Rosemary Jackson QC
To contact or appoint Rosemary Jackson QC, call CEDR on +44 (0)207 536 6060 or email email@example.com
Rosemary Jackson QC
Rosemary has been an accredited mediator since 2001 and has built up a first class reputation as a personable and user-friendly mediator of domestic and international commercial disputes of all types. She is featured as a Leading Silk for construction mediations by Legal 500, 2014 and listed in Band 2 (Mediation) by Chambers and Partners UK and UK Bar Guides 2015, having been ranked as a mediator since 2010. Rosemary is listed for the fifth year running as one of the world’s leading Commercial Mediators in the International Who’s Who Legal: Commercial Mediators 2015. She is also listed as a leading Barrister (mediation) in Who’s Who Legal: UK Bar 2015.
Banking & Finance
- Civil recovery claim in respect of bank accounts and properties pursuant to the Proceeds of Crime Act.
- Multi-party dispute concerning follow-on claims for damages consequent upon OFT finding of abuse of dominant position.
- Facilitated a 3-party commercial settlement meeting under an NHS PFI contract.
- Alleged breach of a wine distribution agreement.
- Dispute relating to performance of baggage handling/security screening equipment.
- Claim for misrepresentation and breach of warranty in relation to due diligence processes for Sale and Purchase Agreement.
- Earn-out dispute arising from commercial buy-out.
- Breach of confidentiality claim in relation to introduction to a land purchase opportunity.
- Disputed success fee on settlement of major insurance litigation.
- Dispute related to validity of market research data.
- Dispute concerning liability for fines imposed by the European Court for anti-competitive (cartel) practices.
Construction & Engineering
- Dispute between a design and build contractor and his brickwork subcontractor and novated consultant engineer in relation to the collapse of a partially-built crescent of 10 houses.
- £2bn dispute relating to a complex infrastructure project.
- Dispute concerning responsibility for spread of fire through newly built premises.
- Defects claim, delay claim and final account dispute between Employer and Main Contractor in relation to construction of a hotel.
- Dispute between a sub-contractor and main contractor regarding provision of roofing materials for a factory development.
- Several disputes up to 6 parties and £160m arising from settlement of concrete slabs/piles in industrial premises.
- Conducted ICE conciliation in respect of adverse physical conditions encountered during demolition works.
- Disputes relating to heave and environmental damage to waterways and SSSIs as a result of using steel slag fill.
- Alleged design and construction defects in curtain-walling, overcladding, thermal insulation, roofs, air-conditioning, windows, kitchen equipment, acoustics, drainage.
- Delay and disruption claims – JCT, NEC and bespoke contracts.
- Payment dispute under Term Contracts pursuant to Framework Agreement.
- Alleged defects in design and construction of new academic facility – roofs, air-conditioning, windows, kitchen equipment, acoustics.
- Disputed responsibility for defects in lift installation in a school.
- Design of dehumidification and air-conditioning plant, ventilation and smoke/fire safety systems.
- Alleged delay in design and construction of commercial storage unit, alleged defects in cladding and lifts.
- Collapse of cobb wall.
- Delays in construction of a new wing for boutique hotel, disputed final account, alleged defects (JCT).
- Delays and compensation claims (NEC), final account disputes (FIDIC, FCEC).
- Alleged negligence in carrying out non-destructive survey to locate underground features, interpretation of standard terms and conditions.
- Alleged defects in over cladding system on tower blocks – cracks and debonding of external wall insulation – thermal cycling, design and workmanship (JCT).
- Alleged mechanical and electrical and builders work defects in refurbishment of prestige hotel - loss of profits.
- Alleged defects in racecourse drainage.
- Final account dispute in relation to construction of new academic building.
- Alleged defects and delay in design and construction of prestige private house.
- Water ingress during roofing works.
- Final account dispute for asbestos removal.
- Asbestos removal.
- Design of ground slab – effect of potential heave, construction of collateral warranty.
- Disputes relating to ground engineering, site investigations, anchor piling works, combi-piles and diaphragm walls.
- Dispute relating to scope of design requirement in project management of the M & E works in a design and build contract for a military field hospital.
