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Jonathan Lux

Civil and Commercial Mediator

   

Practice Overview

Jonathan has more than 33 years’ of experience as a lawyer and mediator, specialising in commercial law.  Jonathan Lux’s considerable, diverse experience as a mediator has brought him great success in settling cases across a wide range of areas, in the UK and internationally. Jonathan has the ability to grasp the key issues of a case quickly and is well placed to take on cases that require a highly skilled and personal approach.  The range of Mediation and Arbitration cases that he has been involved with, have given him the tact and robustness that leads to a satisfactory conclusion, enabling all parties to cost-effectively put the case behind them and get on with their business.

 

Professional Background

Formally a practising solicitor, he was the Joint Head of Arbitration and Mediation Group with the international commercial and shipping law firm Ince & Co.  After an extremely successful career culminating as a Senior Partner, Jonathan made the decision to specialise independently in Mediation and was subsequently called to the Bar and joined Chambers in 2011.  Most of Jonathan’s working career, in the UK and overseas, has been involved with mediation and arbitration in some form or other.  His areas of expertise range from professional negligence, personal injury, Land and Property, Insurance, Banking to Maritime and Shipping, to name a few.

Recent Mediations include:

Commercial Contract and Tort Disputes:

  • Dispute over whether registration enquiries for the Get Off product had been properly made and registration obtained with a view to lawful sale in international jurisdictions.
  • Claim related to alleged breaches of restrictive covenants by the defendant, and was for monetary damages only. Further dispute over a counterclaim by the defendant.
  • Dispute over whether digging, surfacing and tarmacking work was carried out with reasonable care and skill and whether materials were of a satisfactory quality.
  • Claimant sought to recover in excess of £100,000 for non-payment of invoices in the matter.
  • Disputes over property, partnership and employment between a company operating GP surgeries under contracts from NHS Primary Care Trusts and former partners in another medical practice.
  • Where there was a lease agreement for a number of photocopiers and a service agreement the claimant claimed misrepresentation as to the first agreemebreach of duty to obtain client’s authority to sell photocopiers to two different companies.
  • Breach of an Agency Agreement led to the innocent party terminating the agreement and claiming substantial damages.
  • Claim by accountants for substantial unpaid fees and a counterclaim by their clients for an even larger sum.
  • A radio company claimed in respect of unpaid airtime. Defendants claimed that the Claimant jumped the gun in allotting airtime to others and so counterclaimed for the loss suffered by being kicked off air.
 

Banking:

• Dispute over the non-repayment of a loan.

Construction and Engineering:

  • Dispute arose in relation to the construction of affordable housing that a partnership was building for its client. Issues in the case involved the expert opinion of a structural engineer.
  • Large claim by sub-contractor against a contractor. Defendants counterclaimed because the invoices in question were allegedly disputed by HMRC.

Shareholder Disputes:

  • Dispute over shares in a family property and hotel business where the claimant was claiming entitlement to 40% of the valuation of the properties owned by the family company.
  • Dispute over the shares of a deceased in respect of commercial property.
  • Multimillion pound breach of warranty dispute regarding sales of shares in a PLC.
  • Claimant claimed they were wrongly excluded from acquiring shares in the Defendant. Multiple issues including valuation of the shares.
  • Claimant claimed as minority shareholder that the Defendant company should buy his shares. Claimant also claimed for unfair dismissal.

