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PRIVATE DISPUTE RESOLUTION
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JANUARY 2010
Separate schedules of Terms and Conditions are available for Arbitration and Mediation appointments.
| SUMMARY | JANUARY 2010 |
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A list of appointments is attached below. |
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| Jeffrey C. Rosenthal |
| During the past 15 years I have been extensively involved in dispute resolution work, acting as an arbitrator and expert witness, and, since 2000 increasingly as a mediator. This work has been as much of a legal nature as accountancy, and I have increased my knowledge of partnership, contract and consumer law, as well as maintaining my professional knowledge in accountancy and related financial matters. My background as the principal of my own accountancy practice, understanding of business and consumer issues, sprinkled with a good measure of common sense, has been of considerable value in dealing with a wide range of problems. My earlier work as a practising accountant and consultant covered a wide range of business activities and trade association work, as well the usual functions associated with accounting practices in the Small to Medium sized Enterprise field (SME's). I held an Insolvency Licence until the end of 1998, and was a Registered Auditor until 1999. My consultancy activities included the independent valuation of businesses; advising on business mergers and break‑up; preparing prospectuses and negotiating the sale of businesses; advising vendors on the sales of minority interests; advising the purchasers in a management buy‑out; a substantial individual voluntary arrangement; negotiating finance facilities for numerous clients; assisting clients in resolving a wide range of disputes. After becoming a Fellow of The Chartered Institute of Arbitrators in 1984, I was admitted to the Panel listing in June 1987, and in 1998 to the Register of Experienced Arbitrators. I am a Past President of the East Midlands Branch. My commercial Arbitration and Expert Determination appointments over many years include a wide range of partnership dissolution disputes for various professional and trading activities; deferred consideration payments; investment advice and mortgage and finance agreement disputes. In consumer work, I am an active member of a number of the CIArb Arbitration Panels, such as ABTA and FLA. I was admitted as a practising Member of The Academy of Experts in August 1994. Expert Witness appointments include reports for claimants in loss of profit disputes; partnership disputes; business and share valuations; professional negligence and negligent investment advice claims. I also act as a Single Joint Expert. I am a CEDR accredited mediator, and am a member of the mediation panels of the The Chartered Institute of Arbitrators, the Association of Midlands Mediators, and Talk Mediation. I have undertaken a considerable number of commercial and consumer mediation appointments. 8 out of the last 10 have been successful. CHARGES My charging rate for dispute resolution appointments varies according to the nature and size of the dispute. My Terms and Conditions for appointments are shown on the back page. Separate schedules of Terms and Conditions are available for Arbitration and Mediation appointments.
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Arbitration Terms & Conditions - please click here.
Arbitration Appointment Form - please click here.
ADR and Mediation Guide - please click here.
Mediation agreement - please click here.
Recent Mediation Experience - please click here.
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FROM JUNE 2006
| ARB = Arbitration | ED = Expert Determination | EW = Expert Witness | SJE = Single Joint Expert | MED = Mediator |
| 2010 | ||
| Jan | SJE | Expenditure on Property. |
| Jan | EW | Continued Defence to Claim re Dividends. £211,000. |
| Jan | MED | Buy out of Minority Shareholding and Substantial Costs, Water Conditioning. £220,000. |
| Jan | ARB | Five Holiday Scheme Disputes |
| 2009 | ||
| Dec | ARB | Holiday Scheme Dispute |
| Nov | ED | Partnership Dissolution Dispute, Medical Practice. £200,000. |
| Nov | MED | Computer Network Installation. £24,500. |
| Nov | ARB | Three Holiday Scheme Disputes. |
| Oct | EW | Accountancy Fees Dispute, Holiday Homes. £10,000. |
| Oct | ARB | Holiday Scheme Dispute. |
| Sep | EW | Damages for Personal Injury, Musician and Lecturer. £2,600,000. |
| Sep | EW | Defence to Claim by Liquidator re Dividends. £211,000. |
| Aug | MED | Balance Due from Sale of Dental Practice £45,000. |
| Aug | ARB | Holiday Scheme Dispute. |
| Aug | MED | Claim by Supplier for Unpaid Invoices. £10,000. |
| July | ARB | Costs of Arbitration Proceedings. £63,500. |
| July | ARB | Disputed Loan Redemption Fee. £1,800. |
| July | ARB | Six Holiday Scheme Disputes. |
| July | EW | Banking Services Dispute. |
| July | MED | Family Business Dispute. Opticians. £200,000. |
| July | ARB | Partnership Dissolution Dispute. Solicitors. £40,000. |
