CEDR Accreditation: Mediator Panel: 2004 2006 Languages: Location: English French Italian Portuguese Spanish United Kingdom " he was very persuasive making sure the parties kept David Daly the goal of settlement in mind. Client Feedback Overview David Daly has been an active mediator for over seven years mediating over 150 disputes in a variety of sectors particularly those aligned to his expertise in property related matters. He is also an experienced mediator of claims related to more general commercial matters and professional negligence actions. In December 2010 David received the CEDR exchange award for the most challenging mediation of the last 20 years. In addition Professional Background David has over 30 years experience as a Barrister in private practice and as in-house Counsel, particularly in the fields of property and employment law. His property practice has covered all aspects, with particular expertise in planning and compulsory purchase, housing, landlord & tenant, wills and probate. He has presented planning inquiries ranging from large road schemes to planning enforcement. David s employment law work includes a specialism in discrimination cases. Expertise Banking & Finance Construction & Engineering Public Sector Commercial Contracts Professional Negligence Sale of Goods & Services Employment & Workplace Property Trusts, Wills & Probate 1
Dispute Experience Banking & Finance: Damages claim under Data Protection Act. Claimant put on bad credit list by a finance company in error for 2 years she had lost the chance to purchase her Council house. Commercial Contracts: Dispute over building works and an allegation that the Defendant had falsely persuaded the Claimant to invest in a company in Iran. Employment & Workplace Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. Constructive dismissal and stress claim. Discrimination and defamation. Construction & Engineering Planning Professional fees claim relating to the provision of a report for a planning inquiry which was alleged to be substandard. Complex compulsory purchase dispute relating to the amount of compensation in the sum of 2,000,000. Professional Negligence Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Claims against solicitors concerning probate and estate agents concerning valuation. Dispute between solicitors and purchaser of Long Lease when solicitors were negligent and served invalid notice. 2
Property Boundary Disputes Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding. Neighbour dispute in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Neighbour dispute between owner of house and grounds (worth over 10,000,000) and occupier of former stables (worth 1,000,000) principally concerning security measures. Neighbour dispute alleging both violence and excessive noise conducted in French and English. Damage & Disrepair Claim for 200,000 for flood damage to Chemist s shop. Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings valued at 5,000,000. The Leaseholders were represented by 5 individuals acting as representatives of the Residents Association which had folded. Disrepair dispute which had lasted 21 years. A three party dispute which included representatives of the insurers. Over 24 people present at the mediation. Leaseholds Dispute between leaseholder and joint freeholders involving 4 parties valued at 200,000. Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute. Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair. Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth 200,000. Grandfather had helped to build his own grandfather flat annexed to family home. He wanted to move but needed compensation to purchase own property. 3
Public Sector: Duties of Councillors in local government Sale of Goods & Services Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. Contract dispute over a restraint of trade. Mediation conducted in Italian and English. Trusts, Wills & Probate Trusts of Land and Family Provision dispute-estate worth 250,000. Deceased died at 42 leaving alleged partner, Mum and Dad and his two Brothers. Two Brothers denied relationship with partner existed over 2 years immediately before death. Claims under the Inheritance Act. Other Dispute Resolution Experience David was a competition Mediation judge/mediator at the ICC competition for World Universities in Paris in 2012 and 2013. David has an MSc (Merit) in Conflict Resolution and Mediation Studies from Birkbeck University of London. He was a Legal Assessor on an ad hoc basis for a London Arbitration Tribunal dealing with disrepair. In April 2006 David devised a pilot Mediation Scheme at a County Court in Hertfordshire. He was the sole mediator dealing with a broad range of commercial mediations, including landlord and tenant disputes, disastrous holidays, goods not fit for purpose, unpaid professional fees, building contracts. In May 2007 he was replaced by a full time employee. Personal Style David has authority when dealing with procedural issues but he is not authoritarian. Parties find it easy to relax with him. He likes to work hard for agreement and does not let the grass grow under his feet. Feedback I would like to personally thank you for your enthusiasm, flexibility and hard work. I would characterise the mediator s style as relaxed, informal, sensible and encouraging. 4
David was just right. He had a strong personable manner. He had a clear grasp of the issues of the case. He was very good at managing time and stuck to the time schedule. We finished right on time. I would use him again. He was very approachable, used plain language to the litigant in person and gave helpful time warnings. I was happy with him. I think he was very persuasive making sure the parties kept the goal of settlement in mind. He was quite clear and made sure everyone would understand the benefits of agreement. I can t think of anything else he could have done better. I wouldn t have any problem using him again. Thank you for your patience and good humour in working with us on this. It has been a pleasure working with you. Professional Skills Qualifications 2013 B.A.(Hons) (German and Portuguese), Birkbeck College, London University 2009 MSc (Merit) Conflict Resolution and Mediation Studies, Birkbeck College, London University 1987 B.A.(Hons), (French and Spanish) Birkbeck College, London University 1979 Barrister (Middle Temple) 1977 LL.B.(Hons), Kings College, London University 1977 A.K.C, Kings College, London University Teaching Experience David has led workshops on mediation at Birkbeck (University of London) (2010 and 2012) and in Rome in Italian at the Legal Institute of Lazio A.C.Jemolo (2011) 5