- Dispute relating to ground and surface water design, and landslips during conversion of a disused quarry to landfill site.
- Claim by property developer in relation to defects in a property in a new industrial estate built on a brownfield site. The developer had settled with the tenant and sought to recover £6m from the steelwork subcontractor, piling contractor and structural engineer.
- Conducted a conciliation over 6 weeks in relation to the termination of a prestigious civic regeneration project.
- Non-compliance with conditions of planning permission.
Energy & Natural Resources
- Mechanical equipment and pipework installation and erection for a Fischer Tropsch design reactor – compensation events (NEC3).
- Subsea pipeline trenching and backfilling dispute – site investigation information.
- Dispute relating to cathodic protection to undersea oil pipeline.
- Process Plant Mediations
- Alleged defects in design and construction of sequencing batch reactor.
- Disputed variations in sub-contract for supply and installation of chemical dosing rig.
- Disputed final account for construction of desalination plant.
- Alleged defects in water evaporation and pH correction plant for volume reduction of hazardous waste water.
- Dispute concerning termination of a contract for installation of a biofuels plant.
- Dispute concerning Microbially Induced Corrosion (MIC) due to SRB in condenser.
- Alleged negligence in provision of COMAH report.
- Claim for £6m under disputed success fee agreement in respect of brokering the settlement of a $90m+ insurance claim for losses due to the effects of 9/11.
- Dispute concerning construction of Professional Indemnity policy and extent of cover.
- Claim by contractor against Professional Indemnity insurers for indemnity against sums paid to employer in respect of alleged negligence in design of conversion of derelict institutional building – sub-floor ventilation.
- Claim by buildings insurer against surveyor in respect of excessive rebuilding costs due to negligent design and contract administration.
- Dispute concerning the consequences of a piling rig overturning.
- Breach of copyright claim in relation to housing development.
- Disputes up to 5 days’ duration relating to projects in Afghanistan, Azerbaijan, Cayman, Denmark, Egypt, Georgia, India, Jordan, Libya, Madagascar, Qatar, Rwanda, Saudi Arabia, South Africa, West Indies.
- Facilitated at 3 day workshop for Greek Cypriot and Turkish Cypriot business leaders, politicians and leaders of civic society promoted by Engi and UNDP under the Participatory Peacemaking Project for Cyprus.
- Dispute concerning alleged shortfall in throughput achieved by design and supply of a dry batching mixing and blending systems for foodstuffs.
- Dispute relating to spoilt marzipan and icing on wedding and Christmas cakes due to contamination with osmophilic yeast.
- Alleged defects in design and construction of poultry processing plant.
Media & Entertainment
- Commercial/banking dispute arising out of a failed film investment scheme.
- Mediated a £90m dispute related to an NHS PFI project which was cancelled because of cost increases to the capital cost and the proposed unitary payment. This involved consideration of the unitary payment because the dispute concerned whether the Health Authority was entitled to terminate the project, and what the financial consequences should be.
- Facilitated legal workshop in relation to a dispute arising out of cancellation of a PFI project.
- Disputed sub-contract formation for mechanical and electrical works (PFI).
- Dispute concerning calculation of contribution payable towards Unitary Service Charge (USC) under a PFI project.
- Evaluation and mediation of a dispute concerning alleged design defects in a PFI hospital re-development.
- Dispute concerning defects in BSF PFI Schools construction.
- Claim by design and build contractor in respect of alleged deficiencies in structural engineering design by novated consultant.
- Allegedly negligent performance of architects, engineers and quantity surveyors’ duties.
- Solicitor’s negligence – drafting of settlement documentation in divorce proceedings.
- Solicitor’s negligence in conduct of TOLATA proceedings.
- Alleged negligence in design and contract administration of Mechanical and Electrical installation in training building – adequacy of estimates of heat gain and chiller duty, delay in producing design.
- Solicitor’s negligence – failure to issue proceedings in time.
- Eight party mediation including claims against two firms of solicitors for negligence in the handling of proceedings.
- Alleged negligence by architects in advising prospective developer prior to land purchase.
