Beverly-Ann Rogers

Beverly believes that mediation provides a unique opportunity for settlement and the mediator needs to be sensitive and imaginative in exploring all possible avenues towards resolution.

In some cases, this might involve rigorous exploration of the legal issues and detailed risk analysis. In others, the commercial or emotional considerations may hold the key to settlement.

In all mediations, Beverly attaches critical importance to thorough preparation and understanding of the issues, the development of a good rapport with the parties and their advisers and the patience and persistence necessary to help the parties explore resolution fully and find an acceptable outcome.

This is reflected in feedback from clients that “Beverly’s personal skills in calm persuasion, technical expertise and clear thinking were outstanding.” And “it was not just that she settled the dispute, it was how she settled it in a way that allowed both sides to walk away with dignity.”

Recent Cases

Probate Claims

• Challenge to will on grounds of lack of testamentary capacity with alternative claim of undue influence and want of knowledge and approval.
• Claim to farm by proprietary estoppel with Inheritance Act claim in the alternative and ancillary partnership dispute.
• Competing claims by widow and children of previous marriages to high value estate with assets in England and South Africa and involving trust and company issues.
• Inheritance Act claims by spouses, co-habitees, children and dependents.

Trust Claims

• Claim against offshore trustees for breach of trust: failure to invest properly. Negotiations complicated by non-UK beneficiaries and third-party funder.
• Claims against offshore trustee and between beneficiaries about distribution of income and capital of trust fund with dispute stretching over ten years and across three jurisdictions.
• Breach of Trust claims in relation to estate of Middle Eastern individual with ancillary corporate claims involving three jurisdictions including USA.

Commercial / Company

• Shareholder dispute with several related parties, involving multi-million property companies and requiring consideration of share valuation, tax, corporate structure and trust issues.
• Shareholder dispute in relation to multi-million property companies with allied claims in relation to breach of trust in family trusts and claims of undue influence.
• Minority shareholders dispute in relation to hotel business.
• Claim by buyer against vendor of business for misrepresentation/breach of warranty.
• Breach of contract claim against key service provider with substantial losses claimed by customer.
• Claim for substantial damages for failure to honour contract for pharmaceutical trials in USA – key issue was whether contract was lawfully terminated or not.
• Dispute about transfer of shares in luxury yacht company and exploitation of technology with allegations of fraud and litigation in Delaware, Panama and Europe.

Professional Negligence

• Claim against solicitors’ firm for failure to exercise option to purchase freehold in time. Main issue about quantification damage.
• Claim against accountancy firm for tax advice which impacted adversely on group companies in Europe.
• Multi-million pound claim against three firms of accountants in relation to tax advice on sale of business and reinvestment.
• Claim against solicitors for negligent advice in relation to fraud claim.
• Substantial claim in negligence against solicitor for restructuring of security and guarantees, allegedly jeopardising earlier joint guarantees with additional claims against guarantors.

Employment

• Claim by employee against professional firm for long-term stress with allegations of discrimination. Claim by employee against international bank with reliance on alleged whistle-blowing.
• Claim by salaried partner against professional firm with allegation of race discrimination.
• Dispute between professional person and his professional body about his exclusion from a panel.

Property

• Dispute as to validity of contract for sale; allegation that necessary formalities not complied with. Disputes as to beneficial ownership of property with sale sought.

Boundary Disputes

• Dispute between tenants of shopping precinct and landlord about redevelopment.
• Disputes between landlord and tenants as to extent of landlord’s obligations to maintain services and repair. Dispute between tenant and management company as to noise and nuisance.
• Property dispute between adjoining owners as to existence and route of rights of way and wayleaves for electricity and water.
• Disputes about beneficial ownership of property, both residential and commercial. Recent case involved dispute as to beneficial ownership of multiple properties commercial and residential put in names of various members of family by late father.
• Claim for damages on sale of property for failure to disclose waste disposal on land.

Partnership

• Dispute as to extent of farming land owned by partnership with claim to account in respect of income. Dispute as to termination of partnership and rights arising on it; catering business.
• Partnership dissolution involving allegations of fraud combined with resolution of joint property venture between the same parties and others.
• Solicitors’ partnership; rights and obligations on partner leaving Doctors’ partnership; termination rights.

Charity

• Dispute as to ownership of assets and internal governance of charity. Probate cases involving charities as residuary beneficiaries.
• Claims by Charity Commission for breach of trust by charity trustees in applying assets other than for charitable purposes.
• Dispute between different factions in global religious charity about future administration of charity.

Trust / Private Client Disputes

• Claim for return of assets alleged to have been wrongfully transferred out of a Hong Kong trust to corporations in tax havens.
• Proprietary estoppel claims eg claim to family farm in West Country
• Numerous Probate and Inheritance Act claims including effect of letter of wishes and validity of gifts.