Carl Garvie

Door Tenant

Call 2008

Sillo

Introduction

Carl has over 34 years’ experience as a heavyweight commercial litigator. Prior to becoming a barrister, Carl spent 17 years as a partner with international law firm Pinsent Masons in its Birmingham, Manchester and London offices.

He was appointed one of the firm’s youngest partners when only 29. During his time there he managed the largest department in the firm; headed the International plc and Manufacturing sectors and was the office managing partner in Manchester.

During his career he has handled hundreds of cases with a very broad range of commercial disputes for national and international companies (listed in the UK, USA and Europe as well as unlisted companies), banks (both clearing and secondary), professional partnerships, owner managed businesses and individuals.

What does Carl want to achieve through the ADR process?

Whilst accepting that ownership of the dispute remains firmly with the litigants, and that they will be receiving legal advice in relation to the same, his approach to mediation is to be proactive in seeking to help the parties to identify the strengths and weaknesses of their case. Whilst never seeking to over push the pace of negotiations, as an advocate in numerous mediations, his experiences is that too many of them failed to get to grips with the pertinent commercial, legal and risk issues at the earliest opportunity. Whilst always being aware of the emotional factors in litigation (which should never be underplayed) the key aim of any mediation is to seek to arrive at a settlement. In order to achieve this it is Carl’s firm view that the key elements that are mediator requires are (a) intellectual rigour and analysis (b) a very clear commercial approach (c) total transparency and openness which flows from the confidential nature of the discussions and (d) trust (which he has to earn) from the parties and their advisers.  This is then combined to give a tenacity to achieve settlement, which has helped to produce a settlement rate over 90 percent.

Recent experience

The range of mediations in which he has been involved over the years mirrors his very broad experience in practice as a corporate, commercial, banking, partnership and insolvency litigator.  Recent mediations have included;

  • £10 million breach of restrictive covenant claim arising out of an alleged breach of restrictive covenant and misuse of confidential information. Both parties instructing high profile QCs.
  • Large scale family partnership dispute involving several family member groupings. Allegations of fraud with HMRC involvement.
  • Multiple mediations with Clearing Bank clients relating to recoveries including guarantee claims.
  • £1 million tax indemnity claim arising out of a failed Employee Benefit Trust tax claim.
  • Dental Partnership dispute with a claim to beneficial entitlement to one half of a multi-practice business.
  • Fraudulent misrepresentation and warranty claims arising out of the sale of a care homes business.
  • Multimillion cross jurisdiction dispute on inter-company and personal claims between a US and British individual, including claims of deceit and tax avoidance in both the USA and the UK.
  • Dispute between shareholders in a Claims Management company, including issues of beneficial ownership of shares; fraudulent withdrawal of funds; injunctive relief and regulatory compliance.