- Alleged negligence by architects providing design services to design and build contractor – delay and alleged defects.
- Contribution claim against consulting engineers in relation to contamination of site due to leaking diesel pipe.
- Alleged negligence and breach of contract in carrying out asbestos surveys and COMAH reports.
- Alleged negligence by Party Wall surveyors and engineers.
- Alleged negligence by funder’s monitoring surveyors.
- A dispute between neighbours concerning rights of way and nuisance.
- Protracted dispute between individual householders about validity and correctness of party wall award, quantum of compensation, ancillary issues.
- 8-party dispute concerning party wall awards, boundary dispute and 5 separate professional negligence claims.
- Design and construction of a racing yacht which took in water on its maiden voyage.
- Claim for increased costs under contract for disposal of contaminated spoil from civil engineering works to improve underground railways – hazardous and non-hazardous waste.
- Claim for damage to railway infrastructure due to water run-0ff from adjacent quarry.
- £200m dispute in respect of compensation events and other issues in relation to a major railway infrastructure project.
Utilities (Water Mediations)
- Dispute re water damage to properties under construction, allegedly due to escape of water during mains diversion, or from leaking.
- Alleged defects in design and build of sewage treatment works – dosing and odour control.
- Sewer collapse – effect of pre-existing condition of sewer and/or overlying spoil heaps.
- Subsidence after alleged blockage of surface water drain.
- Damage to, and blockage of, deep sewer after compression grouting – dynamic probing, protection of buried services – construction of contract.
- Responsibility for supply and payment of water supplies to industrial estates, method of charging.
- Design and construction of plant producing polished water.
- Disputes relating to compensation events in installation of pump shafts and water mains under NEC3 form of contract.
Rosemary’s approach is highly commercial. She has mediated disputes up to £2bn and disputes between up to 8 parties. Many complex or multi-party mediations benefit from Rosemary’s ability to case-manage the dispute and participate in a structured mediation process over a number of months.
Feedback shows that Rosemary is much appreciated for her calmness and patience but also her tenacity. She understands that parties sometimes need time and patience to make the necessary move to clinch a deal but also that there are times when firm handling is needed to help them bridge the seemingly unbridgeable final gap.
She is excellent at injecting a little humour when necessary, to relieve the tension. She is also mindful that it must be the right deal for the parties, and not one which they feel bullied into.
Feedback – Directories
- “Rosemary Jackson QC Former construction silk Rosemary Jackson QC is the ”ideal facilitator” according to market sources, who now employs her vast experience at the Bar as a full-time mediator. She regularly handles high-value and multi-party disputes in the construction and engineering sector, including those with professional negligence and insurance elements. She draws praise for her “gravitas” and her “shuttle diplomacy in difficult circumstances.””
- Chambers and Partners 2017
- “Rosemary Jackson QC is always “well prepared” and “reliable”, especially in matters of construction litigation. Clients “wouldn’t hesitate to recommend” her for her “extremely sound forensic approach” to cases.”
- Who’s Who Legal 2016
- Well versed in construction and engineering disputes, Rosemary Jackson QC is described as “a highly effective mediator who provides clear, concise and commercial advice.” She is also highly regarded for her expertise in areas such as professional negligence, and sources comment that “she's instinctively capable and like a lot of the better mediators, there's a touch of humility about her, which can make all the difference between being good and being great.” (Band 2)
- Chambers and Partners 2015
- Identified as a leading Barristers (mediation).
- The Who’s Who Legal: UK Bar 2015
- “One of the leading mediators in the construction field.”
- Legal 500 London Bar – Construction – Leading Silks 2014
- Listed as Tier 3
- Legal 500 London – Dispute Resolution –Mediators 2014
- Identified as one of the world’s leading Commercial Mediators.
- The International Who’s Who of Commercial Mediation 2014
- “…a determined and adaptable mediator with many tricks of the trade at her disposal. She is sought out primarily for difficult disputes stemming from failed commercial contracts of (sic) alleged professional negligence.”
- Chambers and Partners 2014
- “Demonstrates “real determination” and explores multiple angles in pursuit of settlement.”
