flight Premiership Football Club & Football Player
• TOLATA Trusts of Land re farm and business enterprises
• Company Share Purchase Dispute
• Building Dispute involving leading internationally recognised University
• 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
• TOLATA Constructive Trust – Jones v Kernott – express/implied common intention and undue influence
• Charity Commission Intervention – Trustees & Management Dispute – International Charity
• 10 partner Partnership Dispute
• Partnership Dispute involving Titanic Papers
• Contentious Probate – issue as to capacity
• Tolata Property Trust including allegation as to misappropriation of funds
• Commercial Property Fire Claim including issues as to ancient Anglo Saxon derived law as to liability for the spread of fire – Ignis Suus
• 1975 Inheritance Act
• Contentious Probate & Proprietary Estoppel