Philip Bartle QC

Philip has been a barrister for over 30 years. He took silk in 2003 and has rapidly established himself as a leader and mediator. He specialises in professional negligence but also practises in commercial law. His work as a mediator has increased substantially since taking silk and he is now one of the Bar's most experienced and sought after mediators. He is ranked as a leading mediator in the law directories and has lectured throughout the world on mediation. He has been a member of the Bar's ADR Committee since its inception. He mediates in a wide variety of areas of law including professional negligence, commercial and employment. In addition, he has a detailed knowledge of the regulation of lawyers: he has been a member of the Bar Standards Board (the Bar's regulator) and Chair of its Quality Assurance Committee since January 2006. He lectures and advises on the regulation of solicitors and, in particular, the Solicitors' Code of Conduct. He has been a Recorder of the Crown Court since 2004.
Philip is also a door tenant at Exchange Chambers, Pearl Assurance House, Derby Square, Liverpool L2 9XX; Tel: 0151 236 7747.

EDUCATION

Manchester Grammar School; Christ Church, Oxford MA; B.C.L.

INN

Middle Temple; Elected Bencher 2006.

PROFESSIONAL POSTS

Specialist Bar Associations
Professional Negligence Bar Association Committee since 1998. Member of COMAR, London Common Law and Commercial Bar Association and ELBA.
Advocacy Training
Experienced advocacy trainer for Middle Temple and South Eastern Circuit. Member of the Advocacy Training Council since 2004.
Bar Council
Between 2000 and 2005, member of various committees of the Bar Council including the Legal Services Committee and the Professional Conduct & Complaints Committee; and Chairman of BarMark.
Bar Standards Board
Member of the Bar Standards Board and Chairman of the Quality Assurance Committee of the Bar Standards Board 2006-2007

LECTURES

Philip is invited frequently to lecture on mediation, regulation, professional ethics, professional negligence, evidence, disclosure and privilege. He was course director of the lawyers' negligence seminars for the Professional Negligence Bar Association 2002-2006.

PRACTICE PROFILE

Philip specialises in professional negligence. He has acted for claimants and defendants in cases of solicitors, accountants and surveyors negligence and has acted for solicitors, accountants and surveyors in disciplinary proceedings. In addition, he advises on the regulation of lawyers. Philip also practices in commercial law.

RECENT CASES

MEDIATION

Halsey v Milton Keynes NHS Trust [2004] 1 WLR 3002 - Court of Appeal Guidelines on mediation an costs

Mortgage Express v Newman [1996] PNLR 603 summary judgment for solicitors' negligence relating to mortgage lending
BMMSL v Ansell [1998] PNLR 237 - disclosure obligation in solicitors' negligence action
Ogilvy & Mather v Rubinstein Callingham CA [1999] - loss of a chance in solicitors' - negligence action.
Genmed v Patel [1999] 3 AER 673 - Part 48.7(3) CPR (on wasted costs) ultra vires.
Morris v Garstangs [2001] - summary judgment against claimant in £7m solicitors' negligence action as defendant solicitors reasonably relied on counsel
J v Oyston [2001] - dismissal of applicant's claims for damages on discharge of freezing order and for wasted costs against claimant's solicitors

CONTRACT

Brennan v Bolt Burdon - CA [2004] 3 WLR 1321 - mutual mistake of law sufficient to avoid a contract

INSOLVENCY

In Re A Debtor  (No 87 of 1993) (No 1) 1996 BCC 74 and (No 2) 1996 BCC 80 correct construction of IVA procedure under the Insolvency Act and what evidence is admissible in an application  to prevent the continuation of an IVA

BUILDING

Shepherd v Mecright [2000] BLR 489 - summary judgment preventing continuation of adjudication hearing

EMPLOYMENT

Lizzy Disney v Jacques Fath SAS [2004] EWHC 2303 - damages for loss of reputation
Duncan Webb Offsett (Maidstone) Ltd v Cooper [1995] IRLR 633 EAT - application of TUPE

LANDS TRIBUNAL

Application by Roy Farrow  [2001] - removal of restrictive covenant pursuant to s. 84  LPA 1925

COSTS

J v Oyston - [2002] Lloyds Rep PN 427 - correct test under s.51 of the Supreme Court Act 1981 on application by non-party for payment of its costs.
Richardson v Desquenne Et Gural (UK) Ltd [2001] FSR 1 -correct principles for summary assessment of costs on application for interim injunction.
Robertson Research v ABG Exploration [1999] CPLR 756 - correct procedure in application for costs against a non-party under s.51 Supreme Court Act 1981
Roque v Russell [1999] - correct principles for appeal from summary assessment of costs by Master and for assessment of counsel's fees

PROCEDURE

Brennan v Bolt Burdon - [2002] - principles applicable to appeal out of time on ground of change in the law since original decision
May v Hiskey - [2002] AER (D) 193 - compromise upheld and allegations of duress rejected

MEDIATION QUALIFICATIONS

Completed CEDR Foundation Course 1996; accredited mediator by ADR Chambers (UK) July 2000 and registered mediator at Littleton Dispute Resolution Services Limited since 2000.