“a favourite in contractual and professional negligence matters.”
- Chambers and Partners Guide to the Legal Profession 2013
- “Well prepared and clearly aware of the issues.” “incredibly flexible – she enables parties to be brought together in difficult circumstances.”
- Chambers and Partners Guide to the Legal Profession 2012
- “She is able to call upon her experience to advise parties on arguments that could potentially derail negotiations.” “friendly, pragmatic and flexible approach” “ability to provide a reality check to parties when it is needed.”
- Chambers and Partners Guide to the Legal Profession 2011
- “Adopts a firm but charming manner in mediating construction and engineering disputes.”
- Chambers and Partners Guide to the Legal Profession 2010
Feedback - Clients
- “It was a very difficult mediation to be involved with and Rosemary’s style of approach was exactly what was required to manage the characters involved.”
- “As you know, we work with many mediators from all around the world, but your responsiveness, attention to detail, care and follow-ups were just outstanding.”
- “The parties instructed Rosemary to act as mediator in June 2012 to assist in settling a breach of contract and misrepresentation dispute over technological equipment used in a processing plant. She was excellent and helped achieve a great settlement. The Claimant and Defendant have ongoing separate contractual relationships and Rosemary was fantastic at negotiating a settlement without inflaming the parties, so that their other business activities could continue despite the claim at hand. Rosemary had a sound grasp of the technical data and legal/factual issues in dispute. She has a wealth of experience and adopts a commercial approach to mediation, taking on board the parties issues and providing sensible advice and guidance through the day. My clients were particularly pleased as they did not feel under any pressure to settle at a point beyond their bottom line, however, the common sense approach adopted by Rosemary in dealing with the offers passing back and forth resulted in a satisfactory settlement for both parties. Rosemary has a fantastic reputation and it is well deserved. Both I and my clients will definitely instruct Rosemary in the future.”
- “You did a wonderful job yesterday. You did not have an easy task, yet you managed to start a momentum and kept it going to a successful conclusion, by applying just the right amount of pressure when necessary, and comforting very tired, weary, and hungry people as the day wore on - and all without showing any signs of fatigue or frustration.”
- “Thank you for working such miracles yesterday. You succeeded where [my client and I] had failed over the last 2 years! We are immensely grateful.”
- “Both counsel and I remarked that of all the mediations we have recently been to this was the one where we were most impressed with the mediator.”
- “I don’t think I’ve been in a mediation before where the mediator added so much value. So “well done”.”“Rosemary had a good grasp of all the relevant facts and the law. Her style was dynamic and helpful. She clearly aimed to make sure no stone was left unturned. She was friendly, yet firm. This was highly appropriate to the mediation, inter alia as it involved insurers. The mediator helped to keep the litigation risks and the economics of the situation at the forefront of everyone's minds. What could have been done better? - To be fair, little. It was a sound and professional facilitation. I would use the mediator again and I have recommended her frequently since.”
- “Delighted. She really understood what was going on. She was able to assess the fact of the cases – we were miles apart. She was optimistic for a settlement from the start and we didn’t believe her but there we were. I would definitely use her again. I wanted somebody who would get to grips with the lawyers.”
- “You were great. Best mediator I have worked with.”
- “We’ve been involved in a number of large and lengthy mediations over the last few years and, as it happens, you are the best mediator I have dealt with in Scotland and England so far.”
- “My clients and the whole team have nothing but admiration for the calm, firm and resilient way in which you dealt with what must have appeared to have been an intractable dispute and entrenched parties. Although I had explained to my client that mediation works even in the most difficult of circumstances there were times when I really thought that we would not conclude an agreement. That we did is down to your skill and steel.”
- “My view is that of all the barristers on the construction law mediation circuit Rosemary is one of the most effective.”
- “You kept going when I’m pretty sure both parties had given up and for that I am eternally grateful. You managed to resolve a situation in 6 hours that had been going for 20 months which is a testament both to the mediation process and your expertise. Without your help I would no doubt have been bankrupted by the cost of the litigation process and would have had to have gone through another year or two of legal hell. Thank You doesn’t seem to be enough.”
