Mr David DALY B.A. LLB MSc AKC

Membership Status: Mediator

General Information

DAVID DALY      David is a qualified Barrister and Mediator        

 

General Information

David has over 30 years experience as a Barrister in private practice and as in-house Counsel. He has acted as a barrister in litigation and advised over a wide area of activity: landlord /tenant cases, real property disputes, housing, boundary disputes, professional negligence matters (particularly solicitors) (concerning probate) and estate agents (concerning valuation)), partnership disputes, Inheritance Act claims, town and country planning, compulsory purchase and employment.

Mediation experience

David has been sole or lead Mediator in over 140 disputes, with a success rate of 86%. David was accredited by CEDR in 2004 and ADR Group in 2007. Since then he has mediated over a wide area, including property, landlord and tenant, leasehold enfranchisement, disrepair, employment and commercial matters. He is recognised on the IMI (International Mediators Insitute) website as an IMI Certified Mediator see:http://imimediation.org/david-daly. He was awarded the CEDR Exchange award for the Most Challenging Mediation of the the past 20 years (joint with Alder Hey) in December 2010

Property-examples

• Disrepair dispute, involved 4 parties and was originally valued at £200,000
• Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings –originally valued at £10,000,000. The Leaseholders were represented by 5 individuals who had been the leading representatives of the Residents Association which had folded. They intended to reform the resident’s association and persuade the leaseholders to accept any agreement reached. Interestingly the normal position on confidentiality was varied at the start of the mediation to allow publicity to be given to any agreement. Agreement reached at £200,000.
• Claim for £200,000 for flood damage to Chemist’s shop. Settled at £103,000
• 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..
• Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding.
• Grandfather had helped to build his own “grandfather flat” annexed to family home. He wanted to move but needed compensation to purchase own property. Settled at £110,000.
• Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Settlement reached on the day
• 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. Agreed  partner should have house + £30,000 -no costs either side.
• Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Company to whom charge had been sold  receives £70,000 and charge removed
• Damages claim under Data Protection Act. Alleged by Claimant because she had been put on a list by a finance company in error as a bad credit-risk for 2 years she had lost the chance to purchase her Council house. Damages claimed at £360,000. Settled by agreement at £20,000- each side to bear their own costs.
• Claim for fee for providing a report for a planning inquiry which was alleged to be substandard.

 

General commercial

• Dispute under the European Agency Regulations involving payment of fees to an agent by his principal.
• Dispute over building works and an allegation that the Defendant had falsely persuaded the Claimant to invest in a company in Iran. Both issues resolved.

 

Employment

• Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity.
• Constructive dismissal and stress claim.

 

Personal style and feedback

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.

 “I would characterise the mediator’s style as relaxed, informal, sensible and encouraging”

 “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 will keep 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.”

 “I would like to thank David for his unflappability, humour and very down-to-earthness which was exactly what was needed in this mediation”

 

Other dispute resolution experience

David was a Legal Assessor on an ad hoc basis for a London Arbitration Tribunal dealing with disrepair. David is also a volunteer Community Mediator. 

 

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.

 

He has also been awarded an M.Sc in Conflict Resolution and Mediation Studies by Birkbeck University of London after part-time study.

 

Mediation Teaching experience

David has taught mediation in London and Rome (in Italian)

 

Other skills

Languages spoken: French, Spanish, (B.A. French and Spanish Birkbeck University of London), Italian and a working knowledge of German and Portuguese. David advises pro bono in Spanish and Portuguese on Immigration Law at Latin America House in London on a weekly basis.

 

 

total score

184

league table position 92 / 147

total mediations undertaken 81

member level Elite Mediator

David is a member of

• Specialist Panel:
  Land, Valuation & Rating Panel
• Local Panel:
  London
• Profession:
  Barrister
• Court Scheme:
  Central London County Court

phone0845 083 3000

Email David

Recent History

Date	Outcome
27 June 2011	Settled
3 June 2011	Settled
2 June 2011	Settled
31 May 2011	Settled
20 April 2011	Settled
4 March 2011	Settled
12 January 2011	Settled
3 December 2010	Settled
23 September 2010	Did Not Settle
20 August 2010	Did Not Settle
28 July 2010	Settled
29 June 2010	Settled
29 May 2010	Did Not Settle
7 May 2010	Settled
10 December 2009	Settled
30 November 2009	Settled
21 October 2009	Settled
26 August 2009	Settled
20 August 2009	Settled
1 July 2009	Settled
29 May 2009	Did Not Settle
27 March 2009	Settled
18 March 2009	Did Not Settle
13 February 2009	Settled
9 February 2009	Settled

Insurance

CPD & Training