Commercial

  • Claim on £1million business’ losses following break up of Joint Venture.
  • Buy out deal for directors’ losses following changes in company ownership.
  • Breakdown between legal and accountancy firms, re payment of professional fees.
  • Dispute between major private Nursing Home group, venture capital backers and local authority managed Care Trust, on prices and terms of annual contracts worth £2m.
  • Multi-party case in public domain regarding disability access, involving the Disability Rights Commission, against a major high street retailer. New capital plan agreed as outcome.
  • Claim and counterclaim between an Australian and US company on damages following close down of start-up partnership.
  • Disputes between former Post Masters and Post Office re loss of funds and alleged misappropriation of monies.
  • Dispute on liabilities post break up and closure of a UK SME by US Venture Capital Company.
  • Dispute on back payments and liabilities on withdrawal of a jointly funded IT contract. See also IT, Telecomms and Partnership cases.

Commercial Contracts – including within Public sector

Fiona regularly mediates disputes on breakdown in negotiations on funding and contracts, partnerships and future relationships.  Parties are from NHS and other entities: i.e. Primary Care Trusts, Commissioning Care Groups, Local Authorities and private providers.

  • £20m dispute between a City Council and the NHS in relation to back payments on a contract for community care services.
  • Disputes on contract deficits , significant multi million shortfalls and budgets between CCGs and Foundation Trusts.
  • Dispute on back payments and change in requirements in a PFI contract.
  • Breakdown in service contract between neighbouring PCTs, with resolution of longstanding disagreement on rebasing methodology, which corrected original arbitrary funding allocations.
  • Mediation with determination (MedArb) on a dispute regarding complex Accident and Emergency metrics in conjunction with an independent expert.
  • Breakdown in negotiations on funding for ‘over performance’ of GP centre (excess contract costs of over £1 million) with an external provider.
  • Several longstanding funding disputes between different NHS entities regarding TUPE and the allocation of funds for a number of decommissioned employees.
  • Termination of longstanding contracts for services and review of funding arrangements and pricing mechanisms between NHS commissioners and private sector providers.
  • Disputes between clinicians and within GP practices on partnership and funding issues, relationships and operational working arrangements.
  • Dispute on termination of pilot 111 service contracts and out of hours (OHH) services between GP led provider and CCG.
  • Longstanding dispute following the introduction of nationally negotiated Dental contracts on the recovery of overpayments made by a PCT to a local Dental Practice.
  • Dispute on pricing formulae used for Dental services in a deprived urban environment, where contractual targets had been changed, resulting in debts of over £500k.

Construction & Engineering

Complex Private Finance Initiative (PFI) mediation regarding a multi-million pound 30 year building and services contract, with an NHS Foundation Trust.