Land and Property:

  • An acrimonious dispute between neighbours, where the sums in issue were small but tempers were high over a variety of issues including the use of a driveway.
  • Main issues in the matter included agreeing who was to have control over arranging works to the electric gate and whether the claimant should be granted unrestricted and unobstructed use of the right of way over the passageway at all times.
  • Family dispute arose as to the nature and status of the claimant’s right of way.
  • Parties sought socially viable solutions to preserve family relationships.
  • Dispute over whether a break clause had been validly exercised in accordance with the lease. Defendant sought a declaration that the lease had not been terminated and claimed rent and interest under the same.
  • Failure to complete the purchase of a multimillion pound commercial property led to claims arising for specific performance of a contract.
  • Claimant claimed for possession of land on the basis that he had a substantial level of security of tenure under the Mobile Homes Act 1983.
  • A large sum in dispute where a father had transferred property to his son without informing the council and thereby avoiding charges for accommodation and services.
  • Dispute in connection with extension to the claimant’s property where work was not competed but had been paid for on account.
  • Non-payment of invoices for building work. Dispute arose because of incomplete snagging work.
  • Dispute regarding allegations as to the extent and quality of work carried out by the Claimant and so Defendants were resisting payment.
  • Claim for breach of restrictive covenants.Claim in respect of failure to complete the purchase of a property following exchange of contracts. Thereafter loss of monies due to the collapse of the housing market.
  • Alleged breach of contract for the sale of property to joint purchasers involving substantial claims and counterclaims.

Motorsport & Yachting:

  • Commercial dispute over non-payment of services contracted and supplied to a high profile F3 racing driver over the European F3 Open Championship.
  • Dispute over amounts due following the sale of a jointly owned yacht.


Professional Negligence:

  • Claim for non-payment of professional fees resisted by Defendant on the grounds of professional negligence.
  • Builders claimed substantial sums regarding alleged incompetence of structural engineers.


Personal Injury:

  • Claim for an accident suffered whilst on school property leading to personal injury.
  • Personal injury claim after tripping over a cargo net and sustaining injury to shoulder whilst in the course of employment.
  • Claimant’s wife died as a result of the impact of a bollard which had sheared.
  • Claimant sued defendant and insurers for substantial sums.
 
 

Endorsements

  • “Dear Mr Lux, Just a line to express my (and my client’s) thanks and appreciation for the manner in which you conducted the mediation. Your patience and understanding, qualities which only come with experience, were much in evidence. Given a suitable opportunity, I shall not hesitate to recommend you as a mediator in the future.” - Harold Berwin, Darlington Hardcastles

  • “…the consistently positive feedback we received from our sources across the globe reflect Jonathan’s exceptional talent and pre-eminence in the field.” - Who’s Who Legal

  • •“Jonathan Lux leads the voting worldwide, with unanimous praise coming from all corners of the globe. Head of the firm’s (Ince & Co) logistics team, he is recognised for his alternative dispute resolution capabilities. His skills and integrity mark him out as one of the best I’ve ever come across.” - Who’s Who Legal

 

Other Experience

  • Well known for using the ADR principle in resolving cases, Jonathan is frequently invited to lecture and write professional articles on mediation, and is considered to be at the top of his profession

  • Fluent in French and German

  • Jonathan gained an Honours degree and University Exhibition from Nottingham University in 1973; and then French Government scholarship for study in in France, leading to a Masters degree.  He is a fluent French and German speaker making him much in demand for national and international mediations.

  • Jonathan is the current Honorary Consul to Cape Verde in London.

 

Personal Interests

Jonathan is married with three grown-up children. Although his family is his main priority, he has plenty to keep him busy in whatever spare time he has.  One of Jonathan’s main passions is Motor Sport. He races Classic Formula Ford cars and has taken part in several endurance rallies; he has also participated in the 1997 Beijing to Paris Classic car rally. At a slower pace, he loves hill walking, especially in Scotland.

 

Areas of Specialism

  • Banking
  • Commercial
  • Construction
  • Contract
  • Engineering
  • Personal Injury
  • Professional Negligence
  • Property
  • Real Estate
  • Shareholder Dispute



Get in Touch

ADR Group
The Dounsells, Mores Lane, Brentwood, Essex CM14 5RZ

General Office Enquiries
020 3600 5050
info@adrgroup.co.uk

Office Hours
Monday to Thursday - 9.00am to 5.30pm
Friday - 9.00am to 5.00pm

Out of Office Contact
Mark Belford +44 7703 308 923


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