| July | ARB | One Holiday Scheme Dispute. |
| May | ARB | Three Holiday Scheme Disputes. |
| May | MED | *Continuation of Dec. Construction Services Dispute. |
| Apr | ARB | Three Holiday Scheme Disputes. |
| Mar | EW | Professional Negligence by Accountants. £3,000. |
| Mar | MED | 3-party Dispute. Alleged Deceit by Finance Company. £32,400. |
| Mar | MED | Unpaid Consultancy Fees. £11,000. |
| Mar | ARB | Four Holiday Scheme Disputes. |
| Feb | ARB | Three Holiday Scheme Disputes. |
| Feb | ARB | Expulsion from Medical Practice Partnership. Not Quantified. |
| Jan | ARB | Two Holiday Scheme Disputes. |
| Jan | ARB | Costs of Arbitration Proceedings. £25,000. |
| 2008 | ||
| Dec | ARB | Two Holiday Scheme Disputes. |
| Dec | MED | Construction Services. Balances on Contracts. £15,000. * |
| Nov | ARB | Two Holiday Scheme Disputes |
| Oct | EW | Claim for Unfair Conduct by Building Society. £45,000+. |
| Oct | SJE | Partnership Dissolution Dispute. Driving Schools. £70,000. |
| Sept | MED | Unpaid Fees for V.A.T. Recovery. Nursing Home. £15,000. |
| Aug | EW | Defence to Alleged Fraud. Property Investments. £367,000. |
| July | ARB | Costs of Arbitration Proceedings. £30,000 |
| July | ED | Sale Price of Business Affected by Completion Accounts. £80,000. |
| June | MED | Unpaid Accountancy Fees. £3,750. |
| May | EW | Misuse of Company Funds. Property Development. £120.000. |
| May | MED | Non Payment of Supplier Invoices. Food Sector. £52,600. |
| Apr | ARB | Disputed Completion Accounts. Nursing Home. £30,000. |
| Mar | ARB | Negligent Investment Advice – M V A. £20,000. |
| Mar | ARB | Accountants Partnership Dissolution Dispute. £254,000. |
| Feb | EW | Dividends Reclaimed by Liquidator. £65,000. |
| Feb | ARB | Interest basis on Loan Agreement. £1,500. |
| 2007 | ||
| Dec | ARB | Entitlement to Management Fees. £120,000. |
| Nov | MED | Neighbour Dispute – Height of Hedge |
| Nov | SJE | Capital Gains Tax on Mixed Use Property. £30,000. |
| Oct | EW | Hotel Loss of Profits - Building Disruption. £35,000 |
| Oct | ARB | Disputed Liability for pre-contract expenditure. £220,000 |
| Oct | EW | Restaurant Loss of Profits - Building Disruption, £40,000. |
| Sep | ARB | Disputed Loan Repayment to Pension Fund, £60,000. |
| Aug | MED | Negligent Investment Advice, £60,000. |
| Aug | EW | Accountants Professional Negligence, £200,000 |
| Aug | ARB | Costs Fol1owing Arbitration Award, £21,000. |
| July | ARB | Vehicle Finance Settlement Figure. £5,500. |
| July | EW | Unsatisfactory Bookkeeping Services. £3,600. |
| June | EW | Purchase of Accountancy Practice Goodwill. £25,000. |
| June | EW | Loss of Profits due to Inferior Materials. Timber £200,000. |
| June | MED | Personal Injury Road Traffic Accident. £3,500. |
| June | MED | Income Tax and NI Contributions. £8,000. |
| May | ARB | Negligent Investment Advice re Withdrawals £20,000. |
| May | EW | Accountants Professional Negligence - Preliminary Review £40,000. |
| May | MED | Family Loan Repayment and Counterclaim £6,000. |
| Apr | MED | Faulty Replacement Window Installation £5,000. |
| Apr | MED | Local Authority Claim for Repayment of Building Grant £20,000. |
| Apr | MED | Defective Vehicle, Finance Agreement Refuted £35,000. |
| Mar | ARB | Milk Round Franchise Dispute £30,000. |
| Mar | EW | Loss of Earnings Following Accident - Locum Surgeon £30,000. |
| Feb | MED | Faulty Bathroom Installation. Balance £700. |
| Feb | ARB | Negligent Investment Advice re MVA £13,600. |
| Jan | MED | Commercial Vehicle Repairs - Faulty work £3,000. |
| 2006 | ||
| Dec | ARB | Credit Agreement - Interest and Payment Protection Plan £21,300. |
| Nov | ARB | Solicitors Partnership Dissolution – WIP Valuation £76,000. |
| Nov | ARB | Mis-selling of Payment Protection Plan £5,500. |
| Nov | ARB | Interest charged on Vehicle Finance Agreement. |
| Oct | MED | Breach of Duties and Shareholder Dispute £35,000. |
| Sept | MED | Personal Injury Claim Haulage Contractor £200,000. |
| Aug | ARB | Partnership Dissolution Veterinary Surgeons £80,000. |
| Aug | ARB | Harassment and Defamation by Lender £2,000. |
| July | SJE | Neutral Evaluation of Investment Advice £569,000. |
| July | MED | Beneficial Interest in Property £150,000. |
| June | ARB | Three way Medical Partnership Dispute £120,000. |
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| Consumer Schemes – ongoing appointments | ||
| ARB | CIA | Association of British Travel Agents Consumer Arbitration Scheme. Maximum claim £15,000. |
| Mortgage Arbitration Scheme. Maximum £250,000. | ||
| Personal Insurance Arbitration Service. No ceiling. | ||
| Arbitration Scheme for the Finance and Leasing Association. | ||
| Arbitration Scheme for the Passenger Shipping Association. | ||
| MED/ARB | UK CTA | Communications ADR Service. |
| DEF | Pesticides Safety Directorate – Data Sharing Arrangements. | |
| DOE | Northern Ireland Aggregates Levy Credit Scheme. |
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Hamilton Office Park
31 High View Close Leicester LE4 9LJ
Tel: 0116 241 4316
Fax: 0870 762 1639
Mobile : 07850 359 580
E-Mail: jcr@JeffreyRosenthal.com
www.JeffreyRosenthal.com