- “Rosemary - you were brilliant. Really, really appreciated your approach and input. I have done about 40+ and you were way up there as absolutely "magic". [The client] liked/respected you and that was the clincher.”
- “Extremely commercial and as such, was quickly able to make all parties to the mediation see the futility of continuing the dispute towards the Courts.”
- “Skilfully and expertly analysed both the disparity and common ground of the dispute and then proceeded to gently probe and tickle those areas of sensitivity (undoubtedly for both parties) and then gradually introduce a mindfulness and understanding of the different viewpoints and step by step proceed to build the bridge between the two.
- “You possess some special qualities which make the process of mediation calm with down to earth humanity, and I thank you very much for this. Whilst the whole litigation process has been a very wearing one for me I can honestly say you helped me with focusing on the issues to consider. At long last I feel the burden on [us] is now released so that we can get on with our lives.”
- “I would like to thank you for the part you played in this settlement and for the competent and professional manner that the mediation was run. I must say I was a little dubious about reaching a settlement to begin with as a previous encounter with mediation had left me unimpressed. In retrospect, although time consuming it definitely beats arbitration, etc. On the whole … to say you impressed me greatly is an understatement. You knocked my socks off!”
- “I can honestly say my expectations of being able to reach a settlement on the day were not high given the very strong feelings of the key players. However Rosemary’s patience and skill ultimately allowed a deal to be closed.”
- “Very many thanks for the way you dealt with things at the mediation and subsequently. You were very busy and proactive during the day (something that we do not see in all mediators) and I think that intensity of effort really helped bridge the gap between the parties.”
- “Whatever you said, and however you said it, the outcome is a testament to your skill.”
- “we have nothing but praise for your positive approach, perseverance and professionalism.”
- “a good result, masterfully steered home by an excellent mediator!”
- “My client and their team were really positive about the experience of having you as mediator and maintained that positive attitude throughout the two day process. Thank you for your hard work and for keeping up such a pace! It was the most active mediation I have ever been in! I will recommend you to my colleagues and look forward to working with you again.”
- “[the client] had no expectations as the parties were so entrenched so the fact that the parties reached a settlement is extreme credit to the mediator. He was enormously impressed with her - her manner was spot on throughout the day. She made it feel as though the parties were leading, obviously they weren't but it was done in a charming way you couldn't help but to go with it. The mediator drove it forward. She was well-prepared and knew the case inside out at the start of the day, she asked the parties "How can I best help you to achieve a settlement position?". Although there was still a gap between the parties towards the end, the mediator gave her perspective on an appropriate settlement figure (with the parties' consent) . This helped focus the parties, the actual settlement figure was almost the same figure.”
- “Clients very impressed by you as mediator (as was I), and pleased with settlement. I have to say I think you should put it into one of your "settled the unsettlable" case studies. You really were very good indeed. Excellent level of preparation. [My lay and professional clients] were enormously impressed by the depth of knowledge, your familiarity with the various reports, but also that you had a proper understanding of the overall picture of the case. Your delivery of the [requested] evaluation was also very impressive. You exuded an air of such complete confidence in yourself, your knowledge, your expertise and the process that it all seemed very easy. As regards sensitivity to commercial issues, this was brilliantly done – [the clients’] confidence and trust in you were cemented by your approach, and they really felt that you had understood their position.”
Rosemary has extensive experience as a barrister, adjudicator, arbitrator and a mediator, in the following sectors:
- Dredging and subsea pipeline trenching
- Energy (onshore and offshore, oil, gas, electricity)
- Engineering (civil, structural, process and mechanical & electrical)
- Insurance (Professional Indemnity, CAR, buildings)
- Party Walls
- PFI, PPP
- Process plants
- Professional negligence
- Standard form contracts including ICE, FCEC, JCT, NEC, I.Chem.E, RIBA
- Transport (rail and underground infrastructure and rolling stock)
- Water (treatment, sewer installation, collapsed and blocked sewers)
Rosemary is very experienced in acting as an adjudicator. She is a member of the CEDR and TECBAR Construction Adjudication Panels and has recently adjudicated disputes in relation to power, railway, motorway infrastructure projects and construction disputes. She has been appointed by the Chairman of the Bar to sit on a Joint Tribunal to determine a fees dispute between solicitors and counsel.