MEDIATION AWARDS

Presented with the ADR Group Mediation Award 2007 for his work in training mediators in India.

MEDIATION COMMITTEES

Since 2001, member of the Bar Council ADR Committee. Since May 2007, a member of the Advisory Board of the Forum for Mediation Advocates.

MEDIATION WRITING AND TRAINING

Co-author of chapter, "Mediation and Franchising", in "ADR and Commercial Disputes" (Sweet & Maxwell) January 2002.

Philip has trained and lectured on mediation in the UK, Italy, India and China. In July 2007, in Chennai, Philip was one of two trainers of 20 lawyers from across India on the first mediation course promoted by the British Council, the ADR Group and the Indian Centre for Mediation and Dispute Resolution.

DIRECTORIES

Philip is ranked as one of the few leading barrister mediators in Legal 500 and Chambers & Partners. The latter states that:

"he has a strong mediation practice and frequently receives repeat work from clients and recommendations from other mediators.   He handles a variety of disputes but is most notable for mediating complicated professional negligence and employment disputes...................Clients are 'very impressed' with his flexibility as a mediator and his ability to 'get parties talking' ".

MEDIATIONS

Since 2003, Philip has mediated over 150 disputes. His skills and experience as a mediator are acknowledged throughout the mediation community.  He mediates in a wide variety of areas of law and examples are (in alphabetical order):
Accountants' negligence
Banking
Boundary Disputes
Contract including debt collection, joint ventures and software consultancy
Company including sale of shares, minority shareholders' petition and breach of warranties on sale of company
Construction including landslip claims and negligence claims against builders, contractors and other professionals for damage to property
Employment including wrongful dismissal, unfair dismissal, sex, race and disability discrimination and whisteblowing
Franchising
Insolvency including breach of trust, misfeasance, misuse of company assets and wrongful trading
Insurance including breach of joint venture for acquisition of insurance business, non-disclosure and breach of warranties
Landlord and tenant
Partnership including dissolution of partnership, value of partners' shares and identification of partnership assets
Solicitors negligence including conduct of litigation, sale of business, drafting share option, remortgage of property, drafting wills and acquisition and disposal of property
Surveyors' negligence
Philip has also been instructed as counsel in mediations of high value claims.

FEEDBACK

The feedback on Philip's mediations is exceptionally positive. Examples are:

• "Your experience and skill was invaluable in helping the parties to establish some middle ground and to reach a reasonable settlement.  We are also grateful to you for your patience, sound advice and stamina!"
• "I hope that we can do another in the future and will recommend we use you from now on".
• "I have no doubt that without your hard work we would not have reached a satisfactory compromise on this case".
• "Excellent. A difficult case and a very good result achieved. The mediator was our choice because the case was difficult"
• "Relaxed. Very professional and unbiased"
• "For any first-timer, litigation is a daunting prospect but you managed to create the right atmosphere to enable us to tell our story and ultimately achieve closure without the further stress of a trial.......Thank you again for your patience and fairness in this matter"
• "This was a difficult mediation with an applicant whose health meant the process would not be easy for her. The mediator struck the right balance between being firm but fair - input was invaluable"
• "Very good balance between suggesting possible outcomes and directing parties to consider their own solutions. Steps taken at all stages to include clients in process which was appreciated"
• "I would like to thank you for the dexterity with which you handled Friday's mediation. Although in the spotlight, I was enormously impressed with the way in which you were able to gain everyone's confidence to talk and thereby make progress"
• "It was a successful day not only because we got a result but because the right spirit was maintained throughout the day so everyone was able to leave "friends". A lot of the credit for this goes down to you"
• "I thought that the day ran very well and you ought to take much credit for this"
• "Thanks for the considerate and helpful way you conducted the proceedings"
• "Thank you for your valuable input, which clearly helped to focus the minds of the parties"
• "Excellent"
• "Your efforts to try and get the parties to engage in sensible dialogue were most appreciated"
• "Very good - friendly and helpful throughout"