3VB - Three Verulam Buildings

TEL: +44(0)20 7831 8441
FAX: +44(0)20 7831 8479


Paul Lowenstein QC

Call 1988; QC 2009; LLB (Hons) (Manchester); LLM (Cantab)
Email: plowenstein@3vb.com

Paul Lowenstein QC 









CEDR five day course in 1997, leading to CEDR accreditation.

Approach to mediation

Paul Lowenstein QC brings his very broad experience of all aspects of commercial, financial and business litigation to mediation: View full CV. Those who have worked with him know his engaging style which is based on a firm but empathetic approach to the parties and their disputes. He is always well-prepared and in command of the detail. He engages the confidence of the parties, both as a mediator and a mediation advocate. He brings energy and creative thinking to the process. Paul is usually engaged in very complex cases, often involving foreign parties and international transactions.

Mediation Advocacy

Paul regularly appears as an advocate in mediations. He has an intimate knowledge of the mediation process derived from his training as a mediator and through his experience in mediation.

Selected recent examples include (other examples cannot be mentioned owing to the confidentiality of the process itself):

Ecotricity Group Ltd & anor v Tesla Motors Inc (2014) (Ch.D) - acting for Tesla, the ground-breaking electric-powered car manufacturers in its dispute with a supplier of electricity, particularly at motorway charging points. Attended a mediation as Tesla's advocate - mediator was Lord Woolf.

Ecclestone v Khyami and ors (2013) (QBD) - acted for Tamara Ecclestone in complex proceedings against her former partner and two motor dealers. Claims and cross-claims concerning privacy and title to a Lamborghini car. Attended a mediation as Ms Ecclestone's advocate - mediator was Bill Marsh.

ANC v Fedex (2011) (Ch.D) - acted for FedEx in its defence of claims by 23 of its franchisees for further payments under a franchise bonus scheme. Attended a mediation as Fedex's advocate - mediator was William Wood QC.

EMDA Business Holding Corporation & Ors v GEV Offshore & ors (2010) (Commercial Court) - (with Richard Edwards and, then, Rajesh Pillai) - Oil exploration industry, maintenance contractors. Freezing injunctions, disclosure orders and other remedies and then pursued a substantial claim against Defendant company and former directors of the claimant who had taken very large sums of money from the claimant company and had set up a competing business. Multinational elements (business was in Switzerland and West Africa). Heavy and fast-moving dispute which resulted in a very significant settlement within a few months.

Sectrack NV v. (1) Satamatics Ltd (2) Jan Leemans (2008) commercial injunction and misuse of confidential information dispute. For the Claimant at the mediation, held urgently after the return date of the injunction application in the Commercial Court. The mediation lasted approximately 37 hours.

Sawyer v. Atari Interactive Inc [2007] EWCA Civ 170 (CA) interactive video games royalty accounting dispute - acted for the Defendant on its successful appeal against the striking out of its counterclaim - consideration of the principles on which new evidence is admitted on appeal - consideration of appropriate procedure on appeal when the law applied by the judge on striking out part of the counterclaim is presently under consideration in the House of Lords. The claim proceeded until it settled after a mediation (which I attended) on the eve of trial in January 2008 (led by Ian Mill QC). I appeared alone for the Claimant during the jurisdiction phase and at the hearings at first instance (Ch).

Hydromax Ltd v. Algram Group Ltd (2007 - Bristol Mercantile Court) acted for the Claimant throughout its action for damages for losses suffered as a result of the Defendant (a plastics fabricator) having failed to produce working samples of the Claimant's hardware product in time to allow the Claimant to take advantage of a supplier's certificate issued by a national DIY chain. The claim settled on beneficial terms after a mediation (which I attended) on the eve of trial after the Claimant's skeleton argument was lodged.

Baypride Ltd (t/a Result Marketing) v. Focus (DIY) Ltd (2006) claim for unpaid fees for marketing and P.R. services. Acted for the Claimant at the mediation held shortly before the trial date.

David Crane v. Seven Publishing Group Limited (2006) dispute over a business sale agreement. For the Claimant in his claim for the balance of the price and resisting the Defendant's cross-claim on contractual warranties.

First Oil Expro Ltd v. ATP Oil & Gas (UK) Ltd (2004-2006, Commercial Court) - acted for the claimant in its claim for disclosure of accounting documents and information and an account against its co-joint-venturer in a North Sea undersea gas well (led by Ian Croxford QC).

Localtel Ltd v. British Telecommunications Plc (2000) dispute over BT's failures in the transfer of Internet and telephone customers to Localtel and BT's cross-claims for unpaid network telephone charges. Acted for Localtel in the mediation which lasted 4 days over 3 months.

Experience as a mediator

November 2008: 1 day mediation as lead mediator (privately appointed) - settlement of dispute between partners in a firm of solicitors

September 1999: 2 day mediation as assistant to Bob Juniper (CEDR) - successful settlement of claim and cross-claim between main and sub-contractors engaged to provide specialist construction services in a commercial building refurbishment project

June 1998: 1 day mediation as assistant to David Richbell (CEDR) - successful settlement of a substantial professional negligence dispute between a mortgage lender and a firm of commercial valuers

Lectures and talks

Paul presents lectures on The Lawyer's Role in Mediation.

The articles and materials at this web site are provided for information purposes only, and not for the purpose of providing legal advice. The articles may not reflect recent developments in the law. If you have a legal problem, you should consult a suitably qualified lawyer. The contents of articles and papers represent the views of the authors, and may not represent the views of other members of chambers.

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