- CEDR Construction Panel Adjudicator
- TECBAR panel Adjudicator
- Kuala Lumpur Regional Centre for Arbitration panel Adjudicator
- Named Adjudicator and expert panel member in numerous PPP/PFI/BSF and other major projects
Whilst at the bar, Rosemary successfully represented many clients in arbitration. Rosemary also acts as an arbitrator, with experience as a sole arbitrator and of appointment to a 3-person ICC arbitral panel.
- Member of Society of Construction Arbitrators
- Member of Editorial Board of Commercial Dispute Resolution Magazine
- Appointed by an Italian Contractor as part of a three person tribunal in an ICC Arbitration regarding a dispute in relation to a Hydro Electric Power plant in Africa.
- Named Adjudicator for a schools PFI contract relating to the provisions, servicing and maintenance.
- Acted as Adjudicator in a dispute on a point of contractual interpretation between a top 10 Contractor and a Water Company regarding a Bio Solids Dryer project.
- Acted as Adjudicator in four separate Adjudication Decisions regarding legal and technical issues relating to an automated handling plant for picking goods to fulfil delivery orders.
- Acted as adjudicator in dispute relating to preparatory works for Crossrail.
- Appointed by ICC and LCIA as Mediator in cross-border disputes.
- Acted as sole Arbitrator in respect of construction dispute.
- Appointed by Chairman of the Bar to Joint Tribunal to determine fees dispute between solicitors and Counsel.
- Appointed as Adjudicator in two separate disputes relating to power supplies under Framework Agreement.
Whilst in practice at the Bar, Rosemary Jackson specialised in the field of construction, engineering, professional negligence and commercial/contract law, including advice and advocacy in relation to litigation and arbitration, adjudication and mediation, and contract drafting. She appeared as an advocate in Courts at all levels and before a wide range of adjudicators and arbitrators, as well as in appeals or challenges against arbitration decisions. She represented local authorities, the Treasury Solicitor, contractors, sub-contractors, developers, property owners and purchasers, and professionals, including architects, engineers and surveyors. She gained considerable experience of advisory work and litigation arising out of party wall matters. Rosemary was consistently ranked in Legal Experts, Legal 500 and Chambers and Partners for Construction Law.
She is experienced in standard forms of building, engineering and process engineering contracts, including design and build, JCT, FIDIC, NEC, PPP, PFI projects and government supply contracts.
Rosemary also sat as a Recorder in the Crown Courts for 13 years, where she was authorised to try Serious Sexual Offences.
Having moved to full time ADR work, Rosemary no longer accepts instructions to provide services as a barrister.
Rosemary’s interests include international conflict resolution. In 2012 she was a member of the OSCE monitoring team for the Armenian Presidential elections. In 2013 she was one of 3 facilitators of a 3-day peace-making workshop for Cyprus, sponsored by the United Nations Development Programme.
- CEDR-accredited and registered Mediator since 2001
- CEDR panel Mediator
- ResoLex Construction panel Mediator
- Bengal Chamber of Commerce panel Mediator
- TECBAR panel mediator
- Kuala Lumpur Regional Centre for Arbitration panel Mediator
- Member of Civil Mediation Council
- Project Advisor to ENGI Participatory Peacemaking Project for Cyprus
- Independent Chair of Euston and Camden Community Group engagement meetings in relation to HS2; July 2016
- Technology and Construction Bar Association (TECBAR)
- Commercial Bar Association (COMBAR)
- Society of Construction Law
- Society of Construction Arbitrators
- Keating Chambers Mediation Guide Rosemary Jackson December 2011.
- Mediation, And Some Tips For Getting The Best Out Of It Rosemary Jackson QC January 2011.
- Mediation: Some Do's and Don'ts Rosemary Jackson QC 1st July 2005.
Updated: April 2017