Mediator Profile - Simon Carne

"Simon brings a remarkably clear mind to whatever he does. But that is not all. He is alert to the 'people' issues as well as the intellectual ones. I have enjoyed working with him."

Profile Summary

Simon led the UK forensic accounting practice at Ernst & Young and subsequently in a firm of economic consultants. He is now a mediator and an independent management consultant, working with organisations for whom solving the problem is not enough: they need to persuade an external audience that they have the right solution.

For more than 25 years, he has been involved in a range of commercial disputes and regulatory or disciplinary enquiries as expert, adviser or mediator.

It was what it said on the label - quick and cost effective - a no fault way of drawing a line under the dispute - and above all successful. Mediation client

He has also experienced the High Court from the litigant's perspective, in a David-and-Goliath dispute as chairman of a not-for-profit company suing a multi-national corporation.

Full Profile

Simon is an independent adviser working in the fields of Litigation, Regulation, Mediation and Communication for more than 25 years. Writing is an important feature of his work. Helping organisations to persuade an external audience - be it the High Court or the court of public opinion - is typically just as important as developing the analysis in the first place.

He is not a traditional management consultant, and his clients don't think of him in that way, but having worked in and around professional and regulatory teams for as long as he has done, he is often asked to pass that knowledge on in people- or management-related assignments.

He qualified as a mediator in 2009 and is now a panel member with several providers, both commercial and pro bono.

Describing his introduction to litigation, he said: "In the 1980s, I thought accounting firms should offer expert witness and forensic services. The idea was unheard of at the time and the firm I was with was resistant to the idea. But with a little persistence, I was able to persuade them to give it a go. Persistence and persuasion have since become the hallmarks of my work."

Personal Style and Feedback

Simon brings a holistic approach to any problem, looking through the issues to explore what the underlying cause might be, whether factual or emotional. He has strong communication skills which often enable him to present innovative solutions in a reassuring way. Feedback on Simon's style includes:

"intellectual rigour and playfulness in making us challenge our ideas" Client

"recognised for his incisive mind and as an excellent communicator" Barrister

"always very thoughtful and has insights which go beyond what others have managed to understand" Client

"truly invaluable, helped enhance the efficiency and effectiveness of the [litigation], and saved costs" Solicitor

"ability to spot lateral connections" Client

"courteous, professional and above all successful " Client's in-house lawyer

Professional Background

Simon took up mediation in 2009 after a career in dispute resolution as an expert witness, adviser, tribunal member and expert determiner. Originally, he qualified as an actuary before taking his financial training into the wider field of corporate financial activity, economic regulation and public policy.

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Dispute Resolution Experience

Banking/Corporate Finance/Business to business

• Trans-Atlantic dispute between two industry giants over the operation of a pricing clause in a 'cost-plus' supply agreement
• Banker's misstatement of facts led client to commit to a business acquisition that could not be completed: dispute over how much the outturn would have differed without the false information
• Investment bank found to have mis-priced units in an investment trust: claim for the sums lost by investors.

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Construction and Engineering

• Non-payment by building firm of supplier's invoices: builder claimed the non-payment was justified by poor quality of materials delivered
• Claim against construction company for defective construction of middle-eastern engineering plant
• Engineering joint venture agreement terminated without proper cause. Complex financial arrangements needed unwinding
• Several loss-of-profits disputes relating to manufacturing or engineering businesses

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Insurance

• Repudiation of contracts by reinsurer alleging that false information was supplied at the policies' inception
• Claim against a trio of financial advisers relating to due diligence carried out during acquisition of a reinsurer, subsequently found to have been insolvent
• Allegations against an actuary for failing to secure adequate reserves held in relation to the investment strategy

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Pensions

• Dispute between trustees of two pension schemes following corporate takeover
• Investment managers accused of misleading pension schemes over the nature of the investments actually held
• Loss of pension rights following termination of employment contract

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Telecommunications and IT

• Claim against a search engine optimisation expert for failing to 'optimise' to the degree promised
• Claim by IT supplier following anti-competitive behaviour by manufacturer
• Software house falsifying the sales levels reported to investors
• Various disputes between telecoms operators over interconnection charges in a regulated environment

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Dispute Types - Case Summaries

Intellectual Property

• Disputed valuation of losses suffered as a result of patent infringement
• Various disputes over rights to register internet domain names
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Professional Negligence

• Auditors and reporting accountants: several claims against Big 4 firms relating to statutory accounts, due diligence and stock exchange reports
• Actuaries: claims against actuaries relating to valuation of liabilities of an insurer caught up in the Lloyd's spiral
• Solicitors: alleged failure to spot the inherent flaws in a series of home income plan arrangements
• Independent financial adviser: claim arising out of a tax-based film-financing arrangement
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Supply of Goods and Services
(including Outsourcing and Franchising)

• Dispute over profit mark-up permitted in an agreement to supply materials according to a specified pricing formula
• Dispute over landing charges at an international airport
• Dispute between local authority and management consultants following the non-completion of a consulting project
• Fitness for purpose of construction equipment
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Other Dispute Resolution Experience

Competition
• Losses suffered by retailer following abusive withdrawal of supply
• Pharmaceutical litigation, including resale price maintenance of over-the-counter medicines
• Various investigations relating to alleged anti-competitive behaviour
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