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Eileen Carroll KC (Hon) is one of the most senior and sought after mediators in practice today with over 27 years’ experience as a full time practitioner. She works with clients across a very broad commercial perspective on claims relating to dozens of different sectors and activities around the world.
Her work includes highly complex multi-party disputes valued at up to £1 billion including the Maxwell pensions scandal, PPI misselling, BCCI and British and Commonwealth Holdings. Clients on all sides have praised Eileen’s mediation work as “masterful”, “extraordinary”, “phenomenal”, “above and beyond” and “different and more valuable than other mediators”.
The value of her casework in recent years has ranged from £200k up to £100+ million and her clients have included business entrepreneurs, public sector organisations, celebrities, international corporations and sovereign states.
“Incredible mind which enables her to get to the bottom of any issue; she is everything you would want in a mediator” she is one of the market’s most popular mediators.“ Clients speak of her incredible patience and resolve, as well as an engaging and constructive manner which can help difficult parties to move more quickly towards resolution. “She led the most effective opening session I have ever seen,” said one instructing solicitor.
Eileen is the co-founder of CEDR and recognised as one of the pioneers of mediation techniques in the U.K. In 2013 Eileen was awarded Queen’s Counsel Honoris Causa by the Ministry of Justice for her “outstanding career as a commercial mediator and her unique contribution in establishing mediation in civil justice systems over the last two decades”.
Eileen began her career in the international chemical industry before becoming a partner in the city law firm Turner Kenneth Brown (now Nabarro). In over 20 years of practice Eileen worked with multinational corporations and a number of celebrity clients based in Europe, the Far East, India and the United States. She spent 10 years working with North American clients and worked in San Francisco with Thelen Reid Priest before returning to the U.K. to spearhead the creation of CEDR.
Highlights: A dispute where the claimant alleged they had been inappropriately advised by the investment management services of a large bank. The claim involved aspects of warrants, hedge funds and foreign exchange.
An international infrastructure case within the water industry in Middle East.
Claim involving two international parties for the refund of a software licence and project costs and a counter claim by for full fees due under the contract.
A coverage dispute concerning liability of former partners of a firm in relation to an excess remuneration provision.
Breach of contract, insurance and professional negligence dispute.
A claim involving a distribution agreement exceeding the cap on Direct Deliveries and Exit charges between two large UK publishing companies.
Claim in relation to a breach of distribution agreement in connection to a feature length film.
A land development, partnership dispute between siblings involving property ownership, farm assets and the potential serving of a compulsory purchase order from local authorities.
Partnership dispute involving a partner exercising his effective power of veto under partnership agreement clause to stop decisions being made and other internal issues.
A claim involving a tenant of a substantial commercial premises and the break in a lease agreement.
A matter involving liquidation and disclaimer under the terms of a commercial lease for a property being used for leisure and hotels.
Claim for professional negligence in connection with the equalisation of normal retirement dates (NRDs) between male and female members of a staff pension scheme and the requirements of section 37 of the pension schemes act 1993.
A commercial dispute involving a contractual dispute over the manufacturing and late delivery of products.
A claim within the rail industry involving the categorising of franchisees and labour costs. A claim of alleged Breach of Public Contracts Regulations within the Health Sector.
International Distribution contract, Brazil & Swiss parties - approximately €5 Million.
Involving ICT healthcare, intellectual property, competition and data protection. Ongoing contract successfully resolved all issues, claim £500m.
IP rights in regard to the football fixture list. Infringement European design rights, wrongful threats under EU regulations. Claim £2.3m.
Trademark infringement regarding a well-known footwear brand.
Large multi-party coverage claim negotiations to achieve a settlement fund for underlying litigation. Excess £30million.
Professional negligence regarding film financing and tax structures, group actions and claims in liquidations. £12.5m.
Energy sector. Dispute in relation to carbon emissions contract linked to Kyoto Protocol and Europeans Emission Scheme.
Claim by private equity in relation to underlying insurance coverage relating to fire damage.
Claim for alleged negligence in managing a receivership and assets of an international leisure business.
One of Eileen’s most notable strengths is her ability to relate to a wide range of individuals and to build almost instant personal rapport with the parties and gain their trust. Her approach is both facilitative and evaluative and although she believes you have to gain co-operation and trust, a mediator should not shrink from helping the parties re-evaluate their options and strenuous reality testing may be a necessary part of the process. “She manages an excellent balance between gaining the clients’ trust and raises issues for their consideration.” Partner, City Law Firm She is very numerate and will crunch through the numbers and make sense of otherwise complex materials. She is highly intuitive and sensitive and never loses sight of the parties’ own responsibility to decide whether to settle. She is respected for her confidence and strength and has impressed parties with her “judicious use of toughness” to help bridge that last gap while maintaining their trust. Clients also appreciate the time she has taken to read into complex material and use the knowledge to shape a meaningful process. “She does not have one style, she is very adaptable and shifts attitude and tactics quickly – she has a real ability to focus on the result. She has the absolute right balance of tough and soft.”
Eileen has extensive experience in the following sectors: Banking & Finance Commercial Contracts Construction & Engineering Employment & Workplace Energy & Natural resources ICT - Information, Communication & Technology Insolvency Insurance / Re-insurance Intellectual Property Media & Entertainment Partnership & Shareholder Professional Negligence Property Public Sector Regulatory Shipping Sports Tax & Pensions Transport Trusts, Wills & Probate/Family Business Disputes
Starts from £400 per hour for preparation and mediation day and is dependant on case complexity and the number of parties