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Head of dispute resolution. Philip has 25 years experience of dealings with commercial and real estate disputes at all levels of the judicial hierarchy and in all forms of dispute resolution including litigation, arbitration and adjudication and is a qualified mediator having completed an accredited course with ADR Group in March 1996. Philip has a particular interest in professional negligence involving solicitors, surveyors, architects and accountants. He also undertakes judicial review work, principally in the retail sector. Some of the reported cases he has been involved in are set out below: National Grid Company Plc v M25 Group Limited  All England Reports (D) 791 – rent review and third party determination provisions in a lease did not confer on an expert the exclusive power to construe it; Nurdin and Peacock Plc v DD Ramsdon & Co  All England (D) 112 – overpayments of rent made in the mistaken belief they were due and owing could be recovered as money paid by mistake, whether the mistake was one of fact or law; Fenton v Holmes  All England ER (D) 12 – solicitor found negligent arising out of failure to spot an agricultural tie; R (on the application of The Midcounties Cooperative Limited) v Forest of Dean DC  EWHC 1714 – the adequacy of reasons to be given as part of a planning permission for an edge of town superstore (the court found the reasons were inadequate); R (on the application of The Midcounties Cooperative Limited) v Wyre Forest District Council (1) and Tesco Stores Ltd (2)  EWCA Civ 841 – challenge to the right of a retailer to build a superstore on the outskirts of an historic town; Kama Aviation Company Ltd v Zaher Nicola Jeries Deir (1) and Jet Connections Ltd (2)  EWHC 1276 (QB) – commission claim commission arising from the sale of a Boeing 737 aircraft in complex commercial arrangements with a Saudi Sheikh. Net judgment of more than $130,000 in favour of the agent; and Zaher Nicola Jeries Deir v Fahad Bin Saleh Mohammed Al Athel and Others  EWHC 354 (QB) – acting in further ‘acrimonious litigation’ relating to director’s fees including various counterclaims with net judgment of over £250,000 in favour of the claimant.
Trained Allan Janes & Co; qualified 1988; Linnells (now Blake Lapthorn), partner 1991; partner and head of dispute resolution BrookStreet des Roches LLP 1994 to date.
Property Lawyers Association (PLA); Professional Negligence Lawyers Association (PNLA).
The John Hampden Grammar School; Kingston University (LLB 1985); College of Law, Guildford (Solicitors Finals 1986).
Golf, skiing, spinning, watching rugby.
South East: Real estate
Within: Property litigation
BrookStreet des Roches is best known for representing national retailers in contentious lease renewal matters and high-value dilapidations claims. Clients include Mothercare and Oxfam. The ‘thorough’ Katy Kirk and ‘experienced’ Philip Shaw are the key names.